How to Choose a Buyer's Agent in the East Bay: What to Ask Before You Sign in 2026
How do I choose a buyer's agent in the East Bay?
Choose a buyer's agent in the East Bay by interviewing at least two or three agents and asking specifically how many buyer-side transactions they've closed in your target cities in the past 24 months. Under California's AB 2992, you'll be required to sign a buyer-broker agreement before seeing any home — so read what's in that agreement before you commit. Avoid agents who routinely represent both buyers and sellers on the same property (dual agency): California law prohibits them from disclosing the seller's price floor or motivation to you, which significantly limits their ability to negotiate on your behalf.
By Michael Delehanty — Delehanty Group | DRE #01505346 | June 29, 2026
The most common mistake East Bay buyers make isn't overpaying for a home. It's signing a buyer-broker agreement — before they've seen a single property — with an agent they met once at an open house and never really vetted.
That's the reality in 2026. Under California's AB 2992, which took effect January 1, 2025, your buyer's agent is required to have a signed representation agreement with you before, or at the very latest, when you submit an offer. Many agents now require it before your first showing.
This is a fundamentally different world from even two years ago. You're committing to a working relationship before you've spent a single afternoon looking at homes. Which means the agent you pick matters more now than it ever has — and picking without asking the right questions is how buyers end up represented by someone who barely knows the market they're searching in.
Here's how to get it right.
What's Actually Different in 2026
Two things changed for East Bay buyers in the last 12–18 months, and if you walk into your agent search without understanding them, you'll be making decisions in the dark.
The buyer-broker agreement is now mandatory. Under AB 2992, every California buyer's agent must have a signed representation agreement that spells out exactly what services they'll provide, how they'll be compensated, how that compensation gets paid, and when the agreement expires. The cap for individual buyers is 90 days — but you can negotiate shorter terms, and you should if you're not yet sure you want to commit to a specific agent for that long.
When you meet with an agent and they hand you a form to sign before they'll show you anything, that's not them being aggressive — it's the law. But it's also your best opportunity to read carefully and ask questions before you're three showings in and emotionally invested in a property.
The seller no longer automatically pays your agent. The 2024 NAR settlement removed the requirement that sellers advertise buyer-agent compensation on the MLS. Today, it's negotiated in the purchase contract — typically as a seller concession. Most East Bay sellers still cover the buyer's agent (roughly 92% nationally do, based on current data), but it's handled deal by deal now, not assumed upfront.
What this means for you: the agent you choose needs to know how to structure the compensation ask in a way that doesn't weaken your offer. In a market where Walnut Creek homes are going under contract in 12–14 days on average, a clumsy commission conversation can cost you a deal.
If you want to understand the buyer-broker agreement in detail before meeting with anyone, I've covered that in a dedicated post on AB 2992 and the California buyer-broker agreement. Worth reading before you sit down with anyone.
The Questions That Actually Reveal Whether an Agent Knows This Market
Anyone can say they're a "top producer" or that they "know the East Bay." What separates agents here isn't credentials — it's specificity. The right questions surface that quickly.
Ask for closed buyer transactions in your target cities in the past 24 months. Not total volume. Not team production. How many buyers did they personally represent, in Walnut Creek (or Concord, or Danville, or wherever you're looking), in the last two years? Five or fewer is a yellow flag in 2026. Ten or more in your specific target area is a genuine signal they're actively working that market.
Ask how they review disclosure packages. Here's something out-of-area agents get wrong constantly: in the East Bay, sellers typically secure their own property inspections before coming to market, and buyers are expected to use those reports rather than ordering their own. An agent who doesn't know this convention will either slow your transaction by pushing for a buyer inspection contingency that most sellers here won't accept, or they'll hand you a disclosure package and say "let me know if you have questions" without actually reviewing it with you.
Ask specifically: "Walk me through how you review a disclosure package. What do you flag for buyers?" The answer should be specific — items they look for, issues they've caught, situations where they recommended walking away. Generic answers like "I review everything carefully" are a tell.
Ask about their recent offer rejections. You learn more from how an agent processes a loss than a win. Do they understand why offers didn't land? Can they explain current list-to-offer ratios in your target neighborhoods? Are they paying attention to when listing agents in Walnut Creek or Pleasant Hill are collecting and reviewing offers?
My background as a contractor — 15 years running a construction firm across the East Bay before I became an agent — shapes how I approach disclosure packages and property walkthroughs. When I'm reviewing a home with a buyer, I'm looking at things that won't show up in the inspection report for another week. That kind of knowledge doesn't come from a real estate license; it comes from having rebuilt thousands of homes in this region. It's worth asking any agent you interview: what do you bring to this process beyond the transaction mechanics?
Ask directly: do you represent sellers too? And: "If I fall in love with a listing where you also represent the seller, what happens?" We'll cover why this matters in a moment — but ask it upfront, and pay close attention to how directly they answer.
Ask who covers for them if they're unavailable. A well-priced home in Walnut Creek or Danville doesn't sit for a week waiting for your agent to come back from vacation. If their backup coverage plan is vague, that's a real problem in this market.
Dual Agency — The East Bay Risk Most Buyers Don't Know About
Dual agency is legal in California. It's also one of the most buyer-unfavorable situations you can find yourself in — and it's more common than most buyers realize, particularly in competitive East Bay neighborhoods where listing agents actively reach out to buyers who've expressed interest in their properties.
Here's what it means: your buyer's agent also represents the seller on the same transaction. You've both signed with the same agent, or with two agents from the same brokerage.
