Shirin Abplanalp
Licensed REALTOR® · SRES® · eXp Realty, North Idaho
Yes, you can legally buy a home in North Idaho without your own agent — 88% of buyers still use one, but the NAR's 2025 Profile of Home Buyers and Sellers and a Rice University study by Jefferson Duarte and David Zhang both confirm that more buyers are going unrepresented in the wake of the August 17, 2024 NAR settlement.
The settlement changed two things: (1) listing agents can no longer publish buyer-agent commission offers on the MLS, and (2) buyers working with an agent must sign a written Buyer Representation Agreement before touring a home. Open houses are explicitly exempt — NAR's own consumer guide confirms “if you are simply visiting an open house on your own, you do not need to sign a written buyer agreement.” That single exemption is fueling most of the unrepresented-buyer behavior in the field right now.
The math case for going solo looks compelling — potentially $12,000–$18,000 in commission savingson a $600,000 Coeur d'Alene home. But the Rice/RISMedia research explicitly notes that solo buyers may “end up over-paying for properties” by amounts that can erase those savings entirely. This article explains what changed, what the rules actually say, what unrepresented buyers are missing in real dollars, and how to decide which path makes sense for your specific transaction.
What changed on August 17, 2024
Rule 1: No more buyer-agent commission offers on the MLS.
Before the settlement, listing agents published exactly how much they were offering a buyer's agent — typically 2.5% or 3%. That practice is now banned. Buyer-agent compensation must be negotiated separately, either in the BRA or as part of the purchase offer.
Rule 2: Buyers working with an agent must sign a written BRA before touring a home.
Per NAR's official guidance, the agreement must specify: (a) services the agent will provide, (b) the amount the agent will be paid, (c) who pays them, and (d) the term length. All terms are fully negotiable. "Buyers should not sign anything that includes terms they do not agree with or do not understand."
Two things did notchange: home sellers can still offer to cover the buyer's agent fee as part of the purchase agreement, and listing agents still represent the seller exclusively — they are not neutral and cannot represent the buyer without explicit written disclosure and consent.
The data — what's actually happening to buyer representation
The most authoritative data on buyer behavior is the NAR 2025 Profile of Home Buyers and Sellers, based on a survey covering July 2024 through June 2025 — the first full year of post-settlement behavior:
| Statistic | 2025 Value |
|---|---|
| All buyers who used an agent or broker | 88% |
| Buyers of previously-owned homes who used an agent | 92% |
| Buyers who would use their agent again or recommend them | 91% |
| First-time buyer share of market | 21% — record low since 1981 |
| Median first-time buyer age | 40 — all-time high |
| Median repeat buyer age | 62 |
| Median age of all buyers | 59 |
| All sellers who used an agent | 91% — tied for highest on record |
Source: NAR 2025 Profile of Home Buyers and Sellers, released November 4, 2025.
Representation is still overwhelmingly the norm. 88% of buyers use an agent, and 91% are satisfied enough to recommend or reuse their agent. The settlement did not collapse the buyer-agent relationship.
The 12% of buyers going unrepresented is meaningfully larger than the historical baseline — and the largest increases are in states where written buyer agreements were uncommon before 2024, which includes Idaho.
First-time buyers are the affordability-pressured cohort most likely to go solo. They are the smallest market share on record (21%), and the median first-time buyer is now 40 years old.
Why buyers are going unrepresented — the seven real reasons
1. The settlement created a perception that buyers now pay out of pocket.
This is the single biggest driver. Buyers saw headlines, drew the wrong conclusion, and assumed they would owe their agent thousands at closing with no way to roll it into the loan. The actual rules are more flexible — sellers can still offer to cover the buyer-agent fee, the fee can be written into the offer as a seller concession, and lenders treat seller-paid buyer-agent fees the same as before. But the perception has stuck.
2. The Buyer Representation Agreement itself is intimidating.
Before August 2024, most Idaho buyers had never signed a written agreement before touring homes. Now, a BRA must be signed before the first tour. For a buyer who has never seen one, signing a document with dollar amounts and contract terms before they have even decided to buy a specific house feels like a major commitment. A HousingWire analysis found that many BRAs contain provisions 'designed to scare' buyers, with double-commission scenarios and holdover clauses that are difficult to understand.
