Real Estate Buyer Representation Agreement: Present and Sign With Confidence

Author: Cole Neophytou
Published: March 13, 2026
Category: Contracts & Legal
Reading Time: 12 minutes

Introduction

Many agents avoid buyer representation agreements (BRA), fearing they'll "scare off" potential buyers or feel too formal. This is a critical mistake. Buyer representation agreements protect both you and the client by clarifying expectations, establishing commission terms, and creating accountability.

This guide covers why BRAs matter, what they must include, how to present them confidently, and how to overcome common objections.

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Section 1: Why Buyer Representation Agreements Matter

Legal Protection

For you: BRA establishes agency relationship, defines your scope of duties, and creates agreement on commission structure

• Protects you from liability if buyer claims they didn't understand representation
• Establishes exclusive broker representation (prevents buyer from working with competing agents)
• Clarifies commission if buyer purchases property you didn't show

For buyer: BRA clarifies what representation means, what you will do/won't do, and what happens if deal doesn't close

• Protects buyer from confusion about agency
• Establishes buyer's rights to representation
• Creates mechanism for dispute resolution if problems occur

Business Clarity

Prevents common issues:

• "Do I owe you commission if I buy privately?" (answered in BRA)
• "How long is this representation?" (specified in BRA)
• "What if I find the property myself?" (addressed in BRA)
• "Who pays what at closing?" (detailed in BRA)

Professional Standard

NAR Code of Ethics requires agents to advise buyers of their agency status. Without BRA, many agents violate Code of Ethics by not clarifying role.

Professional practice: 80%+ of successful agents use signed BRAs with all buyer clients. Agents without BRAs have higher dispute rates and less professional client relationships.

Section 2: Essential BRA Terms

Term 1: Representation Scope

What it covers:

• Geographic area where agent will search for properties
• Types of properties included (single family, condos, investment, etc.)
• Agent's duties (show properties, provide market data, represent in negotiations, etc.)

Sample language:
"Agent agrees to show Buyer properties in [City/Area] matching criteria. Buyer is responsible for informing Agent of any properties Buyer wishes to view."

Term 2: Exclusive vs. Non-Exclusive Representation

Exclusive representation:

• Buyer agrees to work only with this agent
• Buyer cannot work with competing agents simultaneously
• If buyer purchases without agent, commission is owed
• Standard for professional agents
• More protective for agent and buyer relationship

Non-exclusive representation:

• Buyer can work with multiple agents simultaneously
• Less common; generally only if buyer requests
• Commission only owed if agent finds property or facilitates sale
• Creates complexity and reduced commitment

Recommendation: Always propose exclusive representation first. Non-exclusive creates conflicts and reduces commitment.

Term 3: Commission Terms

What to specify:

• Commission percentage or amount
• Who pays commission (typically seller's listing agent splits with buyer's agent)
• What happens if seller doesn't pay (agent's responsibility)
• Commission applies if buyer purchases within how long after representation ends?

Sample language:
"Commission shall be negotiated between Buyer's Agent and Seller's Agent. If Seller's Agent declines to offer compensation, Buyer and Agent will negotiate separate arrangement. Commission applies to properties purchased within 90 days of terminating representation."

Term 4: Representation Duration

What to specify:

• Start date
• End date or event triggering termination (e.g., "when buyer's home closes" or "90 days")
• Either party can terminate with written notice (typically 3-5 days)
• Commission still applies to properties identified during active representation even if purchased after termination

Example: "This agreement is active from [Date] through [Date, typically 90 days], or until either party terminates with 3 days written notice."

Term 5: Buyer Identification

What it covers:

• Defined list of properties buyer has already viewed or is actively considering
• Properties already listed with other agents
• Properties buyer has existing relationships with

Why it matters: Protects agent from commission disputes on properties buyer was already looking at before representation began.

Sample language:
"The following properties are excluded from this agreement (Buyer to list any properties already viewed or under consideration): [List properties if any]. Commission applies only to properties not previously identified by Buyer."

