"Do I have to pay you?" is one of the first things buyers ask me now, and I'm glad they do. The rules changed in 2024, and a lot of people are still not sure what is true. Here is what a buyer's agent actually does for you in New York, the forms you will see, and how the money works, in plain numbers.
What does a buyer's agent do in New York?
A buyer's agent works for you, and only you. New York's agency disclosure form puts it simply: a buyer's agent is engaged by a buyer "to represent the buyer's interest" and "does not represent the interest of the seller." Under Real Property Law Section 443, your agent owes you six duties: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and a duty to account.
In real life, that looks like this:
- Finding homes that fit your budget and your list, including ones that just hit the market.
- Setting up and going to showings, and pointing out things you might miss, like an old roof or a wet basement.
- Pulling recent sales so your offer is based on facts, not a guess.
- Writing and negotiating your offer, including price, closing date, inspection and seller credits.
- Keeping the deal on track after you are under contract: inspection, appraisal, your attorney, your lender and the closing date.
- Keeping your secrets. If you would pay more, your agent cannot tell the seller.
A seller's agent, by contrast, works for the seller. They can be honest and helpful with you, but their job is to get their client the best deal.
Who pays the buyer's agent in New York now?
Pay for a buyer's agent is not set by law. It is negotiated. Today it usually gets paid in one of three ways, or a mix of them:
| How the buyer's agent gets paid | What it means for you |
|---|---|
| The seller agrees to pay it (through the listing broker) | You owe nothing extra, as long as the seller's amount covers what your agreement says. |
| You ask for it in your offer as a seller concession | The seller agrees to pay some or all of your agent's fee as part of the deal. It is negotiated like price or repairs. |
| You pay it yourself at closing | You bring the money to closing. With most loans, this comes out of your cash, not the loan. |
Whatever happens, your agent cannot be paid more than the amount in your written agreement. That is one of the 2024 rules, and it protects you. It also means the seller paying is never automatic. It has to be offered or negotiated, home by home.
Want to see the seller's side of this? Our post on what it costs to sell a house in the Capital Region walks through it.
What changed for buyers in 2024?
In 2024 the National Association of REALTORS® (NAR) settled lawsuits over agent commissions. NAR agreed to pay $418 million and to change some rules, starting August 17, 2024. Two changes matter most to buyers:
- A written agreement before touring. If your agent is part of an MLS, you must sign a written agreement with them before you tour a home together. The pay in it has to be a clear amount or rate, not open-ended, and your agent cannot collect more than it says.
- No pay offers on the MLS. Listings on the MLS can no longer show what the seller will pay a buyer's agent. Sellers can still offer it, just not on the MLS. Sellers can still offer help with your closing costs, but not tied to using or paying a buyer's agent.
New York lawmakers have also looked at this. A 2025 bill, A08910, would have written buyer agreement rules into state law. It never passed, and a bill tracker lists it as dead as of June 5, 2026. So for now, the written agreement comes from the NAR and MLS rules, while New York law covers the disclosure forms below.
What forms will you sign with a buyer's agent in New York?
Expect three pieces of paper early on. None of them should surprise you:
- The New York State Disclosure Form for Buyer and Seller (agency disclosure, form DOS-1736). New York law says a buyer's agent must give it to you before you agree to work together. It explains seller's agents, buyer's agents, dual agency and designated agents. In big letters it says "This is not a contract." Signing it only confirms you got it.
- The New York State Housing and Anti-Discrimination Disclosure Form (DOS-2156). Agents have had to give it at the first real conversation since June 20, 2020. It lists your rights under fair housing laws.
- Your written buyer agreement. This is the one that sets what your agent does and how they get paid. Read it like any contract.
A Capital Region detail: Here, unlike in some other parts of the country, your agent usually writes up your purchase offer, and it is then reviewed by the buyer's and seller's attorneys. The New York State Bar Association puts it this way: upstate, a real estate agent often prepares the offer or contract, "subject to the approval of the parties' attorneys." So you will have both an agent and a real estate attorney on your side. Your agent handles the house and the negotiation. Your attorney handles the contract terms, title and closing.
