Can the agreement be signed electronically?

Yes. Electronic signatures are generally valid under the ESIGN Act and UETA when intent, consent, attribution, and record retention are present; include any consumer-facing disclosures required by federal law.

Is notarization required?

Not typically required for a Buyer Agency Agreement, but some states or brokerage policies may request notarization; verify local practice and any lender or escrow requirements before finalizing.

How do I change the broker named in the agreement?

Execute a written amendment or termination and a new agreement that both buyer and new broker sign; document the effective date to avoid overlapping commission claims.

What if the buyer revokes the agreement?

Revocation procedures should follow the contract’s termination clause; immediate written notice is recommended and retaining proof of delivery helps resolve any commission disputes.

Who is responsible for paying the broker?

The agreement must specify compensation. Payment obligations depend on the fee clause, seller contributions, and state practice; ambiguous terms increase risk of disputes.

How long should copies be kept?

Retain executed agreements and related transaction records for at least 3 years after closing; extend retention per state rules, industry requirements, or if litigation is reasonably anticipated.

Electronic Signature
Templates
Real estate
Buyer Agency Agreement

Buyer Agency Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

BUYER AGENCY AGREEMENT

Parties and Effective Date

This Buyer Agency Agreement is made between Broker/Agent and Buyer as of (Effective Date). Broker/Agent accepts appointment to act as Buyer’s exclusive representative upon the terms set forth below.

Buyer Name Buyer Contact Information Broker / Agency

Scope of Representation; Property Identification

Broker is retained to represent Buyer in the acquisition of real property described as:

Property Address or Description Parcel / APN Number Legal Description

Buyer grants Broker authority to locate, evaluate, negotiate, and submit offers for properties that meet the Buyer’s requirements as set forth herein.

Exclusive Representation; Term

The parties agree that this Agreement is: Exclusive Right to Represent Buyer Non‑Exclusive Representation

Term begins on and expires on , unless earlier terminated in accordance with this Agreement.

Compensation and Commission

Buyer agrees that Broker’s compensation shall be:

Commission (select or describe)

Payment of commission shall be due at closing from seller proceeds or as otherwise agreed; if no such source is available, Buyer agrees to pay Broker at closing or upon acquisition of property. If Buyer and Broker have agreed to a flat fee, list amount above. If commission is expressed as a percentage, it is calculated on the purchase price at the time of closing.

Buyer Obligation to Pay Commission? Yes No

Protection period: Broker is entitled to commission if Buyer closes on property shown or negotiated by Broker within days after termination of this Agreement, for properties first shown or identified by Broker during the term.

Broker Duties and Authority

Broker shall use reasonable skill and diligence to locate properties, advise Buyer on market conditions, prepare and present offers, negotiate terms, assist with closing logistics, and exercise fiduciary duties including loyalty, confidentiality, and disclosure as required by law. Broker is authorized to communicate and negotiate with sellers, listing brokers, lenders, inspectors, and other third parties as necessary.

Specific Broker Instructions or Limits on Authority

Buyer Duties; Financing and Inspections

Buyer shall provide accurate financial information, cooperate with Broker, complete lender applications timely, and authorize Broker to verify Buyer’s credit and finances if required. Buyer acknowledges responsibility for timely performance of contingencies, inspections and deposit obligations under any purchase offer.

Buyer Financing Contingency (if any)

Dual Agency and Confidentiality

Broker may from time to time represent both Buyer and Seller in the same transaction (dual agency). Dual agency may limit Broker’s ability to advocate fully for one party’s position. Buyer acknowledges receipt of disclosure regarding dual agency and:

Consents to dual agency Does not consent to dual agency

Broker shall maintain confidentiality of Buyer’s financial information and negotiating strategy, except as required by law or as necessary to perform duties under this Agreement.

Expenses; Third‑Party Fees

Buyer shall be responsible for costs incurred on Buyer’s behalf including but not limited to appraisal fees, inspection fees, escrow and title fees, fees for credit reports, and other third‑party charges unless otherwise agreed in writing.

Termination; Remedies

Either party may terminate this Agreement in writing. Termination does not extinguish Broker’s right to compensation for transactions procured by Broker during the term or within the protection period. Remedies for breach include specific performance, damages, and recovery of costs and reasonable attorney fees where permitted by law.

