Questions to Ask Before Signing with a Buyer's Agent — Preckens.com

Summary

18 items · 20–40 minutes

Why These Questions Matter Before You Sign

A buyer representation agreement is a legally binding contract. Once signed, it typically obligates you to work exclusively with one agent for a set period — and in some cases, to ensure that agent is compensated even if you find a home independently. That's not a reason to avoid working with a buyer's agent; a skilled one is a genuine asset. But it is a reason to ask hard questions before you commit.

The real estate landscape has also shifted. Following a landmark 2024 settlement involving the National Association of Realtors (NAR), rules around how buyer's agent compensation is disclosed and negotiated changed materially. Buyers are now more directly involved in those conversations than they were in previous years. Understanding what you're agreeing to — in plain terms — protects you throughout the process covered in our home buying walkthrough.

Use this checklist during an initial interview with any agent you're considering. Most agents will welcome the questions — they signal you're a serious, informed buyer.

Required

Notepad or Interview Template

Record each agent's answers during your interview so you can compare responses across candidates.

Required

Buyer Representation Agreement (sample or draft)

Review a draft contract before your meeting so you can ask targeted questions about specific clauses.

Optional

Licensed Real Estate Attorney

Review the representation agreement for legal implications before you sign, especially for exclusivity or compensation terms.

The Complete Question Checklist

Work through these questions with any agent before signing. Take notes, and don't hesitate to request that key answers be reflected in the written agreement itself.

Agreement Terms

Ask how long the contract lasts and whether you can exit early if the relationship isn't working. Must

Confirm whether the agreement is exclusive, meaning you're prohibited from working with other agents during the term. Must

Request a geographic scope clarification — does the agreement cover only specific neighborhoods, counties, or the entire state? Must

Ask what happens if you find a property on your own — are you still obligated to compensate the agent? Must

Compensation and Fees

Ask exactly how the agent is compensated — flat fee, percentage of purchase price, or another structure — and who pays it. Must

Confirm whether seller-paid compensation is possible and how that would be negotiated under current market rules. Must

Ask if any additional administrative or transaction fees are charged outside of the stated commission. Should

Agent Experience and Specialization

Ask how many buyer transactions the agent completed in the past 12 months and in your target neighborhoods. Must

Inquire whether the agent specializes in your price range or property type (condos, single-family, new construction, etc.). Should

Request references from recent buyer clients who purchased in similar circumstances to yours. Should

Communication and Process

Clarify how often and through which channels (phone, email, text) the agent will provide updates. Must

Ask who handles your transaction if the agent is unavailable — a team member, an assistant, or no one? Should

Confirm how quickly the agent typically responds to offers and time-sensitive market activity. Should

Duties and Advocacy

Ask the agent to explain their fiduciary duties to you as a buyer and what that means in practice. Must

Confirm the agent will disclose any known conflicts of interest, including dual agency situations where they represent both buyer and seller. Must

Ask how the agent approaches pricing analysis and comparable sales to help you make competitive, informed offers. Should

Inquire whether the agent can recommend inspectors, attorneys, and lenders — and clarify that these are suggestions, not requirements. Nice to have

Ask how the agent has handled difficult negotiations or failed deals in the past and what they learned. Nice to have

Dual Agency Deserves Extra Scrutiny

Dual agency occurs when one agent — or one brokerage — represents both the buyer and the seller in the same transaction. This arrangement is legal in many US states but creates an inherent conflict of interest: the agent cannot fully advocate for both parties simultaneously. Ask every prospective agent upfront whether they practice dual agency and how they handle it. Some buyers choose to avoid dual agency entirely; others accept it with clear written disclosures. Know the rules in your state before signing anything.

Long Exclusive Contracts Limit Your Options

Some buyer representation agreements run for six months or longer and include broad exclusivity terms. If the relationship doesn't work out, you may have limited ability to work with another agent without potential legal exposure. Where possible, negotiate a shorter initial term — 60 to 90 days is common — with the option to renew if both parties are satisfied. Also look for a clear written process to terminate the agreement if necessary. For a broader look at what buyers overlook, see our article on what first-time buyers wish they'd investigated.

Agents who deflect, rush you, or discourage questions are themselves a red flag. A trustworthy agent treats your due diligence as a sign of a healthy working relationship, not an obstacle. For more on mistakes that derail purchases, see why buyers lose deals.

This article is for general informational purposes only and does not constitute legal or financial advice. Consult a licensed real estate attorney or qualified professional for guidance specific to your situation and jurisdiction.

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The content on this site is for informational purposes only and is not a substitute for professional advice. Always consult a qualified professional for guidance specific to your situation.