California Civil Code sections 2079.13 through 2079.21 require written disclosure and consent from both parties before this can happen. What the law cannot fix is the underlying conflict: a dual agent is legally prohibited from disclosing the seller's motivation, their price floor, or any confidential information about what they'd actually accept. They can't tell you:
- How long the seller has been carrying the property
- Whether they've had previous offers fall through
- What their actual bottom line is
- Which contingencies the seller is most likely to accept or push back on
That's exactly the information you need to negotiate effectively — and in a dual agency situation, you don't get it.
In the East Bay, listing agents frequently call or email buyers who've toured their listings, offering to "help them write an offer." It looks helpful. It's the moment to be most careful. If your agent calls you about a listing they represent, either work with a different agent on that property or go into it with full awareness that you're operating without complete advocacy.
The clearest red flag in an agent interview: when you ask about dual agency and the answer is vague, dismissive, or pivots immediately to how "it happens all the time and it's fine." It does happen. Whether it's fine for you is the question.
My approach is straightforward — I represent buyers or sellers on a given transaction, not both. That's not a policy I advertise, it's just how I think the job works when you're actually trying to get someone the best outcome possible.
Understanding how agents are compensated in the current market is part of this picture too. I've covered the full post-NAR commission structure — how real estate commissions work in Walnut Creek in 2026 — if you want the full breakdown before you start interviewing agents.
None of this is complicated once you know what to look for. The East Bay is a fast, competitive market — homes in Walnut Creek are selling in around 12 days on average right now — but buyers who come in prepared, with the right agent behind them, close at better terms than buyers who just take whoever's available.
If you're starting your home search in Walnut Creek or anywhere in the East Bay, I'm happy to have that initial conversation before you sign anything. No pitch — just a clear picture of how the current market works and what to expect from the process.
Text or email me directly — (510) 697-3900 or michael@delehantyre.com — and we'll figure out if we're a good fit.
Frequently Asked Questions
Do I have to sign a buyer-broker agreement before seeing a home in California?
Yes. Under California AB 2992, which took effect January 1, 2025, your buyer's agent is required to have a signed representation agreement with you before — or at the very latest, when — you submit an offer. In practice, most East Bay agents now ask you to sign before your first showing. The agreement must specify the agent's compensation, the services they'll provide, and a clear expiration date (capped at 90 days for individual buyers).
Who pays the buyer's agent in the East Bay in 2026?
The seller no longer has to advertise buyer-agent compensation on the MLS following the 2024 NAR settlement. In practice, most East Bay sellers still cover the buyer's agent — typically as a concession in the purchase contract — but it's negotiated deal by deal, not assumed. Your agent's compensation should be specified in your buyer-broker agreement before you tour any properties. If a seller doesn't offer to cover your agent, you'll need to either negotiate it into the offer or pay your agent directly.
What is dual agency and should I avoid it when buying a home?
Dual agency is when one agent (or two agents from the same brokerage) represents both the buyer and seller in the same transaction. California law permits it with written consent from both parties, but it creates a significant conflict of interest: a dual agent cannot legally disclose the seller's price floor, motivation, or confidential strategy to the buyer. Most real estate attorneys advise buyers to avoid dual agency unless they fully understand the limitations and accept reduced representation.
How do I verify a real estate agent's license in California?
You can verify any California real estate agent's license status, history, and any disciplinary actions through the Department of Real Estate at dre.ca.gov. Search by name or license number. It takes two minutes and tells you when they were licensed, whether their license is active, and whether any complaints have been filed.
What should I look for in a buyer's agent in the East Bay specifically?
Beyond general competence, look for East Bay-specific knowledge: familiarity with the seller-provided inspection convention (sellers here provide reports before listing), experience with the Contra Costa County escrow and title process, and a track record of closed buyer transactions in your specific target neighborhoods — not just the broader Bay Area. In a market where homes go under contract in 12–14 days, your agent's responsiveness and offer strategy are as important as their local knowledge.
About Michael Delehanty — Delehanty Group | DRE #01505346
Michael Delehanty is a Walnut Creek-based real estate agent with Compass, specializing in buying and selling homes across the East Bay — including Walnut Creek, Concord, Pleasant Hill, Danville, Orinda, and the surrounding communities.
Before becoming a real estate agent, Michael spent 15 years running his own contracting firm in the East Bay, working on thousands of homes and major projects across the Bay Area. That hands-on construction background gives his clients a distinct advantage: when Michael walks through a property, he sees what most agents simply can't. From structural details to renovation potential, his experience translates directly into sharper pricing, smarter negotiation, and fewer surprises at the inspection table.
Michael has been a licensed Realtor since 2005, bringing more than 20 years of experience to every transaction. He has successfully guided clients through complex situations including short sales, bank-owned properties, investment transactions, and competitive multiple-offer scenarios. Whether you are a first-time buyer, a move-up seller, or an investor, Michael brings the market knowledge and problem-solving skills to get deals done.
What sets Michael apart is his deep roots in this community. He has lived in Walnut Creek for nearly 30 years and is genuinely invested in the people here — not just the properties. He served four years as Auction Chair and Athletic Boosters President at Las Lomas High School, and has been a member of a local book club for eight years. His two daughters grew up here, attending Las Lomas before going on to the University of Washington and Cal Poly San Luis Obispo. When Michael helps you buy or sell a home in Walnut Creek or the surrounding East Bay communities, he is not just doing a transaction — he is working in the neighborhood where he has built his own life.
michael@delehantyre.com | (510) 697-3900 | michaeldelehanty.com
