Must Buyer's Pay
Their Agent's Fee?

Question: I've heard you and other real-estate experts say that buyers should always use their own brokers when purchasing a home. We'd like to do that, but we don't want to pay the commission. We're paying a large commission to sell our house (in escrow) and we don't want to pay another to buy one. Is there any way we can use a buyer's agent without paying the commission?

Answer: This is one instance where you can have your cake and eat it, too. In most cases, the sellers, not the buyers, end up paying the buyer's agent's commission.

Here's how it works: You get a buyer's agent to work for you. Since almost 90% of homes are listed by agents who will co-broke (will split the commission with another agent), your buyer's agent should be able to work out a deal where he or she gets paid, in effect, by the seller. The seller's commission is split between buyer's agent and seller's agent.

It's only when the selling agent won't cobroke that you would be liable for the buyer's agent's commission. And in that situation, you can always choose not to buy the home.

You should carefully check any agreement your buyer's agent wants you to sign to be sure that the above arrangement is in effect. (Take it to your attorney if you're not sure.) Some buyer's agents do insist that buyers pay their fee no matter what; I certainly wouldn't sign such an agreement in today's market.

Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent book is "Buy Your First Home," (2000, Dearborn).

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Jeffrey, Fairlawn, N.J.

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