Source: NYSBA, "The Attorney's Role in Home Purchase Transactions", July 30, 2021.
What should you ask before you sign a buyer agreement?
A good agent will happily walk you through every line. Before you sign, ask:
- How long does it last? Some agreements cover one showing. Others run for months. Ask if there is a period after it ends when the agent could still be paid.
- What is the fee, and how is it figured? A flat dollar amount, a percent of the price, or a mix.
- What if the seller offers less, or nothing? Know who covers the gap before you fall in love with a house.
- Which homes does it cover? All homes in an area, or only certain ones, such as new construction from one builder.
- Can I end it early? And what happens if I do?
- Will you show me your own team's listings? If so, ask how dual agency or designated agents would work, and remember that needs your written consent.
For the full buying process, from pre-approval to keys, see our Buyer's Guide.
What does this look like on a real Capital Region purchase?
Here is a simple example. The numbers are made up to show the math, not a typical fee. Say you sign an agreement that sets your agent's pay at 3%, and you buy a $350,000 home in Colonie.
| Scenario | Seller pays | You pay at closing |
|---|---|---|
| Seller agrees to cover the full 3% | $10,500 | $0 |
| Seller agrees to 2% | $7,000 | $3,500 |
| Seller pays nothing toward it | $0 | $10,500 |
Example math by The Capital Region Team. The 3% rate and $350,000 price are examples only. Agent pay is set by your agreement and is negotiable.
Your loan matters too. Lenders have rules about what a seller can pay toward your costs, so talk to your lender before you write the offer. VA buyers have a special rule: VA Circular 26-24-14, effective August 10, 2024, lets veterans pay "reasonable and customary" buyer-broker charges in some cases, but those charges cannot be added to the loan amount. The circular stays in effect until VA rescinds it, so confirm the current rule with your VA lender.
Searching in Albany County, Saratoga County or elsewhere in our Capital Region counties? Ask about the fee on each home before you write an offer, so there are no surprises.
Frequently asked questions
Who pays the buyer's agent in New York?
It is negotiated. The seller may agree to pay some or all of it, you can ask for it in your offer as a seller concession, or you can pay it yourself at closing. Your written buyer agreement sets the amount, and your agent cannot be paid more than that.
Do I have to sign a buyer agreement to see a house in New York?
If you tour a home with an agent who belongs to an MLS, yes. Since August 17, 2024, NAR rules require a written agreement before touring. It can be a non-exclusive agreement on a per home basis, or an exclusive agreement for a longer period of time (recommended).
Is buyer's agent commission negotiable in NY?
Yes. Real estate commissions are not set by law in New York. You and your agent agree on the amount or rate in writing, and the seller's share, if any, is negotiated as part of each deal.
Do I still need a real estate attorney if I have a buyer's agent?
In the Capital Region, yes. Your agent usually prepares the offer, and it is then reviewed by the buyer's and seller's attorneys. Your attorney handles the contract terms, the title and the closing, while your agent handles the home search and the negotiation.
Alex Cooley, top-producing REALTOR®, Licensed Real Estate Salesperson and founder of The Capital Region Team at Compass.
Licensed since 2015, with 300+ real estate transactions and $100M+ in career sales volume. Named a Top 50 REALTOR® by Capital Region Real Producers in 2025, with 180+ five-star reviews across Google and Zillow. New construction and VA specialist.
Last updated November 11, 2026. This post is general information, not legal, tax or financial advice.
Sources (checked November 10, 2026): National Association of REALTORS, Settlement FAQ (written agreements before touring, compensation off the MLS, $418 million, August 17, 2024); NY Real Property Law Section 443 (agency disclosure and a buyer's agent's duties); New York State Disclosure Form for Buyer and Seller, DOS-1736; NYS Housing and Anti-Discrimination Disclosure Form, DOS-2156; LeadingAge New York (June 20, 2020 start date); Lieb at Law, on bill A08910, July 2025; BillTrack50, NY A08910 status; New York State Bar Association; VA Circular 26-24-14.