21 Sep 2026 7 min read buyer's agent

Do Salem-Keizer Buyers Still Have to Pay a Buyer's Agent?

Salem-Keizer buyers don't automatically pay their agent's commission out of pocket. Oregon requires a written buyer representation agreement before touring homes, but most transactions still involve the seller covering some or all of buyer-agent compensation. Here's how the new rules actually work.

TL;DR

In Salem and Keizer, Oregon, you don't automatically pay your buyer's agent out of pocket. Oregon law (HB 4058) requires a written buyer representation agreement before touring homes, but sellers still negotiate to cover buyer-agent compensation in most transactions, rather than it being advertised on the MLS. The agreement must specify the exact compensation amount, your termination rights, and the agent's legal obligations before you tour anything.

Written agreement required before showings, but not for open houses or general questions
Compensation amount must be specific and in writing, typically 2-3% though not guaranteed
Sellers negotiate buyer-agent pay directly in the purchase contract instead of posting it on MLS
Your agreement includes termination rights; you're not locked in indefinitely
Agreement must list agent's license number, broker contact info, and specific term dates

Do Salem and Keizer buyers still have to pay their agent's commission out of pocket? Not automatically. Oregon does now require you to sign a written buyer representation agreement before an agent tours homes with you, but that paperwork doesn't mean you're writing a check at closing. In most Salem-Keizer transactions I'm working right now, the seller still ends up covering some or all of the buyer's agent compensation, it's just negotiated directly instead of advertised on the MLS the way it used to be.

If you've read a few national articles about the 2024 NAR settlement and come away confused about how this actually plays out here, that's fair. Oregon passed its own law, HB 4058, that goes further than the national settlement in a few important ways, and almost none of the generic explainers mention it. Let's walk through what's actually required, what you'll be asked to sign, and how I structure this conversation with buyers before we ever step foot in a house.

What Oregon's HB 4058 Actually Requires

The national settlement that took effect August 17, 2024, required a written buyer-broker agreement before an MLS-participant agent could tour a home with a buyer, in person or virtually. Oregon then passed its own rule on top of that. HB 4058 requires any broker representing a buyer in a transaction involving one to four residential units to enter into a written representation agreement before representing them, with most of the rules effective January 1, 2025.

Where Oregon goes beyond the bare minimum: the agreement has to spell out specific details the national settlement doesn't require everywhere. According to the Oregon Real Estate Agency's own FAQ, the written agreement must include:

The buyer's agent's legal obligations under ORS 696.810
The licensee's license number
The supervising principal broker's contact information
A clear term, with effective and expiration dates
Termination rights for both the buyer and the brokerage

That last point matters more than people expect. It means you're not locked into an agent indefinitely just because you signed something. If the relationship isn't working, there's a documented way out, and I'd rather you know that up front than find out later.

What You'll Be Asked to Sign Before Touring a Home

Close-up of real estate contract and pen on clipboard

One thing that gets lost in the national coverage: not every interaction with an agent triggers this requirement. Visiting an open house on your own, or simply asking an agent a question about how they work, does not require a signed agreement. Oregon's guidance is specific on this: it's touring a home with an agent, representing that they're working on your behalf, that triggers the paperwork.

So practically speaking, here's what that looks like. Before I schedule showings for a buyer, we sit down (usually over coffee, no pressure) and go through the agreement line by line: what compensation number or rate is written in, how long the agreement runs, what happens if you decide to work with someone else, and what my obligations to you actually are under Oregon law. You're not signing something vague that references "customary commission." The number has to be specific, in writing, before we tour anything.

If you're still figuring out what qualities actually matter when you're choosing who to work with in the first place, I'd point you to what to look for in a buyer's agent before you sign anything with anyone.

Can the Seller Still Pay My Agent's Commission?

Yes, and honestly, this is the part that gets misunderstood the most. Sellers are no longer required to offer buyer-agent compensation through the MLS. But if a seller agrees to cover it, that has to be negotiated directly and written into the purchase contract as a concession, rather than posted as a set number for every agent to see. A range of 2 to 3 percent remains common in practice, though I wouldn't treat that as a guarantee for any specific property, it depends on the price point, the seller's motivation, and what else is being negotiated.

Most sellers in the current market still choose to offer some form of buyer-agent compensation, because it keeps their pool of interested buyers as wide as possible. Plenty of buyers simply can't stack an extra agent fee on top of a down payment and closing costs, and sellers who understand that tend to build it in to stay competitive for showings and offers.

This is worth repeating for anyone worried they've suddenly been priced out of hiring representation: hiring an agent isn't the expensive part of buying a home. The expensive part is trying to negotiate an inspection, a low appraisal, or a boundary question on your own and missing something that costs you far more later.

How to Negotiate the Fee Without Feeling Blindsided

The way to avoid a surprise line item at closing is to have this conversation early, not during your fourth showing when you've already fallen for a house. A few things I'd encourage every buyer to ask before signing anything:

What specific dollar amount or percentage is written into my agreement, and does it change based on the property I end up buying?
If the seller isn't offering compensation on this particular listing, can we ask for it as a closing-cost concession as part of our offer?
What happens if the seller's offered amount is less than what's in my agreement? Am I responsible for the difference?
What are my termination rights if I want to work with someone else?

None of these are awkward questions. Any agent doing this the right way should be able to answer them clearly before you tour a single home, not after.

What This Looks Like When You Meet With Us

I start every buyer relationship with lifestyle questions before we ever talk price point: what you want your daily routine to look like, what commute you can live with, what matters to you day to day. The compensation conversation happens in that same first meeting, in plain numbers, before we ever schedule a showing. Nobody on my team signs someone up and hopes they'll figure out the fine print later.

If you're newer to the process altogether, it's also worth reading through first-time home buyer essentials and the home buying timeline so the representation agreement is just one small piece of a process you already understand, rather than the first confusing form you're handed.

Questions people ask

How do I know if I chose the right realtor, lender, and loan type?

Honestly, this comes down to fit and communication more than anything flashy. I'd ask any agent or lender you're considering to walk you through their process in plain language, including how compensation works, before you sign anything. If they can't explain it simply, that's information too.

How much are closing costs and prepaids actually going to be, and can we ask the seller to pay all of them?

Closing costs and prepaids vary by loan type, purchase price, and lender, so I wouldn't give you a blanket number without seeing your specific numbers. What I can tell you is that asking a seller to cover some or all of them, including buyer-agent compensation as part of that ask, is still very much negotiable in this market rather than something you have to figure out entirely on your own.

Do you think now is actually a good time to buy, or should I wait?

I'd rather you look at your own numbers and timing than try to guess where rates or prices are headed. If you want a sense of where the broader market stands right now, what to expect as a buyer in 2026 and mortgage rates and what affects them are both good places to start before deciding what makes sense for your situation.

None of this needs to feel complicated once someone walks you through it in person. If you're starting to think about buying in Salem or Keizer and want to sit down, no obligation, and go through exactly what you'd be asked to sign and what it would actually cost in your specific situation, I'm happy to grab coffee and talk it through. You can connect with a Salem-Keizer buyer's agent anytime, no pressure, just information.