How to Fill Out a Buyer Representation Agreement Correctly

To fill out a buyer representation agreement correctly, work through each field in order: the legal names of the parties, the start and end dates, the geographic area of your search, the property types covered, the compensation amount and who pays it, the type of agency relationship, and the protection period after the agreement ends. Since August 17, 2024, an agent who uses a Multiple Listing Service must have this contract signed with you before touring any home, so getting the details right the first time matters.¹

Start With the Right Form

Most buyers receive the agreement directly from their agent’s brokerage. Because real estate law varies by state, the templates are typically developed by your state or local association of REALTORS so that all required disclosures are present and the language complies with local rules.² Before you fill in anything else, confirm three items are on the page: a specific compensation amount or rate, a cap prohibiting your agent from receiving more than that amount from any source, and a prominent statement that broker fees are fully negotiable and not set by law.³ If any of the three is missing, ask for a compliant form.

Standard forms include checkboxes for the type of property covered: residential, commercial, land, or other categories. Check only what applies. If you’re only looking for a single-family home, mark residential alone. If your search includes investment property or vacant land, check those boxes too so the agreement covers your full plans.

Names of the Parties

Enter your full legal name as it appears on your government-issued identification, not a nickname or shortened version. If you’re buying with a spouse or partner, both names go on the form. On the brokerage side, use the formal business name of the firm, not just your individual agent’s name. The contract is between you and the brokerage, and if a dispute later arises over commission, protection-period claims, or termination, incomplete or incorrect names can complicate matters.

Start Date, End Date, and Duration

Every buyer agreement must specify when it begins and when it ends, and the length is negotiable like every other term.⁴ Some buyers and agents agree to a period as short as a single showing; others set a window of several months. A shorter term gives you more flexibility to switch agents if the fit is wrong. A longer term encourages the agent to invest more time in your search.

A useful reference point is your mortgage pre-approval letter, which generally remains valid for 30 to 90 days depending on the lender.⁵ Aligning the two timelines avoids a stretch where the agreement is active but your financing has expired.

Geographic Area

The form has a field for the geographic area where the agent will represent you. Define it as broadly as an entire metropolitan area or as narrowly as specific zip codes or school districts. Clear boundaries keep your agent focused on the areas you actually want, and they prevent overlap if you’re also working with a different agent in another market under a separate non-exclusive agreement.

If your search spans several counties, write each one into the geographic field. Being specific here avoids later arguments about whether a home you found on your own falls inside or outside the agreement’s scope.

Compensation

The compensation section is the most consequential part of the form. You’ll typically see fields for a percentage of the purchase price, a flat dollar amount, or both. The form may offer:

A percentage of the sale price, the most common structure, written as a specific percentage of the final purchase price.
A flat fee, a set dollar amount regardless of the home’s price.
A retainer fee, paid upfront when you sign. Some agreements credit the retainer toward the total commission at closing; others treat it as non-refundable if no transaction closes.⁶

Whatever number you write in, the settlement rules require a compensation cap. Your agent cannot accept compensation from you, the seller, or any other source that exceeds the amount or rate in this section.³ If a seller offers more than your agreed rate, the excess should be negotiated to benefit you rather than going to the brokerage. The form must also state conspicuously that all fees and commissions are negotiable and not set by law.¹

Who Pays

The agreement should specify who is responsible for the fee. The compensation section typically allows the buyer to pay, the seller to pay, or both to split the cost.⁶ Many sellers still offer to cover the buyer’s agent fee as part of their listing terms. If the seller’s offer is lower than the rate you agreed to, you owe the difference at closing. For example, if your agreement sets a 2.5 percent commission and the seller offers 2 percent, you’re responsible for the 0.5 percent gap.

Seller concessions can sometimes offset part of the obligation, but they primarily go toward closing costs like appraisal fees, title search costs, and loan origination charges. Whether concession funds can specifically cover your agent’s commission depends on the terms you negotiate in your purchase offer and the rules of your loan program.

