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The New Rules of Homebuying: How to Hire, Vet, and Pay Your Buyer's Agent in Massachusetts (Post-August 2024)

Under 1 min read
November 20, 2025
THE BOTTOM LINE

The August 2024 NAR settlement eliminated automatic seller-paid buyer agent commissions in Massachusetts. YOU now negotiate your agent's fee (typically 2.5% or $12,500+ on a $500K home), either securing it as a seller concession in your offer or paying it directly out-of-pocket at closing. The Exclusive Buyer Agency Agreement is now mandatory before touring homes, setting your maximum financial liability. To protect your interests, demand a true Exclusive Buyer Agent (firm that never represents sellers) to avoid Dual Agency conflicts that legally force your agent into neutrality, forfeiting confidentiality and advocacy.

WHO NEEDS THIS

Any Massachusetts homebuyer signing an agent agreement after August 2024, first-time buyers navigating the new commission rules, buyers seeking maximum fiduciary protection, anyone confused about Dual Agency risks or agent fee negotiation.

KEY INSIGHTS
  • Post-August 2024: Buyer agent fees no longer appear on MLS—you negotiate them directly
  • Exclusive Buyer Agency Agreement is mandatory BEFORE touring homes or writing offers
  • Agreement sets your MAX fee liability—agent can't collect more even if seller offers higher
  • Dual Agency forces agent into legal neutrality—you lose confidentiality, loyalty, obedience
  • True Exclusive Buyer Agent firms (buyer-only) eliminate ALL conflict-of-interest risk
  • Seller concession request is now part of offer strategy—not a market default
  • If seller refuses to pay: YOU pay the full fee directly (requires liquid cash at closing)
  • 25 essential interview questions to vet agents before signing binding agreement
DO THIS NEXT

Before signing ANY buyer agreement: (1) Ask: 'Does your firm ever represent sellers?' If yes, Dual Agency risk exists. (2) Negotiate 60-90 day trial term—not 6-12 months. (3) Demand clear, fixed compensation rate in writing. (4) Confirm your max out-of-pocket liability if seller refuses to pay. (5) Read the 25 interview questions in Section VII before committing.

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