Do I still need a buyer's agent to buy a home in Portland in 2026?

Yes. The 2024 NAR settlement changed how buyer's agents get paid, not what they do. You still want someone representing you in pricing, negotiating, managing contingencies, and handling Oregon's disclosure paperwork — especially in a low-inventory market like Portland. Buying without one means the listing agent is the only licensed professional in the transaction, and the listing agent legally represents the seller, not you.

What exactly changed with the 2024 NAR settlement?

Before 2024, the seller's listing agent typically advertised a commission split on the MLS, and the seller effectively paid the buyer's agent automatically. After the settlement, those offers of buyer-agent compensation can no longer be displayed on the MLS. Compensation to your buyer's agent is now negotiated directly between you and the agent, written into a representation agreement, and signed before you tour homes. The seller may still choose to pay — it just isn't automatic.

Who actually pays my buyer's agent now?

The buyer-agent fee is negotiated per deal. In the Portland market, plenty of sellers still offer to cover the fee because it attracts more buyers to the listing — but it's no longer automatic. Your buyer's agent will work with you to understand what you're obligated to pay under your representation agreement, and your offer strategy will typically include asking the seller to cover the buyer-agent compensation as part of the purchase terms.

What is a buyer representation agreement and when do I sign it?

A buyer representation agreement is a written contract between you and your real estate agent (and their brokerage) that specifies the agent's duties to you, how they're compensated, how long the agreement runs, what geography and property types it covers, and your rights to terminate. Under NAR's post-settlement rules, you sign this before touring homes with the agent. The agreement is negotiable — scope, duration, and compensation terms are all discussable.

Can I buy a home in Portland without a buyer's agent?

You can, but it's risky for most buyers. You'd be handling pricing against real comps, writing the offer, negotiating repairs, managing financing and inspection contingency windows, and processing Oregon's disclosure paperwork yourself — all while across the table from the listing agent, whose fiduciary duty is to the seller, not to you. This is especially risky for first-time buyers and for anyone unfamiliar with Portland's micro-markets. If you still want to go without, work with a real estate attorney and understand what you're taking on.

What should I ask a buyer's agent before signing a representation agreement?

Six questions: (1) How many homes have you closed in the past 24 months, and how many in my price band and target neighborhoods? (2) What is your fee, how is it earned, and when is it payable? (3) What are the terms for cancelling the agreement? (4) Who else on your team handles my transaction day to day? (5) Can I speak to two recent clients? (6) Which lenders, inspectors, and other service providers do you refer, and what are the relationships? Strong answers in writing are the baseline.

Does the NAR settlement apply to Portland and Oregon?

Yes. The settlement applies to NAR-affiliated MLSs nationwide, and the Portland-area RMLS enforces the resulting rule changes. Oregon's own agency framework — through the Oregon Real Estate Agency — layers additional disclosure requirements on top of the national NAR rules. The combination is why you now see a written agency disclosure and a buyer representation agreement at the start of your Portland home search rather than closer to writing an offer.

Portland Buyer Guide

Do I still need a buyer's agent to buy a home in 2026?

Yes — Portland buyers still need a buyer’s agent in 2026. The 2024 National Association of Realtors settlement changed how buyer’s agents are paid, not what they do. Before 2024, the seller’s agent typically advertised a commission split on the MLS and the seller effectively paid your buyer’s agent automatically. After the settlement, those MLS-advertised offers are gone. Compensation is now negotiated between you and your buyer’s agent, written into a representation agreement, and signed before you tour homes. The seller may still choose to cover the fee — and many Portland sellers do — but it’s negotiated per deal rather than automatic. The actual work of a buyer’s agent — pricing against real comps, writing and negotiating your offer, managing contingencies through closing — didn’t change. Anna Malin of Own It Northwest walks through what’s different and what it means for Portland buyers in the video below.

Video Walkthrough

Watch: Anna on buyer’s agents after the 2024 NAR settlement

Read video transcript

Do I still need a buyer's agent to buy a home in 2026? The answer is yes. You still need a buyer's agent to buy a home in 2026. But with the 2024 NAR settlement, that has changed how we get paid.

Before 2024, the seller's agent would advertise a split and effectively paid your buyer's agent automatically. Now, that's gone. The seller no longer automatically pays your agent. Compensation is negotiated and disclosed upfront, and you sign a representation agreement before you even start touring homes. I'm Anna Malin with Own It Northwest. Here's what's changed and what it means for you.

