Real Estate
You find a house online that looks promising.
The kitchen checks the boxes. The location works. Even the closet looks surprisingly decent.
You message a real estate agent and ask to see it. Then, instead of immediately confirming the showing, the agent sends you an agreement to review and sign.
Wait, what?
You only asked to walk through a house. Why does this suddenly feel like a major commitment?
It is a completely reasonable question. Let’s break down what the agreement means, why you are being asked to sign it, and what you should understand before putting your name on anything.
A written buyer agreement outlines the working relationship between you and the real estate professional helping you purchase a home.
It should explain what services the agent will provide, how long the agreement lasts, how the agent may be compensated, and what responsibilities each person has.
Beginning August 17, 2024, many real estate professionals who participate in an MLS became required to have a written agreement with a buyer before touring a home together. The requirement applies to both in-person showings and live virtual tours.
This does not mean you are being asked to make an offer on the home.
It also does not necessarily mean you are committing to one agent indefinitely.
It means the relationship and expectations should be discussed before the agent begins privately touring properties with you.
Buyer agreements are not entirely new.
Some states and brokerages used them long before the nationwide real estate practice changes went into effect. For buyers in other areas, however, being asked to sign something before a showing may feel unfamiliar.
The goal is greater transparency.
Rather than waiting until you are preparing an offer or approaching closing to discuss representation and compensation, those conversations now happen earlier.
That can feel awkward at first, but it gives you an opportunity to understand exactly who is helping you, what they will do, and how they may be paid.
A buyer agreement should not simply be placed in front of you with a request to “sign here.”
At a minimum, you should understand several important points.
What will your agent do for you?
Touring homes is only one part of a buyer agent’s job.
Depending on your agreement and the services offered, your agent may also:
The agreement should help clarify what you can expect from the agent throughout the process.
How long will you work together?
Buyer agreements do not all have the same timeline.
An agreement might cover one property, a short period, or a longer home search. The length should be clearly stated and discussed before you sign.
The services, duration, and compensation in a written buyer agreement are negotiable.
Do not assume you must accept the first version presented to you. Ask whether the terms match the stage you are currently at in your home search.
Is the agreement exclusive?
Some agreements may establish an exclusive relationship with the brokerage or agent. Others may be more limited.
If the agreement is exclusive, ask what that means in practical terms.
Would you be expected to work only with that brokerage? Does the agreement cover every property or only certain types of homes or locations? What happens when you attend an open house or find a property on your own?
These are questions to ask before signing, not after you have already found the house you want.
How will your agent be compensated?
This is one of the most important sections to understand.
Real estate professional compensation remains negotiable and is not set by law. The compensation stated in the buyer agreement should be clearly defined rather than written as an open-ended amount or range.
Signing an agreement does not automatically mean you will pay the entire amount directly out of pocket.
Depending on the transaction, the seller or listing brokerage may agree to contribute toward the buyer agent’s compensation. A buyer may also request compensation as part of an offer. However, the outcome can vary from one property and negotiation to another.
Ask your agent to explain what could happen under different scenarios.
For example:
You should understand the possibilities before touring homes, not discover them when you are emotionally invested in a property.
Generally, yes.
When you independently attend an open house and speak with the agent representing the seller, you are not required under the NAR practice change to sign a written buyer agreement simply to walk through the property or ask about the agent’s services.
You can walk in, inspect the pantry, evaluate the closet space and, depending on the open house, grab the cookie.
Just remember that the agent hosting the open house may represent the seller rather than you. Be thoughtful about the information you share regarding your budget, motivation, timeline, or negotiating position.
The written buyer agreement usually becomes relevant when your own real estate professional is working with you and arranging an in-person or live virtual tour.
Before signing, look for the section explaining termination or cancellation.
Ask:
An agreement may contain specific conditions for changing or ending the relationship. The buyer and real estate professional may also mutually agree to modify its terms.
Do not rely only on a verbal promise that canceling will be easy. Make sure the written agreement reflects what you were told.
A buyer agreement should create clarity, not pressure.
You should never feel rushed into signing something while standing outside a property because the showing begins in five minutes.
Take the time to read it. Ask questions. Discuss the length, services, exclusivity, compensation, and cancellation terms.
A good agent should be able to explain every section in plain English without becoming defensive or hiding behind legal language.
You should be able to answer four basic questions before signing:
What is my agent agreeing to do?
What am I agreeing to do?
How could my agent be paid?
How can this agreement be changed or ended?
If those answers are unclear, keep asking questions.
Being asked to sign a buyer agreement does not mean you should panic or stop looking at homes.
It means an important conversation about representation, expectations, and compensation needs to happen earlier in the process.
That conversation can protect everyone involved when it is handled clearly and honestly.
The paperwork should not be treated as a meaningless formality, but it should not be used to intimidate you either.
Before your next private showing, review the agreement carefully and make sure you understand what you are signing. Requirements and available forms may vary by state, local law, MLS, and brokerage policy, so speak with your real estate professional or an attorney about questions specific to your situation.
Buying a home is already a major decision. Choosing who will guide you through it deserves more than a rushed signature.
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