Choosing a Real Estate Agent in 2026

Updated for Early 2026 — Includes New Texas Law Requirements Effective January 1, 2026

For most people reading this blog, purchasing a home remains the single most important financial decision they will ever make. Besides the money they will spend, years of labor will go into this transaction, and the house they choose will—in many ways—determine the shape of the life that follows.

For those of us who do not yet speak the language of real estate, a skilled buyer's agent is invaluable, someone to negotiate on your behalf, to identify problems you might miss, and guide you through what is, emphatically, a complex process.

Making matters more complicated still is the real estate industry which has recently undergone significant changes, with Texas enacting new buyer representation laws effective January 1, 2026.

In this blog, we will guide you through these changes and the process of finding a real estate agent who truly serves your interests rather than their own. Bookmark the page, so you can come back to it later.

Critical Industry Changes You Must Understand

The NAR Settlement (August 2024)

In March 2024, the National Association of Realtors settled a landmark antitrust lawsuit for $418 million, agreeing to fundamental changes in how agent commissions work. 

These rules took effect August 17, 2024. Here’s what you need to know:

• Sellers no longer have to offer "buyer agent commissions." Previously, sellers automatically paid both your agent and their agent 5–6% of the price of the home. Now, buyer agent compensation is negotiated separately.
• No commission advertising on the MLS. Listing agents can no longer display buyer agent commission offers in MLS listings. This is meant to prevent agents from steering you toward higher-commission properties rather than better homes.
• Written buyer agreements are required before showings. You must sign an agreement with your agent that clearly states how they will be compensated before you start touring homes together.
• Commissions remain negotiable. All commission rates are fully negotiable and not set by law. This was always technically true, but now it is a matter of explicit legal record.

Every rule tells a story. These rules tell us that real estate agents have, over the past decade, abused the good will of their clients with sufficient regularity that federal intervention became necessary.

One hope is that this changes. In the meantime, here is what the NAR Settlement means for you: You must do more. 

You will need to discuss compensation directly with any agent you consider, with the understanding that you may be responsible for paying them if the seller does not offer sufficient compensation. 

Texas SB 1968 (Effective January 1, 2026)

Here’s another law you have to know about.

Texas prohibits dual agency. Unlike many states, Texas does not permit a single agent to represent both the buyer and the seller in the same transaction. The reason is simple: an agent cannot fully advocate for you and your interests while simultaneously trying to get the best deal for the seller. 

Now, Texas uses an intermediary system. When a buyer wants to purchase a home listed by the same brokerage (not the same agent, but the same company), the broker becomes an "intermediary" and must:

• Obtain written consent from both parties

• Appoint different agents within the brokerage to represent each party

• Remain neutral as the supervising broker

Finding and Evaluating Potential Agents

Now that you understand the landscape, let’s discuss the person who will guide you through it and how to find them.

1. Clarify Your Priorities

Before you meet a single agent, take stock of your own requirements. Do you want someone who is hands-on and sends you daily listings, or someone who lets you take the lead? Do you prefer text, email, or phone calls? Do you need evening or weekend availability?

If you do not immediately know the answers to these questions, step back and write down exactly what you want. Knowing what you want now will help you determine compatibility later.

2. Gather Candidates from Multiple Sources

Referrals: Ask friends, family, or coworkers who recently purchased homes about their experiences, both positive and negative. But remember: what worked for them may not work for you. That is why you made that list of your own requirements.

Open houses: Attending open houses will let you observe potential agents in action. Are they knowledgeable about the property? Do they treat visitors with courtesy and professionalism? Do they seem engaged, or are they absent, distracted, forever checking their phones?

Online research: Check agent profiles for experience, specialties, and client reviews.

3. Get Pre-Approved Before Interviewing Agents

Walking into agent meetings with a pre-approval letter makes all the difference. It demonstrates that you are serious about buying a home and financially qualified. It also gives you leverage.

Top agents will prioritize pre-approved buyers because they can act quickly and close reliably. Pre-approval also clarifies your budget, so you and your agent won’t waste time touring homes you cannot afford. 

