Own Luxury Homes®
Do I Need a Buyer’s Agent After the NAR Settlement?
Do I need a buyer’s agent after the NAR settlement? At $3M+ the answer is yes: 27.2% of buyers negotiated agent fees recently. 1 in 3 NYC luxury deals above $10M never appear publicly. Going direct to the listing agent creates dual agency, not savings. Own Luxury Homes® 12-Point Agent Integrity Audit™ — verified buyer specialists, no dual agency.
Home — NAR Settlement Hub — NAR Settlement — Do I Need a Buyer’s Agent?
Do I Need a Buyer’s Agent After the NAR Settlement? The Honest Answer for Luxury Buyers
27%
27.2% of buyers negotiated or tried to negotiate their agent’s fee
2.21%
Average buyer’s agent commission on $1M+ luxury homes
1 in 3
NYC luxury deals above $10M never appear publicly — invisible without an agent
$1.49B
Lost by sellers in dual-agency deals 2023–2025 — same risk hits buyers
The NAR settlement made one thing very clear: no one has to use a buyer’s agent. There is no rule requiring it. You can contact the listing agent directly, make an offer yourself, and close without buyer representation. The settlement gave you that choice explicitly. The question is whether it is the right choice for a luxury transaction, and the answer depends almost entirely on understanding what you give up when you skip independent representation.
Own Luxury Homes® — 12-Point Agent Integrity Audit™
Own Luxury Homes® verifies every off-market specialist through our 12-Point Agent Integrity Audit™: zero dual-agency history in off-market transactions, a verified private buyer network independent of their brokerage, documented track record of recommending MLS when data supports it, and full disclosure of all compensation arrangements before engagement. No dual agency. Full seller representation. Assign a specialist now.
What You Actually Give Up Without a Buyer’s Agent
Access to Off-Market Inventory
One in three NYC luxury deals above $10M never appears publicly. In Palm Beach, Aspen, and Greenwich, a meaningful share of trophy inventory trades before any MLS listing is created. That inventory exists entirely in agent networks. A buyer without a buyer’s agent cannot access it, period. No search on Zillow, Redfin, or any public portal surfaces a property the seller has specifically chosen not to list publicly.
Independent Negotiation
When you contact a listing agent directly, that agent represents the seller. Their fiduciary obligation is to get the seller the highest price and best terms. Even if they agree to be a “dual agent” or “neutral facilitator,” they have an existing relationship with the seller, knowledge of the seller’s true bottom line, and a financial incentive to close the deal — not to protect your interests. Zillow’s May 2026 research found sellers in dual-agency deals lost $1.49 billion collectively. Buyers in those same deals face the mirror risk.
Pricing Intelligence
A qualified buyer’s agent in your target market can pull both MLS and off-market comparables, identify properties that have had quiet price reductions, and tell you what a property traded for privately when comparable public data is thin. At $5M+ in Palm Beach or Aspen, off-market comparable sales are the most relevant pricing data available. Without an agent who has that knowledge, you are pricing a $10M purchase from public data alone.
Due Diligence Coordination
A buyer’s agent coordinates inspection, title, survey, environmental review, and all required state disclosures. For luxury properties with complex physical attributes — waterfront, historic designations, staff quarters, multiple structures — this coordination is material. A buyer managing this without representation is managing it without someone whose job is to catch the problems before closing.
When Going Without a Buyer’s Agent Has Logic
There are narrow situations where a sophisticated buyer who is already deeply familiar with a specific market might reasonably transact without separate buyer representation: when they are buying directly from a known seller with no listing agent involved, when the property has been thoroughly evaluated through prior due diligence, and when independent legal counsel is engaged to review all documentation. This is not the situation for most luxury buyers. Most buyers who go “direct” are going direct to the listing agent — which is not the same as transacting without representation. It is transacting with representation that belongs to the other side.
The Post-Settlement Question That Actually Matters
The right question after the settlement is not “do I need a buyer’s agent?” It is “how do I find a buyer’s agent who is worth the fee and genuinely independent?” The settlement made the conversation about agent value explicit and mandatory — you must agree to compensation before the first showing. That agreement is only worth signing when the agent can demonstrate specific, verifiable value before you sign. The 12-Point Agent Integrity Audit™ is designed to produce that demonstration.
| Buyer Situation | Recommendation | Key Risk Without Agent |
|---|---|---|
| Luxury at $3M+ in any US market | Yes — verified buyer’s agent essential | No access to off-market inventory; unequal negotiation |
| $10M+ in Palm Beach, Aspen, Manhattan | Yes — specialist with community relationships essential | 1 in 3+ deals never appear publicly; cannot access without agent network |
| Buying from a known seller with no listing agent | Negotiable — independent attorney required at minimum | No representation on title, disclosures, or due diligence |
| Contacting the listing agent directly | No — this is dual agency, not independent access | Listing agent’s fiduciary obligation is to the seller |
| First-time luxury buyer unfamiliar with target market | Yes — non-negotiable | Pricing errors, due diligence gaps, disclosure misses |
The Post-Settlement Trap: Going Direct to the Listing Agent
The single most common mistake luxury buyers make post-settlement is contacting the listing agent directly, believing the removal of MLS commission advertising means they can cut out the buyer’s agent and save money. What actually happens: the listing agent earns both sides of the commission, the buyer has no independent representation, and a new dual-agency agreement is signed before the offer. This costs buyers money, not saves it. See: The Full Risk Analysis.
Ryan Brown, Principal Broker & CEO — Own Luxury Homes®
“I get this question every week now: “Do I even need an agent? Can’t I just call the listing agent?” You can. The settlement gives you that right. What it doesn’t give you is independent access to the off-market properties that never appear on Zillow, independent negotiation from someone who is legally obligated to protect your interests, or independent pricing intelligence from comparable transactions you have no way to access. The listing agent works for the seller. Full stop.”
Frequently Asked Questions
Can I save money by going directly to the listing agent after the NAR settlement?
In most cases, no. The listing agent earns both commissions in a dual-agency scenario — theirs and yours. You do not receive the unrepresented portion as a savings. You receive reduced representation on a multi-million-dollar transaction.
Is a buyer’s agent still worth the fee after the NAR settlement?
The data says yes: buyer agent commissions have rebounded to near pre-settlement levels because consumers continue to seek representation. At $3M+, access to off-market inventory alone justifies the fee for most buyers. The question is not whether to use an agent. It is how to find one who is verified.
What is the best way to find a luxury buyer’s agent post-settlement?
Ask three specific questions before signing any buyer representation agreement: (1) Name the last three off-market properties you sourced for a buyer client. (2) Have you ever represented both buyer and seller in the same transaction? (3) What is your verified buyer network at my price point and in my target neighborhood? If the answers are vague, find a different agent. See: How to Verify Any Agent Post-Settlement.
Own Luxury Homes® — 12-Point Agent Integrity Audit™. Every buyer specialist verified before any client introduction. Zero dual agency. Find your verified buyer specialist ›
"The introduction Own Luxury Homes® makes is to a specialist with documented closing history in your specific market — not the county, not the metro, the submarket you're actually selling or buying in. That's the standard we verify before your name goes anywhere."
— Ryan Brown, Principal Broker & CEO, Own Luxury Homes® (FL License BK3626873)