If you’re buying a home in Texas, you’ve probably heard that the rules around real estate commissions changed. That leads to one of the most common questions I get:
“Do I have to pay my REALTOR® out of pocket?”
The short answer: not necessarily.
The rules changed how compensation is communicated and agreed upon. They didn’t automatically shift the cost onto buyers. What matters is knowing what you’ve agreed to, where that money may come from, and what you could owe before you ever make an offer.
My goal is simple: you should understand these numbers before you write an offer, not when you sit down at the closing table.
What Changed With Buyer Agent Compensation?
Since August 2024, National Association of REALTORS® policies have changed three big things:
1. Compensation offers are no longer on the MLS. Listings can’t advertise what the seller will pay a buyer’s broker.
2. A written buyer agreement comes first. Agents working with buyers need a signed written agreement before touring a home.
3. The amount must be spelled out. The agreement has to state a specific amount or rate. It can’t just say “whatever the seller offers,” and your agent can’t collect more than the agreement allows.
Commissions are also not set by law. They are negotiable.
Texas added its own layer. Beginning January 1, 2026, Texas generally requires a written agreement when a license holder works with a buyer who wants to tour residential property or submit an offer.
In practice, that means you and I will talk about representation and compensation before we tour a single home.
Does the Buyer Have to Pay Their Agent Now?
Not automatically.
Your buyer representation agreement sets the compensation you and the brokerage agree on. It doesn’t dictate that the money comes from your bank account.
When we find a home you love, compensation becomes one more piece of the offer strategy. Depending on the property, it may be covered by:
- The seller, contributing toward some or all of it
- The listing brokerage, under a separate agreement
- Terms negotiated directly in your purchase offer
- A new-construction builder’s broker compensation program
- A combination of seller or builder contributions and buyer funds
- You, for any remaining balance owed under your agreement
Texas REALTORS® confirms that sellers can still agree to contribute toward a buyer broker’s compensation through the sales contract.
Can We Ask the Seller to Pay the Buyer’s Agent?
Yes. This is one of the biggest misconceptions about the rule changes.
Sellers can still contribute, and in Texas that request can be written into your offer and documented in the contract.
That’s why I don’t look at purchase price alone. I look at the whole picture:
Purchase Price + Closing Costs + Buyer Agent Compensation + Financing + Seller Concessions + Other Terms
The strongest offer isn’t always the highest price. It’s the one that works when you look at the entire transaction, including how much cash you actually need to close. If you haven’t mapped that out yet, start with The Hidden Costs of Buying a Home in Texas: Expenses Every Buyer Should Know.
What If the Seller Doesn’t Want to Pay?
Then we look at the numbers and negotiate.
A seller saying “we’re not paying the buyer’s agent” doesn’t stop you from asking. The seller can accept, decline or counter, just like any other term.
But here’s the important part: if the seller, listing brokerage or builder doesn’t cover the full amount in your buyer agreement, you may be responsible for the difference.
That’s exactly why this conversation happens before your offer goes in, not after.
How New Construction Is Different
Many Texas builders still pay broker compensation to agents who bring buyers to their communities. But policies vary by builder, community, promotion and even individual home.
One catch: many builders require your agent to be with you, or registered, on your very first visit. Walk into a model home alone and sign in, and you may lose representation or builder-paid compensation for that community.
Before you visit a new-home community, reach out to me first. I’ll check the builder’s policies, current incentives and how they structure the deal so you know where you stand.
What I Want Every Buyer to Know Before Making an Offer
You should never be surprised by a buyer agent fee at closing. Before we move forward on any property, you’ll know:
✔ What my compensation is
✔ What the seller, listing brokerage or builder may contribute
✔ What we’re requesting in your offer
✔ Whether you could owe anything out of pocket
Then you decide based on real numbers.
Why Buyer Representation Matters
Buying a home is much more than unlocking doors. My role includes:
- Evaluating properties and pulling comparable sales
- Helping you understand financing, including why getting pre-approved comes first and whether an adjustable-rate mortgage makes sense for you
- Writing and negotiating your offer
- Coordinating inspections, repairs and appraisal issues
- Communicating with your lender and title company
- Tracking every deadline through closing
Your buyer representation agreement puts that relationship in writing: the services, the terms and how the brokerage gets paid. Transparency is the point.
What Happens Before We Tour Homes?
We’ll sit down and review your buyer representation agreement together. I’ll walk you through:
- What you’re agreeing to, and for how long
- The services I provide
- How compensation works
- How we may request seller or builder contributions
- What happens if those contributions fall short
If anything is unclear, ask me before you sign. I want you to understand the agreement, not just sign another document.
Still deciding whether now is the right time to buy? Rent vs. Buy in Texas Right Now: What 3.5% Down and a 2.99% Buydown Actually Do to the Math breaks down the numbers.
Ready to Start Your Home Search?
Whether you’re buying in Dallas-Fort Worth, Greater Houston or anywhere in Texas, here’s how to get started:
📘 Download My Texas Buyers Guide – Financing, inspections, negotiation and closing, step by step.
🏡 Search Homes for Sale – Browse listings and save your favorites.
📞 Schedule a 15-Minute Call – Talk through your budget, timeline and next steps.
Found a home you want to see? Send it my way. I’ll review the property, the numbers and the likely compensation structure so you know exactly what the deal could look like. No surprises.
Frequently Asked Questions
Do buyers pay the buyer’s agent commission in Texas?
Sometimes, but not automatically. Compensation may be covered by the seller, listing brokerage or builder. Buyers may owe any remaining balance under their buyer representation agreement.
Do I have to sign a buyer agreement before touring a home in Texas?
Generally, yes. NAR policy requires a written agreement before touring, and Texas requirements effective January 1, 2026 generally require one before touring or submitting an offer.
Can a Texas seller still pay the buyer’s agent?
Yes. Sellers can agree to contribute toward buyer broker compensation, and the request can be included in your offer.
Are real estate commissions set by law in Texas?
No. Broker compensation is fully negotiable.
Can I use seller concessions to cover my agent’s fee?
Often, yes, depending on how the offer is structured and any limits set by your loan program. Talk with your agent and lender before writing the offer.
Do new construction builders pay buyer’s agents?
Many do, but policies vary. Bring your agent on your first visit to avoid losing representation or compensation.
What happens if the seller refuses to pay my agent?
You can still negotiate. If the final contribution doesn’t cover the agreed amount, you may owe the difference, which is why it should be discussed before your offer. Schedule a quick call to walk through your numbers.
About Kory White Real Estate Group
Kory White Real Estate Group helps buyers and sellers across Dallas-Fort Worth, Greater Houston, Austin, San Antonio and communities throughout Texas. With more than 20 years of experience, Kory focuses on clear communication, smart negotiation and transparent numbers so clients can make confident decisions from first showing to closing. Ready to talk through your next move? Schedule a 15-minute consultation.
Kory White, REALTOR®
Kory White Real Estate Group
Dallas: (469) 336-3027 | Houston: (281) 738-4446
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