You and your agent agree on compensation directly and in writing before you go tour homes. Plenty of Portland sellers still offer to cover the buyer-agent fee to attract buyers — it's just not automatic anymore. It's negotiable on every deal. So talk compensation with your agent early and build it into your offer strategy.

And the work didn't change. Pricing homes against real comps, writing and negotiating your offer, managing your contingencies through closing — all while doing it in a low-inventory market like Portland — that's real value.

I want to be clear: you can buy without a buyer's agent, but then you're doing everything on your own. You're handling pricing, negotiation, Oregon disclosure paperwork, and you're doing it all with a listing agent who is just representing the seller. No one is representing you in your best interest. This is risky for most buyers, but especially for first-time home buyers.

Bottom line: you still want a buyer's agent in 2026. Just know how they're paid and agree to it upfront. Reach out if you want to talk about your purchase. I'm Anna Malin with Own It Northwest.

Before vs. after the 2024 NAR settlement

Five things changed with how Portland buyer’s agents operate under the new rules. The agent’s actual work didn’t change — the paperwork and compensation structure did.

What’s involved	Before 2024	After the 2024 settlement
How compensation is set	Seller's agent advertised a split on the MLS; buyer-side comp was automatic	Compensation is negotiated between buyer and buyer's agent and written into a representation agreement before showings
Who pays the buyer's agent	Seller effectively paid via the MLS-advertised split	No automatic seller payment. Seller may still choose to pay — negotiated per deal, not displayed on the MLS
When the agreement is signed	Buyer representation often signed late or not at all	Written representation agreement required before touring homes with the agent
What's on the MLS	Offers of buyer-agent compensation displayed publicly	Buyer-agent compensation offers can no longer be displayed on the MLS
What the work includes	Pricing, offer writing, negotiation, contingency management, closing coordination	Same work — pricing against real comps, offer writing, negotiation, contingency management, closing. Low Portland inventory makes it harder, not easier

What did the 2024 NAR settlement actually change?

The 2024 settlement in the Sitzer/Burnett case ended a long-standing practice in which seller’s listing agents advertised a commission split on the MLS — effectively a pre-negotiated offer to pay the buyer’s agent out of the sale proceeds. Those offers can no longer be displayed on the MLS. Buyer-agent compensation is still legal, but it has to be negotiated directly between the buyer and the buyer’s agent and written into a representation agreement.

The change doesn’t ban seller contributions. Many Portland sellers still agree to cover some or all of the buyer-agent fee as part of the purchase terms — it’s often an attractive-the-buyers decision for the seller — but that contribution is negotiated per deal and documented in the purchase agreement, not pre-advertised on the MLS.

What does a buyer representation agreement actually include?

The agreement is a written contract between the buyer and the brokerage. It typically specifies:

Scope — geography (which Portland metro areas), property types (single-family, condo, etc.), and price range.
Duration — a specific window, often 30 to 180 days, and the renewal/cancellation terms.
Compensation — the fee the buyer owes if the agent produces a successful purchase, including how a seller contribution reduces the buyer’s obligation.
Agent duties — the services the agent will provide (showings, pricing analysis, offer writing, negotiation, contingency management, closing coordination).
Agency disclosures — the standard Oregon agency disclosures required by the Oregon Real Estate Agency.

All of these are negotiable. If an agent presents a long exclusive agreement at the first meeting with vague fee terms, that’s a signal to slow down. A trusted buyer’s agent will walk you through each term before you sign and explain how it protects both parties.

How does the compensation conversation actually work in Portland?

In practice, Portland buyer-agent compensation conversations run in three steps:

Set the obligation — before touring homes, the buyer and agent agree in writing on the compensation the buyer owes the agent for a successful purchase. This number applies regardless of whether the seller contributes.
Ask the seller to contribute — when writing an offer, the buyer typically requests that the seller cover some or all of that compensation. Many Portland sellers in 2026 still agree, because it makes their listing more attractive. Some don’t.
Reconcile at closing — the seller’s contribution is credited against the buyer’s obligation. If the seller covers the full amount, the buyer owes nothing additional at closing. If the seller covers less, the buyer pays the difference.

The number itself is negotiable at step one. See our Oregon commission rates guide for the full context on what’s customary and what’s legitimately open for discussion.

What are the risks of buying without a buyer’s agent?

