Paiva Realty GroupThe Perrino Team

Buyer Education • Know Your Rights

Your Agent Works for You

Understanding buyer representation and what it means for your Rhode Island home purchase.

The Basics

What Is a Buyer Agency Agreement?

A buyer agency agreement is a contract between you and your real estate agent that formally establishes the relationship. It defines what services your agent will provide, the geographic area covered, the term of the agreement, and how your agent will be compensated.

Most importantly, it means your agent is legally obligated to act in your best interest — not the seller's. This is called a fiduciary duty, and it includes honesty, loyalty, confidentiality, and full disclosure of anything that could affect your decision.

Prior to August 2024, buyers often worked with agents informally. Following the NAR settlement, buyer agency agreements are now standard practice across the industry — and they actually protect you more than they benefit us. Having your representation clearly documented means there are no surprises about who your agent is working for.

The Core Principle

Without a buyer agency agreement, no agent is legally required to represent your interests.

When you tour a home using the listing agent, that agent represents the seller — not you. A buyer agency agreement ensures someone is in your corner from the very first showing through closing day.

What You Get

Why Buyer Representation Matters

Without an agreement, an agent legally cannot show you homes or negotiate on your behalf. With one, you get all of this — with compensation that's transparent, negotiable, and typically structured into the purchase price.

Fiduciary Duty

Your agent is legally required to act in your best interest — not the seller's, not the brokerage's. This includes honesty, loyalty, confidentiality, and full disclosure of anything that affects your decision.

Expert Negotiation

Your agent negotiates price, repairs, closing costs, and contingencies on your behalf — with the full picture of comparable sales, market conditions, and the seller's motivations.

Local Market Knowledge

We know Rhode Island's neighborhoods block by block — price trends, school districts, flood zones, planned developments, and which streets to avoid. This context is invaluable when you're making a six-figure decision.

Paperwork Handled

Purchase and sale agreements, addenda, contingency removals, disclosures — your agent prepares, explains, and manages every document, and coordinates with attorneys, lenders, and inspectors on your behalf.

Your Advocate at Every Stage

From the first showing through the final walkthrough, your agent is in your corner — managing inspection negotiations, navigating appraisal gaps, and making sure nothing falls through the cracks on the way to closing.

No Conflicts of Interest

The listing agent works for the seller. Without your own representation, no one is obligated to tell you the home has been sitting for 90 days, that three offers already fell through, or that a new road is planned nearby.

The Part Everyone Asks About

How Does Compensation Work?

This is the question we hear most often, and the answer is simpler than you might expect: your buyer's agent commission can typically be negotiated into the purchase price of the home, which means it gets financed as part of your mortgage — not paid separately out of your pocket at closing.

Here's how the most common scenario works: you and your agent agree on a commission rate upfront and document it in the buyer agency agreement. When you make an offer on a home, the commission can be structured as a seller concession — essentially, you offer slightly more for the home, and the seller uses a portion of that to cover your agent's fee. Net result: it comes out of the transaction, financed over the life of your mortgage.

Sellers can also choose to offer buyer's agent compensation directly — many still do, because it increases their buyer pool. This is negotiated openly in every transaction.

1

Commission Agreed Upfront

You and your agent agree on a rate before you start looking. It's documented in your agreement — no surprises.

2

Negotiated Into the Offer

When you make an offer, the commission can be structured as part of the purchase price — financed with your mortgage.

3

Closed at Settlement

Your agent is paid at closing from the transaction proceeds. You don't write a separate check.

Common Questions

Buyer Representation FAQ

Do I have to pay my agent out of pocket?
Typically, no. Your buyer's agent commission is negotiated as part of the purchase transaction — it can be included in the purchase price and financed with your mortgage, rather than paid separately at closing. The exact structure is always disclosed upfront in the buyer agency agreement.
Can the seller pay my agent's commission?
Yes. Sellers can still offer to cover the buyer's agent commission as a concession — and many do, because it broadens their pool of buyers. This is a point of negotiation in every transaction, and your agent will handle that conversation on your behalf.
What if I find a home on my own — do I still need an agent?
Yes, and here's why: finding the property is only the beginning. Your agent negotiates price and terms, coordinates the inspection, navigates the appraisal, reviews the purchase and sale agreement, manages the closing timeline, and protects your interests at every stage. Finding the home yourself doesn't eliminate any of that work.
Is the commission negotiable?
Always. Commission rates are never set in stone — they're negotiated between you and your agent before you begin working together, and documented in your buyer agency agreement. The agreement also specifies the term, the geographic scope, and exactly what services your agent will provide.
What changed after the NAR settlement in 2024?
Before August 2024, buyer's agent commissions were typically set by the seller via the MLS. The NAR settlement changed this: buyers now formally agree to their agent's compensation upfront, and sellers are no longer required to offer buyer's agent compensation through the MLS. In practice, many sellers still offer it — but it's now a transparent, negotiated part of each transaction rather than a hidden default.
What happens if I decide not to buy?
Buyer agency agreements include a term (a set time period) and typically a geographic scope. If you decide not to purchase within that period, the agreement expires and you owe nothing. We'll always explain exactly what you're agreeing to before you sign anything.

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