It is a situation that surprises many Expat home sellers. A property is listed under a standard exclusive agreement, typically with a 6% commission split between the listing agent and a buyer’s agent. Then, outside the usual marketing channels, the seller personally finds a buyer — a neighbor, acquaintance, or someone who noticed the property independently. When the seller informs the listing agent, a common reaction follows: confusion or frustration over why the agent still expects a commission close to the original amount, often around 5%.
At first glance, the concern seems reasonable. If the agent did not introduce the buyer, why should most of the commission still apply? In Mexico, however, the answer lies less in who located the buyer and more in how real estate transactions are structured, what legal responsibilities are involved, and where the bulk of the professional work actually occurs.
How real estate transactions typically work in Mexico
Most properties in Mexico are sold under an exclusive right-to-sell agreement. Under this structure, the agent is entitled to a commission regardless of who ultimately identifies the buyer. This model reflects the upfront investment made by the agent — including marketing, photography, advertising, and time spent preparing and positioning the property — as well as their role as transaction manager once a buyer emerges.
In a conventional transaction, the commission is split between two agents, commonly 4% each. When no buyer’s agent is involved, many listing agents reduce the total commission to around 5%. That reduction does not reflect a reduced role; rather, it accounts for the absence of commission sharing while recognizing that one agent is now handling both sides of the transaction.
Finding a buyer versus closing a transaction
Identifying a buyer is only one step in the sale process, and often not the most demanding one. The majority of the work — and nearly all of the legal exposure — begins after a buyer is identified.
On the seller’s side, the agent advises on pricing strategy, prepares market analysis, markets the property, manages inquiries and showings, and filters serious prospects from casual interest. Once a buyer is involved, the agent’s responsibilities increase significantly: negotiating terms, reviewing or drafting the offer, coordinating with attorneys and the notary, verifying ownership documents, confirming taxes and utility accounts, addressing HOA requirements, opening and managing escrow, and ensuring compliance with anti–money laundering regulations.
Each of these steps requires accuracy and coordination. Errors or omissions can delay closing or create legal and financial consequences for the seller.
Acting for both seller and buyer
When the seller introduces the buyer, the listing agent typically assumes the responsibilities of a buyer’s agent as well. This includes explaining the Mexican purchase process, clarifying closing costs and taxes, coordinating inspections or surveys, guiding the buyer through escrow procedures, and ensuring that deadlines and contractual obligations are understood and met.
For foreign buyers, this role may also involve explaining RFC requirements, fideicomiso structures in restricted zones, and other administrative steps that are unfamiliar to non-residents. The agent must keep both parties aligned while remaining transparent, organized, and compliant with legal requirements.
Although the notary public validates the legality of the transaction, the notary does not manage negotiations, timelines, or day-to-day coordination. In transactions without a buyer’s agent, that responsibility rests entirely with the listing agent.
Risk and professional liability
Another factor often overlooked is liability. The listing agent is responsible for the accuracy of information presented, the coordination of professionals involved in the transaction, and the timely completion of contractual steps. If complications arise — such as missing documentation, unpaid municipal accounts, or misunderstandings about escrow or closing costs — the agent is expected to resolve them.
The commission compensates not only for time and expertise, but also for the risk assumed throughout the transaction.
Why the commission remains substantial
Some sellers feel that locating their own buyer should result in a much lower fee. From a workload perspective, however, the opposite is often true. In a traditional 8% transaction, the listing agent receives only half of that amount. When the seller brings the buyer, the agent typically earns 5% but performs the work of both agents.
Removing professional representation entirely can introduce significant risk, particularly in a system where local documentation, municipal records, and legal procedures vary widely. Issues such as incorrect property registrations, unpaid utilities, or underestimated closing costs are common sources of delay and conflict. An experienced agent’s role is often preventative as much as procedural.
What the commission ultimately represents
In practice, the commission is not primarily a payment for finding a buyer. It is compensation for managing a complex, regulated transaction from negotiation through closing, while protecting both parties’ interests. Viewed through that lens, the reduced 5% commission reflects the scope of services provided rather than a fee tied to marketing success alone.
Whether sellers feel that structure aligns with their expectations is a personal decision, but understanding how the system operates helps explain why the commission does not disappear simply because the buyer arrives through an unexpected path.