Term 6: Duties and Obligations

Agent duties typically include:

• Showing properties matching buyer criteria
• Providing accurate property information
• Advising on market conditions and property values
• Representing buyer's interests in negotiations
• Advising on financing and contingency options
• Communicating promptly with buyer

Sample language:
"Agent agrees to: (1) Show Buyer properties meeting stated criteria; (2) Provide accurate information about properties; (3) Advise on pricing and market conditions; (4) Represent Buyer's interests in offers and negotiations; (5) Maintain confidentiality of Buyer information."

Term 7: Buyer Obligations

Buyer typically agrees to:

• Inform agent of all properties they want to view
• Work only with this agent (if exclusive representation)
• Provide accurate financial/personal information
• Cooperate in inspection and appraisal process
• Close transaction if agreed upon

Sample language:
"Buyer agrees to: (1) Inform Agent of all properties Buyer wishes to view; (2) Work exclusively with Agent; (3) Provide accurate information about Buyer's situation; (4) Cooperate with inspection and appraisal; (5) Close transaction if offer accepted."

Term 8: Commission Obligation if Buyer Rescinds

What happens if buyer withdraws from transaction?

• Some agreements hold buyer liable for agent's time/costs
• Most agreements specify no commission owed (easier to enforce)
• Rarely prosecuted but helpful to have clarity

Recommendation: Specify "No commission owed if Buyer withdraws from purchase offer," as this is market standard and encourages good faith.

Section 3: Presenting the BRA Confidently

Timing: When to Present

Best practices:

• Present at first substantive meeting after buyer expresses intent to purchase
• Not on initial inquiry (too formal too early)
• After buyer communicates needs, timeline, and motivation
• Before showing first property (establishes professional relationship)

Example timing: After initial consultation where buyer shares property preferences, budget, timeline

Presentation Approach

Frame it positively:
"Great! So we understand your needs—[property type, price, area, timeline]. Before we start showing properties, I want to make sure we're clear on how we'll work together. I've prepared a representation agreement that outlines what I'll do for you and how our relationship works. This protects both of us and ensures we're aligned."

Key points to emphasize:

• "This simply clarifies our working relationship"
• "It protects both you and me"
• "It ensures I can represent your interests effectively"
• "This is standard practice in real estate"

Walking Through Key Sections

Section-by-section review:

1. Representation: "I'll show you properties in [area] matching your needs. You'll tell me about any properties you find, and I'll help evaluate them."

2. Duration: "This representation runs for [90 days]. If we find a property before then, great! If not, we can extend. Either of us can end this with 3 days notice, so you're not locked in."

3. Commission: "My commission is paid by the seller's agent from the seller's proceeds. You don't pay me directly. If the seller isn't paying commission, we can discuss that separately."

4. Exclusivity: "This means I'm your exclusive agent—you work only with me during this period. This protects you because I can negotiate better knowing I'm representing you exclusively."

5. Obligations: "I'll show you properties, give you honest market feedback, and represent your interests. You agree to tell me about properties you want to see and to work with me during this period."

Handling the Signature

Present professionally:

• Print 2 copies (one for them, one for you)
• Point to signature line: "We both need to sign here and date it. This just shows we both understand and agree to these terms."
• Sign in front of buyer to model professionalism
• Give buyer copy immediately

Make it casual and normal:

• Don't make it a big deal or legal event
• Treat it as standard, professional business
• Smile and move forward normally

Section 4: Handling Buyer Objections

Objection 1: "Do I have to sign this?"

Response: "Legally? In some states, no. But here's why I recommend it: Having this in writing protects both of us. You know exactly what I'm doing for you, and I know what to expect from you. It makes the process smoother. Plus, most agents require signed representation, so other agents will ask for this too."

Why it works: Frames signing as normal, professional, and protective rather than pushy.

Objection 2: "This locks me in. What if I want to work with a different agent?"

Response: "Good question. You're not locked in—either of us can end this with 3 days written notice. This is just saying during this active period, we're working together exclusively so I can negotiate better on your behalf. If things aren't working, we can easily end it."

Why it works: Addresses control concern directly while explaining benefit of exclusivity.

