Can a VA Buyer Pay Their Buyer's Agent Fee in North Texas?

Why This Question Matters in North Texas

For most of the modern real estate market, a buyer's agent was paid out of the listing side of the transaction. The seller paid a commission to the listing brokerage, which shared it with the buyer's brokerage, and the buyer never wrote a check for representation. That model changed in the mid-2020s when national real estate industry settlements altered how buyer-broker compensation is offered through listing services. In many areas, a buyer can no longer assume the seller or listing broker will pay their agent.

For a VA buyer, that shift raised a practical question. VA rules had historically limited what a veteran could pay a buyer's broker, which meant some veterans were effectively locked out of independent representation in markets where seller-paid compensation was no longer guaranteed. The U.S. Department of Veterans Affairs responded with a temporary variance, VA Circular 26-24-14, that lets eligible veterans pay for buyer representation themselves. That circular is current, still in effect, and it matters for veterans buying in Northlake, Argyle, Justin, and across Denton County, where most inventory is new construction and where representation choices affect how a buyer tours, negotiates, and protects their interests.

The full guide to military and veteran home buying in North Texas is the site's authority page for VA financing, from the Certificate of Eligibility through closing. This article answers the narrower question of how buyer representation and buyer-broker compensation work for VA buyers under the current VA rules.

What VA Circular 26-24-14 Actually Allows

VA Circular 26-24-14, titled the Temporary Local Variance for Certain Buyer-Broker Charges, was published June 11, 2024 and took effect August 10, 2024. It remains in effect until rescinded. VA issued it in response to the real estate industry changes so that VA borrowers in areas where listing brokers no longer set buyer-broker compensation could still obtain representation.

Under the circular, an eligible veteran may pay reasonable and customary buyer-broker charges directly. Those charges are the buyer's agent's compensation and related broker fees agreed to in a written buyer-broker agreement. Three rules matter most:

• The buyer-broker charges are paid out of pocket at closing. They may not be financed into the loan amount, and they count in the veteran's cash-to-close and liquid-asset review.
• A written buyer-broker agreement must be in the loan file. The agreement should state the services, the compensation, and how it will be paid.
• When the veteran pays the buyer-broker charges, VA Circular 26-24-14, Change 1 requires those charges to be recorded in Section H of the Closing Disclosure.

Because the circular is a temporary variance rather than a permanent statute, the details can change. Veterans should confirm the current status of the rule with their VA-approved lender and their broker before relying on it, and buyers should always work from official VA guidance rather than lender marketing materials.

None of this changes who a buyer's agent is or what they do. In North Texas, a written buyer representation agreement is generally required before a Texas license holder can provide residential buyer-brokerage services, and that written agreement addresses services, termination, representation status, and compensation. The new construction buyer representation guide explains how the written-agreement requirement applies when touring and buying from builders in this market.

Seller-Paid Buyer-Broker Fees and the 4% Rule

Many veterans will not need to pay their own buyer's agent at all, because the seller still pays the buyer's broker in many transactions. The important VA detail is how that payment is classified. VA stated in Circular 26-24-14 that a seller's payment of buyer-broker charges is not treated as a seller concession for purposes of the VA's concession limit. That means a seller can pay the buyer's agent's fee and still provide other concessions up to the 4 percent limit, plus the buyer's normal allowable closing costs.

To keep the numbers straight, it helps to separate three categories. First, normal allowable closing costs such as title insurance, the appraisal fee, and recording fees may be paid by the seller and are not counted against the concession limit. Second, a seller-paid buyer-broker fee is permitted and is not counted as a seller concession under the circular. Third, other items of value beyond normal closing costs, such as a seller-paid VA funding fee, payoff of the buyer's debts, prepaid taxes and insurance, or a temporary interest-rate buydown, count toward the VA's 4 percent cap on concessions, measured against the home's reasonable value as reflected in the appraisal or Notice of Value.

The practical effect is favorable for VA buyers. A veteran can purchase with representation whether the seller pays the buyer's broker, the veteran pays the broker out of pocket under the circular, or some agreed split is arranged, and a seller who wants to help can contribute toward the buyer's costs without giving up the full concession room for other terms. Because each item is classified by the transaction and the lender, the buyer's VA-approved lender and the brokers should confirm in writing how every payment will be treated before the contract is finalized. The guide to VA-financed offers for sellers walks through the same 4 percent framework from the seller's side of the table.

VA Buyers and New Construction in Northlake and Argyle

Much of the inventory in Northlake and Argyle is new construction, and veterans are active in communities such as Pecan Square, Harvest, and Canyon Falls. New construction is also where buyer representation questions get the most attention, because the person showing you the home is usually the builder's on-site sales representative, and that person represents the builder, not you.

If you want independent representation when buying new construction, you generally need a written buyer representation agreement with your own broker before you tour or register with a builder. In Texas, a written agreement is generally required before a license holder provides residential buyer-brokerage services, including before touring residential property. Registration at a model home without a written agreement can affect who is recognized as your agent, so it is worth deciding on representation before your first visit.