Representations and Warranties; Indemnity

Each party represents that the information provided is true and complete and that this Agreement has been authorized by all necessary persons. Buyer agrees to indemnify and hold Broker harmless from liabilities arising from Buyer’s misrepresentations, failure to perform, or unauthorized acts, except to the extent caused by Broker’s gross negligence or willful misconduct.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state where the property is located. This document constitutes the entire agreement between the parties regarding Buyer representation and supersedes all prior discussions and agreements, whether oral or written. Amendments must be in writing signed by both parties.

Disclosures

Buyer acknowledges receipt of Broker’s agency disclosure and any state‑required consumer advisories where applicable.

Additional Terms

Additional Terms or Instructions

By signing below, Buyer and Broker acknowledge that they have read, understand, and agree to the terms and conditions of this Buyer Agency Agreement. Each signer warrants that they are authorized to enter into this Agreement.

Buyer Printed Name:

By:

Date:

Broker/Agent Printed Name:

By:

Date:

What a Buyer Agency Agreement Is and When It’s Used

A Buyer Agency Agreement is a written contract between a prospective property buyer and a licensed real estate broker or agent that defines the broker’s authority, duties, and compensation. It establishes whether the broker acts exclusively for the buyer, the period the broker represents the buyer, and any obligations regarding showings, offers, and negotiations. The agreement also clarifies whether the broker may cooperate with or represent other parties and sets out termination rights. Having a signed agreement reduces ambiguity about representation and creates an enforceable basis for a broker’s commission.

Why a Signed Buyer Agency Agreement Matters

A written Buyer Agency Agreement documents mutual expectations—scope of services, compensation, and duration—making disputes over representation and commission less likely while clarifying consent to electronic records and signatures.

Who Typically Completes a Buyer Agency Agreement

Clear roles reduce later disputes and support compliance with state real estate licensing and disclosure rules.

Licensed buyer’s agents and sponsoring brokers completing agency terms and compensation clauses.
Homebuyers (individuals or entities) agreeing to representation and payment terms.
Referral partners, relocation managers, or lenders who need clarity on who represents the buyer.

Essential Clauses to Include in a Professional Agreement

A complete Buyer Agency Agreement organizes responsibilities, timeframes, and financial terms so both parties can rely on consistent expectations throughout the transaction.

Parties

Identify the buyer(s) and the broker (including brokerage firm name and license number) and include contact information and legal entity names.

Property Scope

Define the geographic area, property types, price range, and any exclusions so the broker’s search and show obligations are unambiguous.

Term / Duration

Specify start and end dates, renewal terms, and conditions for early termination by either party to avoid implied continuation disputes.

Compensation

State the broker’s fee formula—percentage, flat fee, or co-op split—and how payment is triggered, including seller-paid vs buyer-paid scenarios.

Broker Duties

List core services such as market analysis, property showings, negotiation, disclosure handling, and submission of offers on the buyer’s behalf.

Conflicts & Dual Agency

Explain whether dual agency is permitted, disclosure obligations, and how consent will be documented if the broker represents multiple parties.

Required Information and Key Fields

Buyer Name: Full legal name

Broker Name: Brokerage and license

Property Address: Street, city, state, ZIP

Effective Date: MM/DD/YYYY

Term Length: Start and end dates

Compensation: Fee amount or formula

Step-by-Step: Completing the Buyer Agency Agreement

Follow these steps to fill and validate the agreement before signature to avoid common errors and ensure enforceability.

01

1. Identify Parties: Enter full legal names and brokerage details precisely.
02

2. Define Scope: Specify property types, areas, and price limits clearly.
03

3. Set Compensation: Describe the fee, who pays, and when it is earned.
04

4. Sign and Date: All required signers sign and add dates in MM/DD/YYYY.

How to Customize the Agreement for Online Signing

When preparing the document for e-signature, configure authentication, required fields, and routing to match regulatory and business needs.

Field	Configuration
Signature Fields	Set mandatory and initial fields for each signer
Authentication	Use email plus SMS code or stronger for high-risk files
Conditional Clauses	Show or hide sections based on selections
Completion Routing	Send signed copies to buyer, broker, and transaction file

Where to Send or File the Signed Agreement

Route signed copies to all parties and your transaction management system, and retain a secure master copy for compliance and audit.

Buyer Copy: Email PDF to buyer for records and loan processing
Broker File: Save final signed copy in brokerage transaction folder
MLS / Transaction: Attach required disclosures to the MLS or TMS if applicable
Escrow / Lender: Provide executed agreement to escrow and lender as requested

Digital Signing Considerations and Platform Requirements

Choose a signing platform that meets legal and operational needs for secure, auditable electronic signatures.

