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agent didn’t have me sign an agreement prior to showing ?

My agent did not have us sign an agreement prior to showing us houses. We found a house and verbally made an offer. When he wrote up the offer he didn’t tell us that the selling agent had agreed to a 4% commission. He sent us the contract electronically with 1% of closing over the price we verbally agreed on and told us we would get the money back at closing. Not true. Are we stuck paying his fee now ?

Asked by Robert Nichols | Pass Christian, MS| 05-28-2025| 1,654 views|Buying|Updated 11 months ago

Answers (6)

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Jason Craig

Coldwell Banker · Westwood, MA

I'm not a lawyer, but here's how commissions usually work. Buyer's agents are typically paid out of the commission that the seller offers through the listing broker. You only become personally responsible for paying an agent if you sign a **buyer‑broker agreement** that spells out a retainer or success fee. In fact, many buyer agency contracts are exclusive and last for a set term (often around 90 days), and they specify exactly how the agent will be compensated. In your case it sounds like you never signed a buyer‑agent agreement before touring homes. If you don't have a written contract obligating you to pay, then you're generally **not required to pay your agent's commission out of pocket**. That fee should come from the commission offered by the listing broker, and it should have been disclosed to you before the offer was written. If the agent inserted a 1% fee into the contract without your consent, you have every right to push back. Reach out to the agent's **broker in charge** and explain what happened. Brokers oversee their agents and can remove or reduce a commission clause that wasn't agreed to. If you did sign an offer or buyer‑broker agreement with a commission clause, the broker may be able to release you from it. Under the new rules rolled out in 2024‑2025, buyer‑agent compensation must be negotiated and put in writing before any showings, so there should be no surprises. If the broker will not resolve the issue, consult a real‑estate attorney or file a complaint with your state real estate commission. Going forward, insist on reviewing and signing a written buyer‑representation agreement that clearly states how your agent will be paid before you look at homes, so there are no misunderstandings.
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10-29-2025 (6 months ago)··
Keith Jean Pierre

REMAX First Realty · East Brunswick, NJ

(151 reviews)
If an agreement was not signed, typically it cannot be enforced. Now if you signed an agreement with that contract, these you are in murky waters and it can get tricky. Consult an attorney to see your options as none of us in here can give legal advice. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA
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04-23-2026 (6 days ago)··
Kevin Neely

Keller Williams Realty Elite Partners · Spring Hill, FL

(76 reviews)
This is a common question among Florida buyers and sellers, and the answer depends on your specific situation and local market conditions. Understanding the fundamentals before making any decisions protects your investment and your timeline. In Lecanto, Citrus County, Florida, the real estate landscape has its own characteristics that affect how this plays out in practice. The Citrus County market attracts a diverse buyer pool including relocators from higher-cost states, retirees, and local move-up buyers, which creates consistent demand across most price points and property types. The strategic approach is to work with a local agent who can pull current comparable sales data and walk you through the specific factors that apply to your situation in Florida. Every market is different at the neighborhood level, and decisions based on general advice or national headlines often miss the local nuances that matter most to your outcome. Making informed decisions based on local data is always the strongest position. Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners
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04-15-2026 (2 weeks ago)··
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Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
That is okay. In Florida, some agents show homes first to build rapport. Before making offers, your agent should present a buyer’s broker agreement outlining representation and compensation terms.
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10-13-2025 (6 months ago)··
Julianne Clark

Charter One Realty · Beaufort, SC

(48 reviews)
Before you get involved with a real estate lawyer and their expense -- contact "your agents" broker in charge and explain the situation. A resolution may be easier than it appears. The broker in charge is responsible for the agent and will help resolve your concerns.
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06-23-2025 (10 months ago)··
Irina RileyNovice1 Answer
Irina Riley

Silvercreek Realty Group · Meridian, ID

(36 reviews)
Hi, I am sorry that you are in this situation right now. I strongly suggest to consult with a real estate lawyer. He/she will guide you through the process and answer your questions. Good luck!
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06-19-2025 (10 months ago)··
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