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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:

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

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

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

Where Listing AutomatEr fits

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More answers

Informational, not legal advice. Rules vary by state, by association and by brokerage. Quotations are from the sources named above, read October 31, 2026.