3. The open house and model home exemption.
NAR's guide is explicit — twice. Buyers can tour open houses, attend builder model home walkthroughs, and meet listing agents at properties — all without any paperwork, fee discussion, or representation commitment. It is a legal, intentional exemption. It is also where unrepresented buyers get into the most trouble, because the listing agent or builder sales rep they are now interacting with is not on their side.
4. The commission "savings" calculation.
The math looks straightforward: skip the buyer's agent, ask the seller to credit 2–3% back as a closing-cost concession, and pocket the difference. On a $600,000 Coeur d'Alene home, that is $12,000–$18,000. The problem is that the savings assume the seller agrees, the lender allows it, and the buyer negotiates as effectively as a represented buyer would have. Those three assumptions rarely all hold.
5. The "I already did my research" mindset.
Over 95% of buyers search for homes online before contacting an agent. Zillow, Redfin, and Realtor.com give buyers more information than agents had 20 years ago. What remains is negotiation, contract structure, inspection management, lender coordination, and local market knowledge — and whether those functions justify a 2–3% fee is exactly the question buyers are now actively asking, post-settlement, for the first time at scale.
6. Extreme affordability pressure.
First-time buyers are the smallest share of the market on record, the median first-time buyer is 40 years old, the median down payment is 10% (the highest in a generation), and mortgage rates remain in the mid-6% range. When a buyer is stretched to the absolute limit of qualification, the commission line item gets scrutinized in a way it never used to.
7. New construction and builder model homes — the highest-risk scenario.
The site agent at a model home is the listing agent, contractually obligated to the builder. They are trained sales professionals. They cannot legally advise an unrepresented buyer on what to offer, what contingencies to include, how to negotiate upgrade pricing, or what to inspect during the build. Unrepresented buyers often find out after closing that they paid full retail on upgrades and forgot to negotiate items a represented buyer would have flagged immediately.
What unrepresented buyers actually lose
The Duarte and Zhang research notes that “one possibility regarding solo buyers is that they end up over-paying for properties.” In practice, the losses cluster in five categories:
Price
A listing agent cannot advise an unrepresented buyer on what to offer. Solo buyers frequently anchor to list price or comp-pull from public sites that lag the real-time market by 30–60 days. In a competitive offer situation, a represented buyer with a sharp agent often wins for less.
Contract terms
Earnest money structure, contingency language, financing terms, appraisal-gap clauses, inspection objection windows, seller concession caps — every one of these affects the final cost. A buyer who doesn't know what's negotiable doesn't negotiate it.
Inspection leverage
After inspection, a represented buyer routinely negotiates seller credits for repairs, replacements, or carry-back items. Unrepresented buyers frequently accept findings as-is because they don't know what's standard to request.
Lender coordination
Closing on time, rate-lock timing, appraisal disputes, and lender-required repairs all happen faster when an agent is coordinating. Solo buyers absorb the cost of delays as missed rate locks, extended rate-lock fees, or per diem penalties.
Disclosure interpretation
Idaho sellers must complete a Property Condition Disclosure form. Reading it and knowing what's missing or evasive requires experience. A represented buyer's agent will catch a vague disclosure entry that a solo buyer reads at face value.
What buyers actually say when they hesitate — and why most concerns are solvable
A widely-read 2026 thread on r/TorontoRealEstate — where Ontario buyers have lived under mandatory written buyer agreements for years under TRESA, essentially the world U.S. buyers just entered post-settlement — found that 54% of buyers ghosted their agent once the BRA was introduced. The top-voted concerns were not about commission. They were about exclusivity, lock-in, and trust. Here is what buyers said, and what the realistic answer looks like for an Idaho purchase:
"It's an exclusive agreement that confines me to a single agent just to view a property."
The BRA term length is fully negotiable in Idaho. A one-property, one-day, or seven-day agreement is legal and common. So is a non-exclusive agreement. So is a 30-day trial with a free-exit clause. An agent who insists on a 180-day exclusive on the first phone call is signaling something — and the buyer is right to walk away.
"Why would I commit to working with someone I just met for the largest purchase of my life?"
You shouldn't. The right structure is a short, narrow first agreement — limited to the specific property you want to see — that lets you and the agent figure out whether the working relationship works before either side commits to anything longer.