If You’re Using a VA Loan

A temporary rule currently allows VA buyers to pay reasonable buyer-broker charges, including commissions, out of pocket, though those amounts cannot be rolled into the loan balance.⁷ The variance has been in effect since August 2024 and remained active as of early 2026.⁸ The seller is still permitted to pay the agent’s fee, so VA buyers should confirm how the compensation section is filled out and structure the purchase offer to request seller-paid commission whenever possible.

Type of Agency Relationship

The form asks you to check a box for the type of agency. Two arrangements are standard:

Exclusive representation. You agree to work only with the named brokerage for the duration of the contract. This is the most common arrangement and gives both sides a clear commitment.
Non-exclusive representation. You can work with more than one agent at the same time. This offers flexibility, particularly if you’re searching in different markets, but agents may invest less effort knowing you could close with a competitor.

Check the correct box carefully. If you want the freedom to attend open houses on your own or use a second agent in a distant market, non-exclusive may fit. If you want one agent fully committed to your search, exclusive is the standard choice.

Dual Agency

Dual agency is when the same brokerage, or the same individual agent, represents both you and the seller in a single transaction. About eight states prohibit it entirely. In states that allow it, the agent must disclose the situation and obtain your written consent before proceeding. A related concept, designated agency, assigns a separate agent within the same brokerage to each party.

Consenting to dual agency through the form means giving up undivided loyalty from your representative, because the agent cannot advocate fully for your best price while also serving the seller’s interest in the highest price. If your form includes a dual-agency consent box, decide in advance whether you’re willing to check it.

Protection Period

Most agreements include a protection period, a window of time after the agreement expires during which the brokerage may still earn a commission. The field asks for a specific number of days, commonly somewhere between 30 and 90. The protection period applies only to properties your agent introduced to you or showed you during the active term.

The purpose is to prevent a buyer from waiting out the agreement and then purchasing a home the agent already found. Many forms include an exception stating that the protection period does not apply if you sign a new buyer agreement with a different agent or brokerage before purchasing one of those properties. A shorter number of days gives you more flexibility after the agreement ends, so treat this field as negotiable.

Termination and Amendment Clauses

You and your agent can mutually agree to end the agreement early at any time.⁴ Termination procedures vary by state and by the specific language of your form. Some templates include a unilateral cancellation clause allowing either party to exit with written notice. If yours doesn’t, ask for one before you sign; it’s easier to negotiate an exit clause at the beginning than to argue about it later. Even after termination, the protection period may still apply to homes you already toured.

If you later need to change a term, such as expanding the geography, extending the duration, or adjusting compensation, you and your agent can mutually agree to the change in writing.⁴ Most brokerages use a standard amendment form. Both parties must sign for the amendment to take effect. You can amend the agreement as many times as needed throughout your search, so don’t feel locked into every detail from day one.

Signing and Keeping Your Copy

Once every field is complete, the agreement moves to signing. Most agents use electronic signature platforms that verify all required fields have been completed before the document can be submitted. Ink signatures on a paper copy remain equally valid.

The agreement is not binding until both you and a representative of the brokerage have signed. After full execution, ask for a copy immediately and store it somewhere you can reach it quickly. You’ll want to reference it when making offers, reviewing commission credits at closing, or discussing any change to the arrangement. Keeping it alongside your pre-approval letter and other transaction paperwork lets you verify any term at any point in the buying process.

One boundary worth naming: you don’t need a signed agreement just to speak with an agent at an open house or to ask about their services. The signing requirement applies before you tour a specific property, whether in person or virtually.¹ That gives you room to interview more than one agent before committing your name to a form.

1
National Association of REALTORS. What the NAR Settlement Means for Home Buyers and Sellers
2
National Association of REALTORS. Forms for REALTORS
3
National Association of REALTORS. NAR Member Resource – Dos and Donts When Working With Buyers
4
National Association of REALTORS. Consumer Guide to Written Buyer Agreements
5
My Home by Freddie Mac. How Do I Get Pre-Approved for a Mortgage
6
Board of Governors of the Federal Reserve System. Commissions and Omissions: Trends in Real Estate Broker Compensation
7
Veterans Benefits Administration. Temporary Local Variance for Certain Buyer-Broker Charges
8
Veterans Benefits Administration. VA State Fees and Charges Deviations List