Do I Need a Buyer's Agent to Purchase a Home in Indiana?
No — Indiana law doesn't require you to hire a buyer's agent to purchase a home. But since July 1, 2024, if you do want one, state law changes how that relationship has to start: House Enrolled Act 1068 requires you to sign a written buyer agency agreement before a broker can begin representing you, whether that's touring homes on your behalf or negotiating an offer. Buying without your own agent is legal, but it means the only licensed professional in the room is working for the seller.
What Indiana's 2024 Buyer Agency Law Actually Requires
House Enrolled Act 1068 took effect July 1, 2024, following a national settlement between the National Association of REALTORS® and home sellers over how agent commissions had traditionally been disclosed. In Indiana, the law requires every licensed real estate broker — REALTOR® or not — to put buyer (and listing) representation in a written agreement before providing agency services. That agreement has to spell out what the broker will do for you, carry a definite expiration date, and state clearly how the broker will be compensated and by whom — the law specifically bars implying that a buyer's agent works "for free" simply because a seller happens to be covering the fee. You get a signed copy within three business days.
What the law doesn't do is force you to hire anyone. You can still buy a home directly through the seller's listing agent, buy from a For Sale By Owner seller, or walk a new-construction model home on your own. The agreement requirement only kicks in once you want a broker representing your interests specifically.
What You Give Up Buying Without Your Own Agent
This question comes up constantly with Westfield's new-construction buyers in particular. Every builder's on-site sales representative — no matter how friendly and helpful they are — is a licensed agent representing the builder, not you. They're the ones drafting the purchase agreement, and their job is to protect the builder's price and terms. The same dynamic applies with a listing agent on a resale home: that agent has a legal duty to get the seller the best price and terms, not you. Going in without your own representation means negotiating upgrade credits, inspection contingencies, and closing costs entirely on your own, against someone whose job is to get the best outcome for the other side.
A buyer's agent, once you've signed an agreement, works the opposite direction — reviewing the contract for you, coordinating your inspection and financing timelines, and negotiating repairs or price adjustments on your behalf. For most buyers, especially in a market moving as fast as Westfield's currently is, that's the difference between catching a problem before closing and finding out about it after.
How Buyer's Agent Compensation Works Now
Before the 2024 changes, buyer's agent compensation was typically built into the listing on the MLS and paid out of the seller's proceeds at closing, without much discussion. That's no longer assumed. Compensation is now negotiated directly between you and your agent up front, in the written agreement, and it can be structured as a flat fee, an hourly rate, or a percentage of the purchase price. In practice, sellers are still frequently willing to cover some or all of a buyer's agent's fee as part of the deal — but that has to be negotiated as part of your offer rather than assumed automatically, which is one more reason having your own agent from the start matters.
About the MOVE Group
Jason Kraus leads the MOVE Group at REMAX Advanced Realty, Hamilton County's dedicated local real estate specialists headquartered in Westfield, serving Westfield, Carmel, Noblesville, and the surrounding communities since 2008. Jason is also Broker/Owner of REMAX Advanced Realty and team leader of the Indy Home Pros Team, REMAX's #1 team in Indiana by transactions — before real estate, he spent 12 years as a middle school English teacher, a background that shows in how clearly and patiently he communicates through a transaction.
Frequently Asked Questions
Am I legally required to use a buyer's agent to buy a home in Indiana?
No. Indiana law doesn't require you to hire a buyer's agent at all — you can buy directly through a listing agent or a For Sale By Owner seller. The law only requires a signed written agreement once you choose to have a broker represent you.
Do I have to sign something just to tour a few homes?
Under House Enrolled Act 1068, a broker has to have you sign a written buyer agency agreement before they begin providing agency services on your behalf, such as touring homes together or negotiating an offer for you — it's tied to representation starting, not to the act of looking at a house in general.
Who pays my buyer's agent's commission in Indiana now?
It's negotiated up front and written into your buyer agency agreement, rather than assumed. It can be structured as a flat fee, hourly rate, or percentage, and sellers often still agree to cover some or all of it as part of the offer — but that has to be negotiated, not assumed.
Do I need my own agent if I'm buying a new-construction home in Westfield?
It's strongly recommended. The builder's on-site sales representative represents the builder, not you, so having your own buyer's agent means someone is negotiating upgrade credits, contingencies, and pricing specifically on your behalf.
Can I get out of a buyer agency agreement if it isn't working out?
Every written buyer agency agreement in Indiana must include a definite expiration date, so the relationship isn't open-ended by law — talk to your broker directly about the specific terms and any cancellation provisions in the agreement you signed.
Have more questions about buying in Westfield or working with an agent who's actually looking out for you? Meet the MOVE Group's buyer's agent services, especially if you're considering one of Westfield's many new-construction communities. Browse more answers on our Westfield, IN Real Estate FAQ, explore the wider Hamilton County, IN market, or reach out to the MOVE Group directly to get started.