Real Estate Buyer Agency Agreement: How to Present It, Explain It, and Get It Signed

Parties and Property Type

Names the buyer(s) and the brokerage. May specify the type of property being sought (residential, condo, land) to scope the representation appropriately. Clarifying this upfront prevents future disputes about whether the agreement applies to a specific property type the buyer pursues independently.

Geographic Scope

Defines the area where the agreement applies. An agreement covering all of Los Angeles County is different from one covering three specific cities. Geographic scope can be negotiated — and limiting it strategically can help buyers who are unsure about their target area feel less 'locked in.'

Duration

The agreement has a start and end date. Standard durations range from 30 days (for buyers who need to see one or two properties quickly) to 90 days for most buyer relationships. Some agents use 6-month agreements with active buyers early in their search.

Compensation Structure

The most important section post-NAR settlement. This is where the agent's fee is defined — either as a flat fee, hourly rate, or percentage of the purchase price. The agreement must specify how compensation is handled if the seller offers a buyer's agent commission versus if they do not.

Exclusivity Clause

Most standard agreements are exclusive — the buyer agrees to work with this agent (and only this agent) for properties that fall within the agreement's scope and duration. This is the clause buyers most commonly push back on, and the one agents must be most prepared to explain.

Present the agreement during the buyer consultation before you discuss specific properties. Never try to get it signed at the door of a listing — that is the worst possible context for a first-time document introduction.

Position it as a buyer-protection document, not an agent-protection document. 'This agreement means I have a legal obligation to represent your interests exclusively — I can't work for the seller, I can't share information that harms you, and everything I do is in service of getting you the best outcome.' That is accurate and compelling.

'Before we start looking at homes, I use a simple agreement that establishes me as your agent. It protects you legally and ensures you get my full attention and advocacy throughout the process. It takes about 5 minutes to walk through — I'll explain every part before you sign anything.'

"I just want to see one house."

"I understand — and we can make this work. I can structure our agreement so it covers just this property or a short window of time. But I do need something in writing before we walk through the door — it's a legal requirement now in most markets, and it also means I'm fully committed to your side of the deal the moment we step inside."

"I don't want to be locked in."

"That's fair — no one wants to feel trapped. Here's the thing: this agreement protects you more than it protects me. If I'm not delivering value, most agreements have a mutual release provision. What I'd suggest is a 30-day agreement so you can see how I work before committing to a longer engagement."

"Who pays your fee?"

"In most transactions, the seller pays the buyer's agent commission as part of the sale — it is built into the seller's proceeds. If the seller doesn't offer a buyer's agent commission, we will discuss how to handle that. The agreement spells out exactly how it works so there are no surprises."

"My last agent didn't make me sign one."

"That was the standard practice before August 2024 — most agents operated without a written agreement. The rules changed and now a written agreement is required before showings. The good news is that formalizing it benefits you: you now have an agent who is legally obligated to represent your interests, not just someone helping you look at homes."

Shorter Duration

A 30-day agreement is a legitimate starting point for hesitant buyers. It demonstrates confidence in your service and removes the 'trapped' fear. After 30 days of strong representation, most buyers voluntarily extend. Frame it as a trial period: 'Let's spend 30 days together and you'll see exactly how I work.'

Limited Geography

If a buyer is exploring multiple markets or is genuinely unsure where they want to be, limiting the agreement to one or two target cities preserves their flexibility while formalizing the relationship in the area you are actively working together.

Compensation Flexibility

In a post-NAR world, compensation language needs to be clear but can be structured to address the buyer's concern about paying out of pocket. Be transparent about how seller-offered commissions work and what happens when they don't — and document it clearly in the agreement rather than leaving it ambiguous.