Buyer representation changed in a meaningful way recently, and it’s worth understanding before you start touring. This guide explains working with a buyer’s agent in NY under the 2026 rules — what agreements you’ll sign, how your agent gets paid, and why representation matters.

As a Licensed Associate Real Estate Broker based in Queens, I represent buyers across the borough — in English and Polish. Here’s the plain-English version.

1. What a Buyer’s Agent Does

A buyer’s agent works for you, not the seller. That includes finding and previewing listings, advising on price and condition, scheduling tours, guiding your offer and negotiation, coordinating inspections and timelines, and helping steer the deal to closing. In a transaction with real money at stake, having someone on your side matters.

2. New York Agency Basics

At your first substantive meeting, a licensee provides the NYS Disclosure Form for Buyer and Seller, which explains the agency relationships:

• Seller’s agent — represents the seller’s interests.
• Buyer’s agent — represents the buyer’s interests (that’s the role you want when buying).
• Dual agency — one firm represents both sides, with limits and written consent; designated sales agents may be assigned to each party.

3. The 2026 Change: Written Buyer-Agency Agreements

Following the 2024 National Association of Realtors settlement (in effect through 2026), there are two key practice changes buyers will notice:

• A written buyer-agency agreement is signed before touring homes with an agent. It spells out the services and how your agent is compensated.
• Compensation is clearly stated and negotiable — there is no standard or legally set rate.

In short, the relationship and the fee are now put in writing up front, so everyone is on the same page from day one.

4. How Buyer-Agent Compensation Works Now

Here’s the most important shift: buyer-agent compensation is negotiable and is no longer assumed to be paid by the seller. In practice, it may be:

• Offered by the seller or listing side (still possible, but not guaranteed),
• Paid by the buyer, or
• A combination, depending on what’s negotiated in the deal.

Your written agreement sets your agent’s fee; how it’s ultimately covered is part of the negotiation on each home. Ask your agent to walk you through the scenarios for any property.

5. Why Use a Buyer’s Agent

Even with new rules, dedicated representation is valuable — especially for first-time buyers:

Working With a Buyer’s Agent in NY: What to Expect

You’ll review the NYS agency disclosure, sign a written buyer-agency agreement that states your agent’s compensation, then tour, offer, and close with your agent guiding each step. New to buying? Pair this with the first-time home buyer guide for Queens and the Queens closing costs breakdown.

Frequently Asked Questions

Do I have to sign a buyer-agency agreement to tour homes?

Under the 2024 settlement practices in effect for 2026, buyers generally sign a written buyer-agency agreement with an agent before touring. It defines the services and how the agent is compensated, so expectations are clear up front.

Who pays the buyer’s agent now?

It’s negotiable. Compensation may be offered by the seller or listing side, paid by the buyer, or split — it is not set by law and not automatically seller-paid. Your written agreement states your agent’s fee, and how it’s covered is negotiated per deal.

Is buyer-agent commission a fixed percentage?

No. There is no standard or legally required rate. Compensation is agreed between you and your agent in writing and can be structured in different ways.

What is the NYS Disclosure Form for Buyer and Seller?

It’s a New York disclosure that explains agency relationships — seller’s agent, buyer’s agent, and dual agency — so you understand who represents whom. A licensee provides it at your first substantive meeting.

Do I really need a buyer’s agent?

You’re not required to, but a buyer’s agent represents your interests, provides market knowledge, and negotiates on your behalf. For most buyers — especially first-timers — that advocacy is well worth it.

Ready to Work With a Buyer’s Agent in Queens?

I’ll explain the agreements and compensation clearly, then represent your interests from first tour to closing — in English or Polish. Reach out to start your Queens home search whenever you’re ready.

About the Author — Agatha Lubas

Licensed Associate Real Estate Broker · NY License #10301213345 · Keller Williams Realty Liberty

Agatha Lubas helps buyers, sellers, and investors across Queens, Brooklyn, Nassau, and Suffolk Counties, working in both English and Polish. She’s known for clear explanations of the process and honest, buyer-first representation — from first tour through closing day.

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