3% Buyer’s Agent Commission – Conflict of Interest?
I was recently asked to review a buyer’s agency agreement for a friend looking to engage a real estate agent to buy a new house. Everything looked standard, but I started to think about this agreement in light of my focus on real estate value, consumer satisfaction with their real estate agent and the changing marketplace.
As I did this, I became concerned. My friend was about to agree to pay his advisor (the real estate agent), a 3% commission based on the sale price of the home. But his incentive was to purchase the best house he could for the least expensive price. Isn’t this a conflict? His advisor is incented to increase the sale price of the home, yet my friend is better off with a lower price. Why is the agency agreement structured like this? Shouldn’t the buyer’s agent be 100% aligned with its client?

