Is this clause in the Texas Buyer agreement normal?

Hey guys, it’s been a long time since I bought a house, and I’m starting the process again. The agent I’ve been talking to in Texas sent me a Texas Buyer agreement form. In it, it states that if I refuse or fail to pay the broker the specified amount (3%), I will have to pay that amount minus any amount the broker receives from the seller. Is this a normal clause? I honestly don’t remember being responsible for the agent’s commission if the seller or their agent refuses to pay before. Should I consider looking for other agents?

Yeah, this is actually standard language these days. There was a lawsuit last year that changed how realtor fees are handled. Now, it’s on the buyer to negotiate compensation with their agent. So, if the seller doesn’t cover the fees, you might have to pay the difference.

If your agent didn’t explain this to you, I would definitely think about finding a different agent. A good agent should clarify these new terms for you.

For sure, you should compare fees and services. Don’t settle for the first agent you talk to. Ask them how they handle the buyer agent commission when making offers. If their response is just to skip homes that aren’t offering, that’s a red flag.

I totally agree. If they didn’t explain how to negotiate with the seller to cover that fee when submitting your offer, I would definitely find someone else.

This is the new normal now. I’ve also been looking to buy a home, and most listings are covering buyer agent compensation. Just make sure to read everything carefully.

You can negotiate that percentage, or only put in offers on homes that are offering to cover the buyer’s fee. You can even ask the seller to cover the buyer’s fee in your offer.