Objection 3: "I want to keep my options open and work with multiple agents"

Response: "I understand. Here's the thing though—if you're working with multiple agents showing you the same properties, the sellers get confused about who's representing you, and I can't negotiate as effectively on your behalf. What if we do exclusive representation for 30 days, see how it goes, and if you want to make changes, we can? Plus, if you find a property yourself before our agreement ends, I'm fine with you purchasing directly—you wouldn't owe me commission. Does a 30-day trial make sense?"

Why it works: Gives them trial period and exit option, making them more willing to commit.

Objection 4: "What if I find a property on my own? Do I still owe you commission?"

Response: "Nope. Only if I show you the property, or if you make an offer on a property I've informed you about. Properties you find yourself—I'm fine with that. My job is to help with properties you might not find, provide market expertise, and negotiate on your behalf."

Why it works: Removes biggest fear and shows confidence. Also clarifies what your actual value is.

Objection 5: "What happens if we don't find anything before this expires?"

Response: "Good thinking. If we haven't found a property by [date], we can extend this for another period, or we can take a break and reconnect later. There's no penalty—we just need clarity on how long we're actively working together."

Why it works: Shows flexibility and addresses fear of open-ended commitment.

Section 5: Post-Signature Management

Keep Copy Accessible

• File copy in your CRM and transaction folder
• Reference terms if buyer raises questions about scope, commission, timeline
• Use as guide if disputes arise about expectations

Review Periodically

• Review at 30 days: "How are we doing? Any adjustments to what you're looking for?"
• Review at 60 days: "If we don't find something in the next 30 days, want to extend this or take a break?"
• Reference when explaining why you're showing certain properties

Reference When Appropriate

• "Remember in your BRA, you mentioned your budget was $400-450K. This property at $485K might stretch you, but let's look at it if you want"
• "According to your agreement, I keep showing you properties matching your original criteria. Want to adjust what we're looking for?"

FAQ: Buyer Representation Agreements

Q: What if buyer refuses to sign a BRA?
A: You can still represent buyer, but without written agreement. Document everything in emails instead. Many agents require signed BRA before showing properties—that's your right as agent.

Q: Can I modify the standard form?
A: Yes. Forms from your broker or NAR are templates. Add/modify terms as needed. Common modifications: commission percentage, exclusivity terms, representation period, buyout clauses.

Q: What if buyer wants to reduce representation period to 30 days?
A: Reasonable compromise. 30 days allows either party to reassess. Most agents prefer 60-90 days, but 30 days is acceptable if buyer prefers. Can always extend.

Q: Do I need BRA if buyer is referred by past client?
A: Yes, even more important. Document the relationship clearly to prevent misunderstandings. Past client referrals have highest expectations—written agreement prevents issues.

Q: What if buyer purchases property from For Sale By Owner (FSBO)?
A: If property is on MLS, seller's agent typically represents seller and pays commission split. If property is true FSBO with no agent, you may negotiate commission split with buyer. Document in BRA what happens in FSBO situations.

Q: Should commission percentage be in BRA or separate agreement?
A: Standard practice: BRA references that commission is "negotiated between buyer's agent and seller's agent" or specific amount if buyer is paying you separately. Separate agreement only if buyer is paying you directly (unusual).

Q: How long should BRA terms apply after termination?
A: Typically 90 days. Example: "If Buyer purchases property identified during active representation within 90 days of termination, commission applies." This protects you if buyer waits to close until after agreement ends.

Q: Can I use same BRA template for all buyers?
A: Yes, but customize for each buyer: representation area, property types, timeline, any excluded properties buyer already viewed. Generic one-size-fits-all feels less professional than customized agreement.

Conclusion

Buyer representation agreements aren't scary or pushy—they're professional, protective documents that clarify expectations and establish a strong working relationship. Present them confidently as standard business practice, emphasize how they protect the buyer, and handle objections by addressing fears and offering flexibility.

Agents who consistently use signed BRAs report fewer disputes, clearer communication, better negotiating position, and more professional client relationships. Start presenting BRAs confidently today.

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About the Author: Cole Neophytou helps real estate agents implement professional systems including buyer representation agreements that increase client clarity and reduce disputes.

Keywords: buyer representation agreement, BRA, exclusive representation, buyer agency, real estate contracts, agent-buyer relationship