Short answer: you don't legally need one, but going without one usually means the only real estate professional in the room is working for the other side. And as of 2026, using a buyer's agent now comes with paperwork it didn't used to — a written agreement you have to sign before they'll even show you a house.
Let's get into what actually changed, what "using the seller's agent" really means, and who can reasonably skip a buyer's agent versus who's playing with fire.
What changed in 2024 (and is still shaking out in 2026)
For most of modern homebuying, buyer's agents were functionally "free" — the seller paid their commission, it was baked into the sale price, and it was often posted right in the MLS listing so any agent could see what they'd earn for bringing a buyer. That system effectively ended after the National Association of Realtors' 2024 antitrust settlement, which took effect August 17, 2024. Two things changed that still apply today:
- MLS listings can no longer advertise buyer-agent compensation. Sellers and listing agents are prohibited from posting an offer of commission to buyer's agents anywhere in the MLS (Florida Realtors' settlement FAQ lays this out clearly, and it's consistent nationwide since it's an MLS policy change, not a state law).
- You have to sign a written buyer-broker agreement before an agent will tour homes with you. Not before you make an offer — before you walk through a house together. Attending an open house on your own doesn't trigger this, but the moment an agent starts working for you (pulling listings, scheduling showings), the agreement has to exist first.
Here's the part worth knowing before you assume "no commission on the listing" means "buyer's agents got cheaper": it mostly hasn't played out that way. A year-plus in, buyer-agent commissions have barely moved — Redfin data cited by industry trackers shows the national average actually ticked up slightly, from roughly 2.38% to 2.43%, and sellers are still the ones typically covering it in most markets because homes that don't offer buyer-agent compensation are less attractive to agents steering their clients. The real change isn't the price — it's that nothing is automatic anymore. Compensation now gets negotiated deal by deal, spelled out in writing, instead of assumed. (As of publication in 2026 — confirm current norms in your specific market, since local practice varies more than it used to.)
What "using the seller's agent" actually means
When people say "can't I just deal with the listing agent directly," they're usually describing one of two setups:
- Dual agency: one agent (or brokerage) represents both you and the seller in the same transaction.
- Unrepresented / working with the listing agent as a "customer," not a client: the seller's agent shows you the house and helps with paperwork, but only the seller is their actual client — you get "facilitator" treatment, not representation.
Either way, the core fact doesn't change: that agent's fiduciary duty — the legal obligation to act in someone's best interest — is to the seller. They may be perfectly friendly, answer your questions, and seem helpful. That doesn't change who they're required to fight for when it counts: at the negotiating table, when a home inspection turns up problems, or when the seller wants to keep information quiet that would help your position.
Dual agency specifically is treated very differently depending on where you live — some states allow it with disclosure, some restrict it heavily, and a handful ban it outright. That state-by-state detail is too granular to fully map here, and it's worth a quick check with your state's real estate commission or a local attorney before you agree to it.
The actual tradeoff
What you might save: In theory, going unrepresented removes one commission from the deal, and some sellers may factor that into their willingness to negotiate price — though there's no guarantee that savings gets passed to you rather than absorbed by the seller or their agent.
What you lose:
- An advocate who's only working for you. Nobody pushing back on the seller's price, timeline, or contingency requests on your behalf.
- Negotiation leverage. Real estate contracts, inspection responses, and repair negotiations are not intuitive if you haven't done this before. The seller's agent has done dozens of these; you likely haven't done any.
- A second set of eyes on inspection issues. An experienced buyer's agent has seen enough inspection reports to tell you which red flags are deal-breakers and which are normal old-house stuff. Without one, that judgment call is yours, cold.
- Paperwork expertise. Purchase agreements, disclosures, contingency deadlines, and addenda are full of terms that matter and are easy to miss if this isn't your day job.
Who can reasonably skip a buyer's agent
Honestly: not many people, but it's not zero.
Might be fine without one: an experienced repeat buyer or investor who has done several transactions, is comfortable reading and redlining a purchase contract, knows what a home inspection should find versus what's a real problem, and is confident negotiating price and repairs directly. If that's you, going unrepresented (or negotiating a reduced flat fee instead of a percentage) can be a reasonable, deliberate choice — not a corner-cut.
Really shouldn't skip one: most first-time buyers, full stop. This isn't a knock on anyone's intelligence — it's that the first time you encounter a purchase contract, an inspection report, and a negotiation all in the same 30-day window is a bad time to be doing it without someone in your corner who's seen it before. The stakes are too high — this is very likely the largest purchase you've made — to learn contract law and negotiation tactics in real time against someone who does this for a living, on the other side, whose job is not to protect you.
If cost is the concern, the fix isn't going unrepresented — it's negotiating your buyer's agent's fee directly, now that you can. Consumer advocates suggest treating that commission like any other negotiable service fee rather than accepting a default percentage, with some groups pointing to 2% or less as a reasonable target to push for. You can also ask about touring agreements that don't lock you into a financial commitment before you've decided the agent — and the house — are the right fit.
The bottom line
You can legally buy a house without your own agent. Whether you should depends less on saving a percentage point and more on whether you're prepared to be your own advocate, your own contract reviewer, and your own negotiator — while the other side has all three. For most people buying their first home, that's not a great trade for a savings that isn't even guaranteed to materialize.