# Buyer agency agreement > A written contract between a home buyer and an agent’s brokerage that sets out the agent’s duties, how long it lasts and how the agent is paid. Since August 2024, agents who use the MLS need one before touring a home with you. Also called: buyer representation agreement, buyer broker agreement, written buyer agreement, exclusive buyer agency agreement. Topic: Contracts, agents and the MLS. Since the [NAR settlement](https://brokerandagent.com/glossary#nar-settlement) practice changes took effect on August 17, 2024, agents who work through a [multiple listing service](https://brokerandagent.com/glossary/multiple-listing-service) must have one signed before touring a home with you, in person or virtually. It’s also where you and your [buyer’s agent](https://brokerandagent.com/glossary#buyers-agent) settle how much they’ll be paid and who will pay it. ## What does a buyer agency agreement include? Most agreements cover the same core terms: who the agent and brokerage are, how long the agreement lasts, the area or kinds of homes it covers, what the agent will do for you, and how it can end. Many also say whether it’s exclusive, meaning you’ll work only with this brokerage during the term. The pay terms get the most attention. Under the rules NAR adopted in its settlement, the agreement must state the amount or rate the agent will receive, or exactly how it will be figured. NAR’s consumer guide gives examples like $0, a flat fee, a percentage or an hourly rate. It can’t be open-ended or a range, and the agent can’t take more than that amount from any source, including the seller. The agreement also sets the relationship: whether the agent represents only you, and what happens if you want a home their own brokerage has listed, which can lead to [dual agency](https://brokerandagent.com/glossary/dual-agency). Your state’s [agency disclosure](https://brokerandagent.com/glossary#agency-disclosure) explains the options where you live. ## When do you have to sign one? Before you tour a home with an agent who belongs to an MLS. NAR’s guide says this applies to tours in person or virtual. You don’t need one to walk into an open house on your own or to ask an agent about their services. The requirement comes from NAR and MLS rules, and state law can add its own terms, so the form you see depends on where you buy. Ask for a copy ahead of your first tour so you have time to read it. ## Who pays the buyer’s agent? You’re responsible for what the agreement says you’ll pay. But a seller can still agree to cover some or all of it. NAR’s guide says buyers can still request, negotiate for and receive compensation for their agent from the seller or the listing agent. That request usually goes in your [offer](https://brokerandagent.com/glossary#offer). You might ask the seller to pay your agent’s fee directly or to give a [seller concession](https://brokerandagent.com/glossary/seller-concessions) toward your costs. If the seller agrees to less than your agreement promises, the agreement should say whether you owe the difference. What these offers can’t do anymore is appear on the MLS. Since August 17, 2024, [offers of compensation](https://brokerandagent.com/glossary#cooperative-compensation) to buyer brokers have to be made off the MLS. ## Can you negotiate or cancel a buyer agreement? Yes, the terms are negotiable. [Commissions](https://brokerandagent.com/glossary/real-estate-commission) aren’t set by law, and you can ask for a shorter term, a smaller area, a single property or a different fee before you sign. Read the termination section closely. Some agreements let either side end it with written notice; others run to a set end date. Some include a protection period: if you buy a home the agent showed you within a set time after the agreement ends, you may still owe the fee. This is general information. For questions about a specific agreement, talk to a real estate attorney or your state real estate commission. ## Common mistakes - Thinking the seller always pays your agent. You owe what the agreement says unless the seller agrees to pay. - Signing without reading the term, the end date and any protection period. - Assuming there’s a standard fee. It’s negotiable, and the agreement must state a specific amount or rate. - Believing you need an agreement to visit an open house on your own. You don’t. ## Questions ### Do I have to sign a buyer agreement to see a house? If an agent who belongs to an MLS is showing you the home, yes: they need a written agreement before the tour, in person or virtual. Visiting an open house on your own doesn’t require one. ### Can I ask the seller to pay my agent? Yes. You can request it in your offer, either as a direct payment to your agent or as a concession toward your costs. The seller can agree, decline or counter. ### Can my agent be paid more than the agreement says? No. Under the NAR settlement rules, an agent working with a buyer can’t receive more from any source than the amount or rate in the written agreement. ### Does signing mean I can only work with one agent? Not always. Some agreements are exclusive for a term, while others are non-exclusive or cover only certain homes. The document will say which. ## Related terms - [Buyer’s agent](https://brokerandagent.com/glossary#buyers-agent): The agent who represents the buyer in a home purchase: finding homes, arranging tours, writing and negotiating the offer, and guiding the deal to closing. Their pay and duties are set in a written agreement with the buyer. - [NAR settlement](https://brokerandagent.com/glossary#nar-settlement): NAR’s 2024 settlement of lawsuits over agent commission rules. Since August 17, 2024, offers of buyer-agent pay can’t be made on the MLS, and agents working with a buyer through the MLS need a written agreement before touring a home. - [Real estate commission](https://brokerandagent.com/glossary/real-estate-commission): The fee a brokerage earns for helping you buy or sell a home, usually a percentage of the sale price or a flat amount. Commissions are negotiable and are not set by law or by any association. - [Cooperative compensation](https://brokerandagent.com/glossary#cooperative-compensation): Pay that a listing brokerage or seller offers to the brokerage that brings the buyer. Since August 17, 2024, these offers can’t appear on the MLS, but sellers can still agree to them off the MLS or in the deal. - [Agency disclosure](https://brokerandagent.com/glossary#agency-disclosure): A written notice that explains the kinds of relationships you can have with a real estate agent, whom the agent represents and what duties they owe you. State law sets the form and when you get it, usually early on. - [Fiduciary duties](https://brokerandagent.com/glossary#fiduciary-duties): The legal duties an agent owes the client they represent, commonly listed as obedience, loyalty, disclosure, confidentiality, accounting and reasonable care. State law sets the exact list, and some roles carry fewer duties. ## Sources - [NAR: Consumer guide to written buyer agreements](https://www.nar.realtor/the-facts/consumer-guide-written-buyer-agreements) - [NAR: Settlement FAQs](https://www.nar.realtor/the-facts/nar-settlement-faqs) - [NAR: What the settlement means for home buyers and sellers](https://www.nar.realtor/the-facts/what-the-nar-settlement-means-for-home-buyers-and-sellers) Checked 2026-10-02 by the Broker & Agent team. General information, not legal, tax or lending advice. Source: https://brokerandagent.com/glossary/buyer-agency-agreement