Legally, you do not have to hire a buyer’s agent in Massachusetts — but since August 2024, any buyer who wants an agent to show homes must sign a written agreement first, and the agent’s compensation must be spelled out in it. For most buyers in a competitive market like Wellesley, working with an experienced agent is still the safer path, because the agent handles offer strategy, negotiation, and the details that can cost real money if missed. This guide explains what changed, what the agreement should say, who pays, and what to ask before you sign.
What Changed in August 2024
Under the National Association of Realtors settlement, buyer-agent compensation can no longer be displayed on the MLS, and buyers and their agents must have a written agreement in place before touring a home together. Sellers are no longer obligated to pay the buyer’s agent, though they may still choose to offer compensation privately, and that choice is spelled out in the listing agreement. The result is that compensation is now a conversation between you and your agent from the very beginning, rather than something assumed to be handled behind the scenes. For the full background, read our overview of how the NAR settlement impacts you.
What a Buyer Agency Agreement Should Include
Read every agreement carefully before signing. A well-drafted buyer agreement should clearly state:
The compensation: the amount or rate your agent will receive, and how it is paid. Under the NAR practice changes, an agent cannot accept more than the agreement allows, and the agreement must state that commissions are not set by law and are fully negotiable.
The term: how long the agreement lasts, whether it is exclusive, and how it can be ended early.
The scope: the geographic area and property types it covers.
What happens if you buy off-market or from a for-sale-by-owner seller: whether compensation still applies and how.
The services included: what your agent will do for you, from touring and offer strategy to inspection and closing coordination.
Any tail period: whether the agent is owed compensation if you buy a home you saw during the term after the agreement ends.
Who Pays Your Buyer’s Agent Now?
There are three common outcomes. First, the seller offers compensation to the buyer’s agent in the listing agreement, and it covers some or all of what you agreed to pay. Second, you negotiate for the seller to cover your agent’s fee as part of your offer, alongside price and other terms. Third, you pay any difference directly at closing. The right approach depends on the property, the competition, and your finances, and it should be discussed with your agent before you make an offer, not after. Your lender may also have rules about how these costs can be paid, so talk to your loan officer early.
What a Buyer’s Agent Actually Does in Wellesley
In a market where a typical single-family home is priced around $2.1 million (MLSPIN, 2025), an agent’s work goes well beyond opening doors. Your agent should:
Show you comparable sales and explain whether a list price is realistic.
Build an offer strategy that fits the competition — price, contingencies, deposit, timing, and any escalation terms.
Give you access to off-market and pre-market opportunities through professional relationships.
Coordinate inspections, negotiate repair requests, and help you decide what is worth pushing on.
Review the purchase and sale agreement with your attorney and keep deadlines on track.
Connect you with vetted lenders, attorneys, inspectors, and contractors.
For a deeper look at how this works in practice, see our guide to buying a home in Wellesley and our buyer FAQ.
Can You Buy Without an Agent?
Yes. Some buyers choose to work directly with the listing agent or to represent themselves. The trade-off is that you give up independent advice and negotiation support. A listing agent works for the seller, and Massachusetts requires agents to disclose their relationship with you in writing. If one agent represents both sides, that arrangement requires informed consent and changes what the agent can do for each party. If you go unrepresented, plan on hiring a real estate attorney early and on doing your own comparable-sales research.
Questions to Ask Before You Sign
What exactly is your compensation, and how is it calculated?
How long is the agreement, and how can I cancel if we are not a good fit?
What happens if the seller offers less than your fee — or nothing?
Who on your team will attend showings and write my offers?
How many buyers like me have you helped purchase in this town recently?
What will you do to help me win a home when there are several offers?
How We Work With Buyers
Before we tour homes together, we review the buyer agreement with you in plain English so you know exactly what you are signing and why each term is there. From there, our team brings pricing analysis, offer strategy, off-market intelligence, and a vetted network of local professionals to every purchase. Steve Connolly, a CPA, helps buyers pressure-test the numbers behind an offer, and all three team members stay involved through closing. Read more about our team.
Frequently Asked Questions
Do I have to use a buyer’s agent in Massachusetts?
No. But if you want an agent to show you homes, you must sign a written agreement with that agent first, and it must state the agent’s compensation.
Who pays the buyer’s agent in Massachusetts?
It depends on your agreement and the listing. The seller may offer compensation to the buyer’s agent, you may negotiate for the seller to cover it in your offer, and you pay any remaining amount yourself. Agree on this with your agent before you make an offer.
Can I cancel a buyer agency agreement?
That depends on the terms you signed. Ask about cancellation, the term length, and any tail period before you sign, and negotiate them upfront if they do not work for you.
Are buyer’s agent commissions negotiable?
Yes. They are not set by law and are fully negotiable between you and your agent.
Is it a good idea to use the listing agent as my agent?
It can limit the advice you receive because the listing agent’s primary duty is to the seller. If one agent represents both sides, Massachusetts requires informed consent. Many buyers prefer independent representation.
Thinking about buying in Wellesley or a nearby town? Schedule a free consultation or call (617) 410-5727 to walk through the agreement and your search.
