Draft, pending David Eimer's approval. This page describes representation and compensation practice in general terms until David confirms his own; amounts are never published on this site.
THREE SITUATIONS
How David
is paid.
Three situations, three answers. Each one is settled in writing before you commit to anything.
Buying new construction
David is registered as your agent on your first visit, before you tour a model. The builder may pay him; the amount is set in your agreement, not by the builder.
Before you walk through a model home, you and David sign a buyer representation agreement that states what he will be paid and by whom. Many Austin builders offer to pay the buyer's agent. When that offer exists it is applied toward the amount in your agreement, and David cannot accept more than the agreement states, whatever the builder offers. If the builder's offer does not cover the agreed amount, the difference is disclosed to you in writing before you sign a purchase contract, never after. Order matters here: most builders will only recognize an agent who is registered on your first visit, so bring David in before you visit a sales office, not after.
Buying a resale home
A buyer representation agreement is signed before any showing and sets David's compensation in writing. The seller may agree to cover some or all of it as a concession.
Offers of buyer-agent compensation are no longer published in the MLS, so every transaction handles it explicitly. Your agreement states the amount, how it is calculated, and how it is paid. When you write an offer, David can ask the seller to cover some or all of that amount as a seller concession, which becomes a term of the contract like any other. Whatever the seller does not cover is settled the way your agreement says. You know the outcome before you are bound to anything, and David cannot accept more than the amount your agreement states, regardless of what a seller offers.
Selling your home
The listing agreement sets David's commission and records whether you offer anything toward the buyer's agent. Both are negotiable and both are decided before the home is on the market.
No listing commission is fixed by law, by the Texas Real Estate Commission, or by any brokerage or association. When you sign a listing agreement with Ascend Group | LPT Realty, the fee for David's side is written in, along with whether, and how much, you are willing to offer toward a buyer's representation. That decision is yours. Offering something can widen the pool of buyers whose agreements are already covered; offering nothing keeps it as a term to negotiate offer by offer. Any concession you agree to appears in the contract, not in an MLS field, and David walks through the tradeoffs with you before the sign goes up.
WHO WORKS FOR WHOM
Everyone at the table
represents someone.
Courtesy is not representation. Knowing whose interest each person serves is the first negotiation.
- Builder's on-site agent
- The builder. Their job is the builder's margin, the upgrade sheet and the builder's contract terms. They are usually knowledgeable and courteous, and they are not your representative.
- Listing agent
- The seller, under a listing agreement. Their duty is to price, market and negotiate in the seller's favor, and anything you tell them can reach the seller. Texas allows a brokerage to act as an intermediary between both sides only with everyone's written consent; David explains what that changes before you are asked to agree to it.
- Lender
- The lending institution. Underwriting decides what you can borrow, not what you should. Federal rules prohibit an agent from being paid for sending you to a lender, so compare at least two written loan estimates and choose the one that suits you.
- Your own agent
- You, under a written agreement, with the duties Texas license law requires of an agent toward a client. David's compensation is stated in that agreement and cannot exceed it, and his advice is not tied to any builder, lender or listing.
WORKING TOGETHER
Four steps,
in order.
The agreement comes before the first tour. Everything else follows from that.
A conversation first
What you are after, which parts of Austin you are drawn to, your timing, and how you prefer to be reached. Nothing is signed at this stage. The buyer and seller questionnaires give David a head start.
The agreement, in writing
You read the buyer representation agreement or the listing agreement together with David: compensation, how long it lasts, and how it ends. Questions are welcome. Buyers sign before the first tour, not at the kitchen table of a home they already love.
The search, or the launch
Buyers work neighborhood by neighborhood, using the Austin Atlas and the research desk to check the record before an offer. Sellers move through preparation, positioning and presentation before the home is on the market.
Contract to close
Offer strategy, the option period and inspections, repair negotiation, appraisal, and coordination with the title company and lender. David keeps the choices legible and the communication direct until the keys change hands.
WHAT YOU CAN HOLD DAVID TO
Written down,
so you can check.
- Compensation in writing, before you sign
- You will never learn about a fee after the fact. What David is paid, and by whom, is on paper before any agreement is signed and before any offer is written.
- No showing without an agreement
- If a buyer representation agreement is not signed, David does not take you through a home. The rule exists to protect you as much as anyone.
- A plain answer to who pays
- For any home you are considering, new or resale, David tells you in writing who is expected to pay his compensation and what happens if they do not.
- Terms you can read
- How long the agreement lasts, what it covers and how it ends are stated in the agreement itself. Read it before you sign; ask David to explain anything that is not clear.
- Neighborhood reasoning you can check
- Advice about where to buy comes with the sources behind it. The Austin Atlas and the research desk date every reference so you can verify them yourself.
BEFORE YOU SIGN
Representation questions, answered
- Do I have to sign an agreement before David shows me a home?
- Yes. Since the August 2024 changes to industry practice, a buyer signs a written representation agreement before touring a home with an agent. The agreement states what David is paid and by whom, how long it lasts and how it ends. You read it together before signing.
- Who pays the buyer's agent in Austin now?
- It is negotiated and written into your buyer representation agreement. The seller may agree to cover some or all of it as a concession in the purchase contract, and a builder may offer to pay a registered buyer's agent. Whatever is not covered is settled the way your agreement says. David cannot accept more than the amount in your agreement.
- Is the on-site agent at a new-construction community my agent?
- No. The on-site agent is employed by the builder and represents the builder. To have your own representation, register David as your agent on your first visit and sign a buyer representation agreement beforehand; most builders will not recognize an agent introduced later.
- Is real estate commission negotiable in Texas?
- Yes. No commission is set by law, by the Texas Real Estate Commission, or by any brokerage or association. A listing commission is set in the listing agreement and a buyer's agent's compensation in the buyer representation agreement, both by negotiation.
- What if a seller or builder offers more than my agreement says?
- David may not accept more than the amount stated in your buyer representation agreement, whatever a seller or builder offers. The agreement is the ceiling, and it is why the amount is written down before the search begins.
- Does asking how David is paid commit me to anything?
- No. A conversation, a questionnaire or a question about compensation is not an agreement. Representation begins only when a written buyer representation agreement or listing agreement is signed.
Start with the questions.
Sign when you are ready.
Tell David what you are after and he will come to the first conversation prepared. Nothing is signed until you have read it.
Start the buyer questionnaireSelling? Start here insteadDavid Eimer · Ascend Group | LPT Realty · Texas real estate license #773469 · (512) 762-8874 · david.eimer@ascendgroupre.com. Texas law requires a license holder to provide the Information About Brokerage Services notice and the TREC Consumer Protection Notice. Compensation is negotiable and is not set by law or by any brokerage; the amounts that apply to you appear only in your signed agreement. This page is general orientation, not legal advice. See the source and limitation notes.