Compensation for new construction works the same way the circular addresses it for resale. Whether the builder pays your buyer's broker, you pay reasonable and customary buyer-broker charges out of pocket under the variance, or some other agreed arrangement applies, the terms must be in writing. Builder-paid compensation is not guaranteed, and a builder's acceptance of VA financing and its incentive terms vary by builder and by community. The VA loans for new construction guide covers builder contracts, incentives, and the VA appraisal for new builds, and it is the right companion to this article.

The Northlake guide and Argyle guide cover the communities, builders, and current new-construction activity in each town, and the main new construction page lays out the full buying process from model-home visit through closing.

Theresa's Perspective as a Broker

As the spouse of a veteran and a North Texas real estate broker, I understand that representation questions sit right alongside the financing questions for military and veteran families. A VA loan is only part of the decision. Choosing a community, comparing builders, understanding incentives, reviewing contracts, coordinating inspections, and thinking about long-term resale all benefit from independent guidance.

I believe every veteran should understand how their buyer's agent is being paid before they sign anything, and I discuss representation, services, and compensation openly with buyers before they visit or register with a builder. The VA variance matters because it protects a veteran's ability to choose representation on their own terms. The written-agreement requirement matters because it protects everyone by making the terms clear. Neither one is a substitute for a thorough relocation plan, but together they let a veteran move through the process with a clear picture of costs and representation.

I am a real estate broker, not a VA employee, benefits counselor, mortgage lender, or attorney. When it comes to loan eligibility, the funding fee, entitlement, and how your specific benefits apply, the authority is the U.S. Department of Veterans Affairs and your VA-approved lender. My role is to help you apply that framework to a real North Texas home purchase.

What This Means for VA Buyers

For a veteran buying in North Texas, the practical meaning of the buyer-broker fee rules is straightforward. You can be represented, and you have options for how that representation is paid. A seller can pay your buyer's broker, you can pay reasonable and customary buyer-broker charges out of pocket at closing under the circular, or an agreed arrangement can be structured, and the decision belongs in your written buyer-broker agreement before you sign.

Representation matters most at the points where the largest amounts are at stake: community and lot selection, builder contract review, incentive and financing comparisons, the option period, inspections, and the final walkthrough. Independent buyer representation can help you evaluate those decisions, and in Northlake and Argyle, where new-construction contracts and special districts shape the total cost, those evaluations are worth doing carefully. The buying guide walks through the full purchase process for North Texas buyers, including the option period and inspections.

What Relocating Military Families Should Verify

Add these checks to your list when you are buying with VA benefits in North Texas:

• Confirm the current status of VA Circular 26-24-14 with your VA-approved lender. It is a temporary variance, so its terms should be confirmed against current official VA guidance before you rely on them.
• Sign a written buyer representation agreement before touring or registering with a builder, and read the compensation section carefully. Under Texas law, a written agreement is generally required before a license holder provides residential buyer-brokerage services.
• Ask, in writing, how your buyer's broker will be paid: by the seller or builder, by you out of pocket at closing, or by an agreed arrangement. If you pay, confirm the amount is recorded in Section H of the Closing Disclosure and that it is not financed into your loan.
• Understand the 4 percent seller-concession limit and what it does and does not include. A seller can pay your buyer's broker and still provide other concessions within VA rules, and your lender should confirm the classification of every payment in writing.
• Budget for your total cost of ownership, not just the payment. Property taxes, homeowners insurance, HOA dues, and PID, MUD, and WCID assessments vary by community, and the VA home loans and local costs guide breaks down those costs by community.
• Verify the builder accepts VA financing and which incentives apply to a VA buyer. Not every builder accepts VA financing, and not every incentive applies to a VA borrower, so confirm the specifics with the builder and your lender.

Local Considerations in North Texas

The buyer-broker fee question plays out differently depending on whether you buy resale or new construction, and both are active in the Denton County market. In resale neighborhoods in Northlake and Argyle, seller-paid buyer-broker compensation is still common, and the VA's classification of that payment as outside the concession cap gives sellers room to help without giving up other concession terms.

In new construction, the conversation is different because the builder sets the terms. A builder may or may not pay your buyer's broker, and the terms of any buyer-broker compensation should be documented before you visit a model home or register online. The VA new construction guide and the North Texas Real Estate Answer Center cover builder terms, incentives, and the questions relocating buyers ask most.

Whatever path you take, total cost of ownership matters as much as the fee discussion. North Texas communities carry property taxes, HOA dues, and special-district assessments that vary from one neighborhood to the next, and those recurring costs shape what you can afford. The cost-of-ownership guide for VA buyers and the area guide gather the tax and community resources for this corridor in one place.

Frequently Asked Questions

Can a VA buyer pay their own buyer's agent?

Yes, in the situations covered by VA Circular 26-24-14. The circular allows an eligible veteran to pay reasonable and customary buyer-broker charges out of pocket at closing, and a written buyer-broker agreement must be in the loan file. Confirm the current status of the circular with your VA-approved lender.

Can the buyer-broker fee be added to a VA loan?

No. Under the circular, buyer-broker charges that the veteran pays may not be financed into the loan amount. They are paid at closing and count in the veteran's cash-to-close and liquid-asset review.