Check out our blog on the benefits of pre-approval. With First Service, you will find that the process is rather swift and painless.

4. Interview at Least Three Agents

Yes, this takes time. But this is likely the largest purchase you will ever make. Date around. Find the right partner. This will be easier if you go in with questions already prepared.

Essential Questions to Ask

• "What areas do you specialize in, and how many transactions have you closed there recently?" An agent who works primarily in Katy may not know the nuances of the Heights, Pearland, or the Woodlands.
  
  
• "How do you prefer to communicate, and what's your typical response time?" Establish expectations at the outset. If they prefer phone calls and you require text, you will have friction. Be straightforward about this. We suggest bringing the list of requirements you made in Step One to the interview.
  
  
• "How is your compensation structured, and what happens if the seller doesn't offer enough to cover it?" This is now an essential post-NAR settlement question. Understand exactly what you might owe this person in the event that they help you close on a house.
  
  
• "What does your buyer agreement look like?" Texas law now requires specific disclosures. Ask to review the agreement before committing to anything. Regardless of how they answer this question, you'll need to know the difference between exclusive and non-exclusive agreements.

Exclusive vs. Non-Exclusive Agreements

Exclusive agreements commit you to one agent for a specified period. If you buy any home during that time—even one you found on your own—you will owe that agent compensation as per your agreement. The advantage is that your agent will (ideally) prioritize your search and invest more resources. The disadvantage is that you are locked in even if the relationship sours.

Non-exclusive agreements allow you to work with multiple agents. You compensate only the agent who actually helps you purchase the house. However, many experienced agents will not invest heavily in non-exclusive clients, because there is no guarantee of compensation for their efforts.

Practical recommendation: Consider starting with a short-term exclusive agreement (30–90 days) with an agent you have thoroughly vetted. This gives both parties a trial period. Make sure the agreement clearly specifies the geographic scope, duration, compensation structure, termination conditions, and what happens if a seller’s agent compensation is insufficient.

But how will you know if an agent is worth keeping after 90 days? Below, we have compiled a list of red and green flags. 

When Things Aren't Working Out: How to Exit

Sometimes, despite careful vetting, an agent relationship does not work out. Here’s how to exit with care.

• Review Your Agreement: Check termination clauses. Some allow written notice; others require cause, otherwise locking you in for the full term.
• Document Concerns: Keep records of missed appointments, poor communication, or other failures. This protects you if a dispute arises.
• Have an Honest Conversation: Direct communication can often resolve problems.
• Get a Written Release: If you both agree to end the relationship, document it in writing to avoid future disputes.
• Escalate if Necessary: Contact the agent's managing broker if they refuse to release you from an agreement.
• Consult an Attorney for Complex Situations: If significant money or legal issues are involved, professional legal advice is worth the investment.

Important: Properties an agent showed you may still entitle them to compensation if you later purchase with a different agent, depending on your agreement terms. Clarify this before you switch over.

Making Your Final Decision

The home-buying process can be stressful, and we hope this blog hasn’t scared you off. It’s very much worth doing, but choosing the right agent—someone who understands your needs, communicates clearly, advocates fiercely, and conducts themselves with integrity—improves the experience significantly.

With Houston's balanced market, improved affordability, and longer decision timelines, you have the opportunity to be thoughtful about both your agent selection and your home purchase. Do not squander it.

Quick Reference: Key Takeaways

Did you scroll all the way to the bottom of the blog without reading it? That’s cool. We got you. Here’s what you need to do when looking for a real estate agent.

• Get pre-approved before meeting agents

• Interview at least three agents

• Understand compensation structures. You may be responsible for your agent's fee

• Texas law requires written buyer agreements before showings

• Texas prohibits dual agency. Do not accept any agent who suggests otherwise

• Start with a short-term exclusive agreement (30–90 days) if possible

• Watch out for red flags: poor communication, pressure tactics, incompetence, or ethical concerns