For licensed agents
What is a buyer representation agreement?
It is a written agreement that sets out what an agent does for a buyer, how the agent is paid and how long it lasts. NAR asks for one before touring a home. Your state decides the rest, so pick yours below.
Since August 2024 NAR has called for a written agreement before an agent tours a home with a buyer, so agents now have to explain one in plain words. You will also see it called a buyer broker agreement, a buyer agency agreement or an exclusive right to buy.
What it has to say
NAR lists these terms for a written agreement with a buyer:
- The amount or rate of any compensation, specified and conspicuously disclosed.
- Compensation that is objectively ascertainable and not open ended.
- A statement that the agent may not receive more from any source than the amount agreed with the buyer.
- Conspicuous language that broker commissions are not set by law and are fully negotiable.
- Any provisions required by law.
Your brokerage's form will carry those and more: who the parties are, the term, the duties, and how the relationship ends.
When you need one
NAR says an agent working with a buyer needs a written agreement before touring a home, in person or by live virtual tour. Real Estate News quoted NAR's counsel on what triggers it: "it would not be triggered if no one actually toured a home." Answering a question about a home in Messenger is not a tour, as we read it. As we read it, that is a rule of NAR and its member associations, not a state license statute, so your state comes next.
What your state says
Arizona's statute, A.R.S. 32-2151.02, says every written employment agreement must be in clear language, set out all material terms including broker compensation, show start and end dates, and be signed by all parties. It then says:
A real estate employment agreement is not required for a licensee to represent a party in a transaction.
So the statute does not make a signed agreement a condition of representing a buyer. Your brokerage and NAR's rule may still ask for one. Your brokerage supplies the form.
Source: Arizona Department of Real Estate, 2026 Law Book. We did not review Arizona brokerage form requirements.
House Bill 26-1426 took effect August 12, 2026. The Division of Real Estate says brokers "will no longer be able to perform licensed duties without a written agreement (i.e. a listing contract)." Its August 12 advisory adds that "Only a Listing Contract is sufficient," and that a compensation agreement alone "is not sufficient to establish a brokerage relationship."
For a buyer, the state form is the Exclusive Right to Buy Listing Contract. The same advisory says licensed duties do not include showings, holding open houses or completing a market analysis, and the Division says neither showing property nor hosting an open house would require a signed listing contract with a consumer.
Before you sign anyone, confirm with your managing broker which form your brokerage uses. The Division’s Autumn 2026 newsletter says the Commission approved contract and form updates with a January 1, 2027 effective date, and we did not read the redlines. We could not verify whether answering a Marketplace message counts as a licensed duty there.
Sources: Division of Real Estate, Summer 2026 newsletter (July 20, 2026); Broker Advisory on signed listing agreements (August 12, 2026). We read these, not the text of the bill.
Read more: Does Colorado require a signed buyer agreement now?
How to explain it to a buyer
Buyers push back on a form they do not understand, so explain it before you hand it over. Say what it covers, what it costs, how long it lasts and that the terms can be negotiated. Something like this, in your own words:
Before we tour, I need a short written agreement. It says what I do for you, how I get paid and how long it lasts. Commissions are not set by law, so we can talk about any of it. It can be as narrow as the homes we see together.
Only offer what your brokerage allows. Read the last line against your state above before you use it.
Can it cover just one tour?
NAR's counsel said "The settlement does not limit what types of arrangements you can offer," and Real Estate News reported that touring agreements are allowed as long as they include the required compensation terms. State law can be narrower, so check your state above and ask your broker.
How a buyer gets out of one
There is no general rule. The agreement's own term and termination language controls, which is why the end date and the exit are worth reading aloud before anyone signs. If a buyer asks to leave, take it to your managing broker.
What we could not verify
- Any state other than the ones in the selector.
- How your brokerage applies NAR's rule. Your broker will know.
- Whether a given narrow agreement satisfies your state. Ask before you offer one.
Common questions
What is a buyer representation agreement?
A written agreement between a buyer and an agent's brokerage that sets out the work, the compensation and the term. It is also called a buyer broker agreement or a buyer agency agreement.
Is a buyer agreement required by law?
It depends on the state. NAR requires a written agreement before touring a home, and state law may ask for more or less. Pick your state on this page, or ask your managing broker.
Do I need one before answering a buyer's message?
Not under NAR's rule as its counsel described it, because the rule is triggered by a tour. Other obligations still apply, including your state's agency disclosures.
What must the agreement say about compensation?
NAR says it must specify and conspicuously disclose the amount or rate, the amount must be objectively ascertainable, and the agent may not receive more than the amount agreed.
Can a buyer cancel a buyer agreement?
The agreement's own terms control. Read the end date and any termination clause, and take the question to your managing broker.
Read the sources yourself
- NAR, Written buyer agreements 101
- Real Estate News, Buyer agreement questions? NAR lawyer has answers (February 3, 2025)
Where Listing AutomatEr fits
Listing AutomatEr is a desktop app for Mac and Windows that posts the listings you have permission to market to Facebook Marketplace on a schedule. It takes no cut of a commission. It does not get the permission for you, and it does not decide whether a post meets a rule.
Watch the demo · Current price and trial length are on the pricing page. Cancel anytime.
More answers
- What do I say when a Marketplace message asks about a listing that is not mine?
- How to respond to Is this still available?
- How much is a referral fee in real estate?
- How to get buyer leads as a realtor
Informational, not legal advice. Rules vary by state, by association and by brokerage. Quotations are from the sources named above, read October 31, 2026.