File Formats: PDF and DOCX accepted
Integrations: CRM and cloud storage integrations
Security: TLS and AES-256 encryption

Comparing eSignature Vendors for Buyer Agency Agreements

Platform choice affects cost, workflow features, and compliance. The table below compares starting price, trials, bulk send, audit trails, HIPAA compliance, and envelope caps.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Key Risks and Consequences of an Incorrect Agreement

Missing Broker Name: Can void enforcement

No Signatures: Agreement may be unenforceable

Undisclosed Dual Agency: Regulatory fines or discipline

Incorrect Property: Creates ambiguity in obligations

Undefined Compensation: Commission disputes and litigation

Expired Term: Limits broker’s entitlement

Common Mistakes to Avoid

Failing to enter the buyer’s full legal name or using nicknames that mismatch identification documents.
Leaving the compensation clause vague or omitting who ultimately bears the fee if seller concessions change.
Neglecting to set a clear termination date, which can create implied obligations or disputes over commission eligibility.
Not documenting consent to electronic records and signatures for consumer-facing provisions when required by ESIGN.

Practical Tips for Fast, Accurate Completion

Use these best practices to reduce errors, support compliance, and streamline agent and client workflows.

Use precise legal names

Always enter buyer and brokerage names exactly as shown on government IDs or corporate formation documents to avoid identity verification or title issues during closing.

Document compensation clearly

Spell out commission percentages or flat fees, who pays the fee under different scenarios, and how any seller-paid cooperative commission affects buyer obligations.

Confirm e-sign consent

For consumer transactions, include an ESIGN disclosure and record the buyer’s consent to electronic records to ensure enforceability under federal electronic signature law.

Maintain an auditable file

Keep signed PDFs with audit trails, delivery receipts, and any authentication logs in the transaction folder for regulatory review and dispute resolution.

Real-World Examples of Buyer Agency Use

The following examples show how brokerages and buyers use written agency agreements to clarify roles, speed transactions, and reduce disputes.

Martin Properties — Residential Closings

A local brokerage formalized buyer agreements for tenant-to-owner conversions to streamline offers and inspections.

They required explicit compensation clauses to prevent disputes.
As a result, the brokerage reduced commission disagreements and improved closing timelines while maintaining consistent disclosure practices and client records for audits.

Fertility Centers of Illinois — Relocation Cases

A relocation manager used buyer agency agreements to coordinate cross-state purchases with medical relocation needs.

The agreement clarified representation and document routing.
This alleviated confusion over which party authorized home searches, ensured timely lender documentation, and preserved clear records for compliance and reimbursement processes.

Who Can Sign the Agreement

Buyer (Individual)

The buyer or an authorized agent with written authority must sign. For entities, an officer or authorized signer should include title and evidence of signing authority to bind the purchaser.

Broker / Authorized Agent

A licensed broker or designated agent signs on behalf of the brokerage; include license number and brokerage name to satisfy state licensing and consumer disclosure requirements.

Key Dates and Deadlines to Track

Track the agreement’s effective date, term expiration, notice windows, and any contingency or performance deadlines that affect representation or commissions.

Effective Date:

The date of signature that starts broker duties

Term Expiration:

When representation ends without renewal

Termination Notice:

Advance notice period required to end agreement

Contingency Deadlines:

Inspection, financing, and appraisal dates tied to offers

Record Retention:

When files must be archived per policy

Frequently Asked Questions About Buyer Agency Agreements

Answers address typical signer concerns, electronic signing, revocation, and storage so parties can resolve common issues without delay.

Need help? Contact support

Can the agreement be signed electronically?
Yes. Electronic signatures are generally valid under the ESIGN Act and UETA when intent, consent, attribution, and record retention are present; include any consumer-facing disclosures required by federal law.
Is notarization required?
Not typically required for a Buyer Agency Agreement, but some states or brokerage policies may request notarization; verify local practice and any lender or escrow requirements before finalizing.
How do I change the broker named in the agreement?
Execute a written amendment or termination and a new agreement that both buyer and new broker sign; document the effective date to avoid overlapping commission claims.
What if the buyer revokes the agreement?
Revocation procedures should follow the contract’s termination clause; immediate written notice is recommended and retaining proof of delivery helps resolve any commission disputes.
Who is responsible for paying the broker?
The agreement must specify compensation. Payment obligations depend on the fee clause, seller contributions, and state practice; ambiguous terms increase risk of disputes.
How long should copies be kept?
Retain executed agreements and related transaction records for at least 3 years after closing; extend retention per state rules, industry requirements, or if litigation is reasonably anticipated.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now