Does a seller-paid buyer-broker fee count toward the VA's 4% concession limit?

No. VA stated in Circular 26-24-14 that a seller's payment of buyer-broker charges is not treated as a seller concession for purposes of the concession limit. A seller can pay the buyer's broker and still provide other concessions up to the 4 percent limit, plus the buyer's normal allowable closing costs.

What counts toward the VA's 4% seller-concession limit?

Items of value beyond the buyer's normal allowable closing costs generally count toward the cap, such as a seller-paid VA funding fee, payoff of the buyer's debts, prepaid taxes and insurance, and temporary interest-rate buydowns. Normal allowable closing costs such as title insurance, the appraisal fee, and recording fees are not counted against the limit.

Do I need a written buyer representation agreement to tour homes in Texas?

In most cases, yes. Under Texas law effective January 1, 2026, a Texas license holder working with a prospective residential buyer generally must have a written agreement before showing residential real property. If no property will be shown, the agreement is generally required before presenting an offer on the buyer's behalf.

Does the builder's sales representative represent me?

No. The builder's on-site sales representative represents the builder. If you want independent representation when buying new construction, you generally need a written buyer representation agreement with your own broker before touring or registering with a builder.

Will the builder pay my buyer's agent if I use VA financing?

Not necessarily. Builder-paid compensation is not guaranteed, and a builder's acceptance of VA financing and its incentive terms vary by builder and by community. Confirm the terms in writing before you visit a model home or register online, and note that not every builder accepts VA financing and not every incentive applies to a VA borrower.

Is VA Circular 26-24-14 still in effect?

Yes, it is current and in effect until rescinded. Because it is a temporary variance, verify its current status and terms with your VA-approved lender and work from official VA guidance rather than lender marketing materials.

Where can I learn the full VA home-buying process in North Texas?

The Military and Veterans page is the site's authority guide to buying with VA benefits in North Texas, covering eligibility, entitlement, the funding fee, appraisal, occupancy, and closing from the Certificate of Eligibility forward.

Conclusion

A VA buyer in North Texas can be represented, and the rules now make it workable whether the seller pays the buyer's broker or the veteran pays reasonable and customary buyer-broker charges out of pocket at closing under VA Circular 26-24-14. The charge cannot be financed, a written agreement must be in the loan file, and a seller-paid buyer-broker fee does not eat into the 4 percent seller-concession limit. What matters most is documenting the arrangement in writing and confirming the current VA rules with a VA-approved lender before you sign.

For the complete picture, start with the Military and Veterans page, then pair it with the VA new construction guide and the cost-of-ownership guide if you are buying in Northlake, Argyle, or a nearby community. The North Texas Real Estate Answer Center and the area guide gather the rest of this site's local resources in one place.

If you are a veteran or military family considering a move to North Texas, and you want to understand how representation, VA financing, and community selection fit together, I would welcome the chance to walk through it with you.

Sources

• U.S. Department of Veterans Affairs, VA Circular 26-24-14, Temporary Local Variance for Certain Buyer-Broker Charges: Circular 26-24-14 (PDF) (reviewed October 21, 2026).
• U.S. Department of Veterans Affairs, VA Circular 26-24-14, Change 1: Circular 26-24-14, Change 1 (PDF) (reviewed October 21, 2026).
• U.S. Department of Veterans Affairs, VA News, What real estate industry changes mean for VA home loan borrowers (reviewed October 21, 2026).
• U.S. Department of Veterans Affairs, VA home loans program overview (reviewed October 21, 2026).
• U.S. Department of Veterans Affairs, VA funding fee and loan closing costs (reviewed October 21, 2026).
• U.S. Department of Veterans Affairs, VA Pamphlet 26-7 (VA Lender's Handbook), including Chapter 10 on the appraisal process and Chapter 12 on Minimum Property Requirements: VA Pamphlet 26-7 via WARMS.

Theresa De La Rosa

Broker, REALTOR® · Covenant Heritage Realty, LLC | In DFW Living Group

Theresa De La Rosa is the founder and Broker of Covenant Heritage Realty, LLC and leads In DFW Living Group. With more than 18 years of real estate experience, she serves buyers, sellers, veterans, military and veteran clients, new-construction clients and relocating households throughout Northlake, Argyle and surrounding Denton County communities. As the wife of a U.S. Marine veteran, she brings personal understanding to the housing and relocation questions military households face. She is a Texas Real Estate Broker (License 807294), holds the Accredited Buyer's Representative (ABR) designation, is a Certified Luxury Marketing Specialist, an A.I. Certified Broker and New Construction Specialist, and an AI Listing Advantage holder, and has been recognized as a RateMyAgent Price Expert and a Million Dollar Club producer. She is not a mortgage lender, loan officer, attorney, tax adviser, appraiser, inspector, VA employee, or benefits counselor, and she is not a representative of the U.S. Department of Veterans Affairs. Learn more about Theresa and her Military and Veterans services.

Covenant Heritage Realty, LLC · 100 Plaza Place, Suite 300, #1066, Northlake, TX 76226 · Contact Theresa