You are not legally required to use a buyer's agent in California, but in 2026 you must sign a written buyer representation agreement before an agent tours homes with you. For most buyers, dedicated representation is still well worth it on the largest purchase of their lives.
What changed after the NAR settlement
The 2024 National Association of REALTORS settlement changed how buyer representation and compensation work nationwide, including California. Two practical changes matter most to buyers in 2026.
First, before a REALTOR tours homes with you, you must sign a written buyer representation agreement that spells out the services and how the agent is compensated. Second, offers of compensation to a buyer's agent are no longer advertised in the MLS, so commission is negotiated more openly and case by case.
None of this removed buyer agents. It made the terms of representation explicit and put compensation on the table for discussion. That is generally good for buyers who understand the new rules.
What a buyer's agent actually does for you
A buyer's agent represents your interests, not the seller's. The listing agent has a fiduciary duty to the seller. The work includes far more than opening doors.
Pricing and negotiation: running comparable sales so you do not overpay, then negotiating price, credits and terms. Contracts: the California purchase agreement and its disclosures are detailed; an experienced agent protects your contingencies and deadlines. Transaction management: coordinating inspections, appraisal, loan and escrow milestones so nothing slips.
What I tell clients: the value is not the showings, it is the negotiation and the contract. A mistake on a contingency or a deadline can cost far more than any commission.
How buyer agents get paid in 2026
Buyer agent compensation is now negotiated and stated in your representation agreement upfront. There are several common ways it gets covered:
| Scenario | How the buyer agent is paid |
|---|---|
| Seller offers compensation | Seller pays the buyer agent fee, often negotiated into the deal |
| Buyer requests it in the offer | Buyer asks the seller to cover the fee as a contract term |
| Buyer pays directly | Buyer pays the agreed fee if no seller contribution is available |
Can you buy a home without an agent?
Yes. You can contact listing agents directly or buy from a for-sale-by-owner seller. But understand the trade-off: in that scenario, the listing agent owes their duty to the seller, and dual agency has its own limits.
Buying without representation puts the burden of pricing, negotiation, disclosures and deadlines entirely on you. For an experienced investor that may be fine. For most buyers, especially first-time buyers, going unrepresented on a $700,000-plus purchase is a real risk.
How to choose and what to ask
Before you sign a representation agreement, understand what you are agreeing to. Ask how long the agreement lasts, whether it is exclusive, what geographic area and price range it covers, and exactly how compensation works if the seller does not cover it.
A good agent will explain all of this plainly and should be comfortable with a term length you find reasonable. The agreement protects both sides; it should not feel like a trap.
Frequently Asked Questions
Am I required to use a buyer's agent in California?
No, you are not legally required to use one. But as of 2026, if a REALTOR tours homes with you, you must first sign a written buyer representation agreement.
Do I have to pay my buyer's agent out of pocket?
Not necessarily. Many sellers still offer buyer-agent compensation, and you can request it as a term of your offer. If no seller contribution is available, you may pay the agreed fee directly.
What changed after the NAR settlement?
Buyers must sign a written representation agreement before touring homes, and offers of compensation to buyer agents are no longer advertised in the MLS, so commission is negotiated more openly.
What does a buyer's agent do besides showing homes?
They run comparable sales so you do not overpay, negotiate price and terms, protect your contingencies and deadlines in the contract, and manage inspections, appraisal, loan and escrow.
Can the listing agent represent me too?
The listing agent owes a fiduciary duty to the seller. They can sometimes act as a dual agent, but that role has limits. A dedicated buyer's agent represents only your interests.
