Yes, rates and fees will vary from lender to lender and from banker to broker, and yes brokers are able to offer the HomePath program.
However, to answer the original poster, you almost never "have" to pay points. It can almost always be priced into the loan. Depending on the size of your loan, you may have certain lenders that will want to charge you points because the loan is too small. Also, just like on any other loan, most lenders have some variation in rate.
It is possible to structure points to be little or none, but I think you will find rates much more attractive if you are prepared to include one or more points in the transaction because of the way this loan is priced. With a minimum of only $500 from borrower's own funds,and up to 6% seller contributions for owner occupied and second homes from 75% to 97% LTV, you should budget for a portion of the sellers contribution to go toward a point or two to buy the rate down for you.