"I don't want to be tied to someone who may prioritize their own interests over mine."
Under a BRA, an agent owes you the duty of loyalty, full disclosure, confidentiality, and obedience to lawful instruction, codified by the Idaho Real Estate Commission. The practical test: has your agent ever told you not to buy a house, or to walk away after inspection? That's the signal.
"I want a one-page agreement in plain English, not a six-page legal document."
The required BRA elements are narrow: services provided, fee amount, who pays, and term. Everything beyond that — holdover clauses, dual-commission language, broad exclusivity — is negotiable and often removable. A buyer who asks for a simplified, one-property, short-term agreement should expect their agent to say yes.
"What if I want to set the commission to zero if the seller doesn't cover it?"
This is also negotiable in Idaho. The BRA must state who pays the agent — but the amount the buyer pays can be written as zero, contingent on seller-paid compensation. If the seller does not cover the buyer-agent fee, the agreement terminates or shifts to a different structure.
The buyers ghosting after the BRA conversation are mostly not running from representation — they are running from the way representation is being offered to them. Long exclusive terms, vague fee language, and high-pressure paperwork at the first showing are exactly what makes the BRA feel adversarial. None of those things are required.
The path forward — three realistic options
Full representation with a clear fee structure
Sign a BRA, negotiate the fee (flat, hourly, or percentage), and ask the seller to cover it in the purchase agreement as a concession. This is what 88% of buyers still do and what 91% of those buyers say they would do again. The 'savings' of going solo only materialize if you outperform a competent agent on price and terms — which is rare.
Limited or flat-fee representation
Some agents now offer transaction-only or limited-scope services for a flat fee. You handle search; the agent handles offer drafting, contract negotiation, and closing coordination. A valid middle path for experienced buyers who genuinely don't need search help.
Fully unrepresented with a real estate attorney
Buyers willing to truly go solo should at minimum retain an Idaho real estate attorney for offer review, contract terms, and closing. Attorney fees on a single purchase run $800–$2,500 in Idaho — meaningfully less than 2–3% commission, but only if you are confident in your own ability to handle price negotiation, inspection objections, and lender coordination.
What none of these three options accommodate is the dangerous middle ground: showing up to model homes and open houses, telling the listing agent you are “just looking on your own,” and trying to negotiate a major purchase as a one-time buyer against a trained sales professional whose legal obligation runs to the seller.
Primary Sources
- NAR 2025 Profile of Home Buyers and Sellers
- NAR Consumer Guide to Open Houses and Written Agreements
- RISMedia — More Unrepresented Buyers, More Experienced Agents
- Wall Street Journal — Why a Landmark Settlement on Realtor Fees Hasn't Cut Costs
- HousingWire — Buyer Agency Agreements Are Incomprehensible
- Freddie Mac Primary Mortgage Market Survey
- Idaho Real Estate Commission
Disclaimer: This article is for informational and educational purposes only and does not constitute legal, tax, financial, or real estate transactional advice for your specific purchase. Buyer representation agreement terms, commission structures, lender concession caps, and post-settlement practices vary by state, brokerage, and individual transaction. The NAR settlement rules and related state-level regulations have continued to evolve since August 2024 and may change further. Before signing a Buyer Representation Agreement, going unrepresented, or making any decision about how to structure your real estate purchase, consult a licensed Idaho real estate attorney, your lender, and the Idaho Real Estate Commission for current rules. I am a licensed REALTOR® and Seniors Real Estate Specialist® — not a legal advisor.
A note from Shirin
The honest answer to “should I use a buyer's agent in 2026?” is: it depends, but for most North Idaho buyers, yes — with the right agreement structure. The settlement changed the conversation about how agents get paid; it did not change the value an experienced local agent brings on price, contract, inspection, and closing.
What it did change is that buyers now have explicit, documented permission to negotiate every term of the relationship. Use that. I write single-property, short-term, seller-paid-or-it-terminates agreements for buyers who want to start narrow and earn the longer relationship.
If you are exploring the market and want to talk through what a transparent, narrow, fair BRA looks like for your specific North Idaho purchase — or whether full representation, limited representation, or solo with attorney support makes the most sense — I am happy to walk through it without commitment.
Talk through your options →