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I've bought and sold FSBO with a lawyer a couple times and the total bill to write and/or review several offers and counters, and orchestrate a closing, was in the $1200 range. But I also prefer this method because I am a stickler for the correctness of the contract language, and due to past experience I feel better protected if an attorney handles that. - Tue Jul 8 2008, 13:23

This was a Buyer's Agency form- that's the title, in big letters. It is a contract for exclusive representation, not an agency disclosure form. The way it was presented made me expect that what I was being given an agency disclosure form- then came my "Whoa!" moment. To answer Elvis' question- I did not sign the form. I read it and was concerned (and suprised) and posted my question here originally because I was trying to understand the process and practice a bit better before I signed anything.
Thanks to all for the discussion. - Sat Jun 21 2008, 12:21

One thing I didn't mention is that the way the buyer's agency form was presented to me was as a casual technicality - "please bring this signed form with you" when I had never requested, or agreed to buyer's agency nor had discussed commission. We are considering ending our relationship with this Realtor because the oh-by-the-way manner in which the agency form was presented feels unseemly. - Sat Jun 21 2008, 05:44

Thanks so much for all the answers. I truly appreciate it. I realize that there is not necessarily a standard commission; it is between my agent and I and everything is negotiable. I do plan to talk to my relo firm and I consult a real estate attorney with any contract questions. The relo company is adamant that I should not, as a buyer, need to pay any commission; but if my buyer agent demands more than a seller has budgeted, that essentially does come out of my pocket. That much seems clear.

The responses about FSBOs requiring more work from the buyer's agent were very interesting. I've bought and sold via FSBO and using Realtors. My perspective was the opposite- the FSBO should require less work by my agent. I mainly just want them to help evaluate the property and its price. I prefer to pay out of pocket for a real estate attorney to handle contracts (due to multiple bad experiences with offer/counteroffer text and contract advice from Realtors) and I would have found the FSBO home on my own. If the FSBO seller agrees to pay my agent to handle the transaction, fine; but when I sold FSBO I was already paying my own attorney to handle everything so I didn't want to pay much to a buyer's agent. I once received two full price offers on one home, one with a 3% commission embedded, and one with no embedded commission - guess which one I accepted? Conversely, when I once worked with a non-exclusive Realtor (no agreement) and bought an FSBO, I paid my realtor a bit on the side for past assistance and help in evaluating the home. The seller saw no commission in the offer I gave him.

Thanks again for the conversation. - Fri Jun 20 2008, 09:22