You can buy a home in Portland without a buyer’s agent. But doing it well requires taking on the following yourself:

Pricing against real comps. Not Zillow Zestimates — actual recent sales analyzed by neighborhood, era, condition, and specific block characteristics. Mispricing an offer costs real money.
Writing the offer. Oregon-standard contracts include contingencies, deadlines, earnest money handling, and inspection terms. Mistakes in these clauses can either lose you the deal or expose you to breach.
Negotiating repairs and credits. After inspection, you negotiate with the seller directly through the listing agent — whose legal duty is to the seller, not to you.
Managing contingency windows. Each contingency has a deadline. Missing one is one of the most common ways buyers lose earnest money.
Handling Oregon disclosure paperwork. Oregon-standard disclosures, title review, and closing paperwork all run through your side of the transaction.

The listing agent is a licensed professional representing the seller. There’s nothing hostile about that — it’s simply their legal role. Without a buyer’s agent on your side of the table, no one is representing your interests. This is especially risky for first-time buyers and for anyone unfamiliar with Portland’s micro-markets.

Common questions about buyer’s agents in 2026

Do I still need a buyer's agent to buy a home in Portland in 2026?: Yes. The 2024 NAR settlement changed how buyer's agents get paid, not what they do. You still want someone representing you in pricing, negotiating, managing contingencies, and handling Oregon's disclosure paperwork — especially in a low-inventory market like Portland. Buying without one means the listing agent is the only licensed professional in the transaction, and the listing agent legally represents the seller, not you.
What exactly changed with the 2024 NAR settlement?: Before 2024, the seller's listing agent typically advertised a commission split on the MLS, and the seller effectively paid the buyer's agent automatically. After the settlement, those offers of buyer-agent compensation can no longer be displayed on the MLS. Compensation to your buyer's agent is now negotiated directly between you and the agent, written into a representation agreement, and signed before you tour homes. The seller may still choose to pay — it just isn't automatic.
Who actually pays my buyer's agent now?: The buyer-agent fee is negotiated per deal. In the Portland market, plenty of sellers still offer to cover the fee because it attracts more buyers to the listing — but it's no longer automatic. Your buyer's agent will work with you to understand what you're obligated to pay under your representation agreement, and your offer strategy will typically include asking the seller to cover the buyer-agent compensation as part of the purchase terms.
What is a buyer representation agreement and when do I sign it?: A buyer representation agreement is a written contract between you and your real estate agent (and their brokerage) that specifies the agent's duties to you, how they're compensated, how long the agreement runs, what geography and property types it covers, and your rights to terminate. Under NAR's post-settlement rules, you sign this before touring homes with the agent. The agreement is negotiable — scope, duration, and compensation terms are all discussable.
Can I buy a home in Portland without a buyer's agent?: You can, but it's risky for most buyers. You'd be handling pricing against real comps, writing the offer, negotiating repairs, managing financing and inspection contingency windows, and processing Oregon's disclosure paperwork yourself — all while across the table from the listing agent, whose fiduciary duty is to the seller, not to you. This is especially risky for first-time buyers and for anyone unfamiliar with Portland's micro-markets. If you still want to go without, work with a real estate attorney and understand what you're taking on.
What should I ask a buyer's agent before signing a representation agreement?: Six questions: (1) How many homes have you closed in the past 24 months, and how many in my price band and target neighborhoods? (2) What is your fee, how is it earned, and when is it payable? (3) What are the terms for cancelling the agreement? (4) Who else on your team handles my transaction day to day? (5) Can I speak to two recent clients? (6) Which lenders, inspectors, and other service providers do you refer, and what are the relationships? Strong answers in writing are the baseline.
Does the NAR settlement apply to Portland and Oregon?: Yes. The settlement applies to NAR-affiliated MLSs nationwide, and the Portland-area RMLS enforces the resulting rule changes. Oregon's own agency framework — through the Oregon Real Estate Agency — layers additional disclosure requirements on top of the national NAR rules. The combination is why you now see a written agency disclosure and a buyer representation agreement at the start of your Portland home search rather than closer to writing an offer.

Related Portland buyer guides

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Real estate commission rates in Oregon

What's negotiable, what services should be included, and how the post-settlement fee conversation actually works.

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Earnest money in Portland

What it is, when you keep it, when you lose it — and the wire-fraud warning every buyer should hear.

Thinking about buying in the Portland metro?

Bring Own It Northwest your target neighborhoods, timeline, and financing status. We’ll walk you through the representation agreement, how compensation actually works in 2026, and what to expect through the whole Portland buying process — all in writing, no pressure.

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