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So the first thing I'd do if I were you in your shoes is call the FSBO and say you are represented by a real estate agent, and ask if they will cooperate.

Or if you're in a really hot market, you can just write up an offer that contains a clause saying "$3000 will be paid by seller to XYZ agency at close" (or something similar).
Your agent can write that into the offer for you. He might be a little nervous about it because:

A> FSBO may not want to take an offer where they pay commission - however most don't really care - they just want to maximize the $ they walk away with, and that may still be your offer.

B> your agent will have to probably do a little more leg work. Lining up inspections, answering the sellers questions and making them comfortable that everything is going OK, etc.


I bought a FSBO, with an agent on my side - as part of my offer it said he'd get a flat fee of $X.

So the sellers probably looked at my offer and the other offers and said: "$170K from this person, or $218K but a $4k commision from that one... Dear, I think we'll go with the $218K. We still get to walk away with $214K, and their agent will take care of some things for us."
(numbers altered slightly, but you get the idea.)

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