Can this contract be signed electronically?

Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions. Ensure signer intent, consent to do business electronically, attribution, and retained reproducible records to meet the four‑prong ESIGN test.

Is notarization required to make it valid?

Not typically for a buyer agency agreement; notarization is commonly required for deeds and certain conveyances. Check state practice if the brokerage requests an acknowledgement or you intend to record a related instrument.

Who may sign on behalf of a buyer entity?

Authorized corporate officers or persons with explicit signing authority may sign for an entity. Obtain corporate resolution or evidence of authority to avoid closing or title issues.

How do I correct a signed and executed error?

Prepare a written amendment or addendum signed and dated by all original parties. For minor clerical errors, mutual written confirmation or a corrected execution may suffice to avoid ambiguity.

Are witness signatures required?

Witness requirements vary by state and document type. Buyer agency contracts rarely require witnesses; consult state rules when attaching affidavits or acknowledgements.

Can a platform demonstrate legal compliance?

Platforms such as signNow provide audit trails, authentication options, and retention capabilities that support ESIGN/UETA compliance, but platform use does not replace a required statutory form or local notary requirements.

Electronic Signature
Templates
Legal
Exclusive Right to Buy Buyer Agency Contract

Exclusive Right to Buy Buyer Agency Contract

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

EXCLUSIVE RIGHT TO BUY
BUYER AGENCY CONTRACT

1. APPOINTMENT OF BROKER: By this contract (“Buyer”) appoints Broker in Charge of Company (“Broker”) as Buyer’s exclusive agent, subject to the terms and conditions stated in this Contract. By appointing Broker as Buyer’s exclusive agent, Buyer agrees to conduct all negotiations for the types of property described in Section 2 below through Broker, and refer to Broker all inquiries made to Buyer about such properties from other brokers, salespersons, sellers and others during the term of this contract. “Negotiation” as used in this agreement shall mean property shown, negotiated, or information requested by Buyer through Broker.

2. PURPOSE OF AGENCY: Buyer desires to purchase or lease real property (which may include items of personal property) described as follows:

Type: Residential Commercial Industrial Vacant Land Other

General Description:

Approximate Price Range: $

General Location:

Preferred Terms:

Other:

3. BROKER'S DUTIES: The Broker shall provide to Buyer a meaningful explanation of agency and shall use Broker's professional real estate knowledge and skills to represent the Buyer in a diligent and effective manner and to locate property which is available for purchase or lease and suitable to the Buyer; if the Broker is not representing the seller, the Broker shall represent solely the interest of the Buyer in all negotiations and transactions regarding the acquisition of real property; if the Broker represents the seller as well as the Buyer, the Broker shall not disclose confidential information without consent; the Broker may represent other buyers who may be interested in the same property as the Buyer.

4. BUYER'S DUTIES. Buyer agrees to work exclusively with Broker and its Affiliated licensees during the term of this agreement, assist Broker in identifying and negotiating property, and provide Broker and its Affiliated Licensees the following information:

(a) General nature, location, and requirements of desired property;

(b) Price range and other terms and conditions relating to desired property.

5. COMPENSATION OF BROKER: Check all applicable sections and provide amounts and dates as required.

a. Retainer Fee
Buyer will pay Broker a nonrefundable retainer fee of $ due and payable upon the signing of this contract.

shall or shall not be credited against the Brokerage fee.

b. Service Fee
Buyer shall pay Broker a Service Fee of $ to be paid on whether or not Buyer purchases any property.

This Service Fee shall be the only fee due Broker from Buyer under the terms of this Contract.

This Service Fee shall be credited against the Brokerage Fee described in subsection (c) below and shall be kept by Broker whether or not a Brokerage Fee is earned.

This Service Fee shall be credited against the Brokerage Fee described in subsection (c) below and shall be kept by Broker whether or not a Brokerage Fee is earned, unless Buyer enters into a purchase and sale agreement.

c. Brokerage Fee
Buyer shall pay Broker a Brokerage Fee which is the greater of $ or % of the purchase or total lease price (renewal, if applicable) of any property purchased or leased by Buyer.

If within days after the expiration of this Contract Buyer purchases or leases any property which Broker has negotiated during the term of this Contract, Buyer will pay Broker the Brokerage Fee stated above.

d. Brokerage Fee
Broker shall obtain payment of the Brokerage Fee out of the transaction. Buyer shall not be responsible for paying Broker the Brokerage fee.

6. TERM OF AGENCY: Broker's authority to act as Buyer's exclusive agent under the terms of this Contract shall begin on and shall end at 11:59 p.m. on

7. CONSENT TO DISCLOSED DUAL AGENCY/DESIGNATED AGENCY: Buyer acknowledges receiving an explanation of the types of agency relationships that are offered by brokerage and an Agency Disclosure Form at the first practical opportunity at which substantive contact occurred between the Broker and Buyer.

8. OTHER POTENTIAL BUYERS: Buyer understands that other potential buyers have entered into similar agency contracts with Broker which may involve the purchase or lease, through Broker of the same or similar property or properties as Buyer is attempting to purchase or lease. Buyer consents to Broker's representation of such other buyers.

9. INDEMNIFICATION OF BROKER: Buyer promises to disclose to Broker whether Buyer has signed any agency agreement with any other Broker, or has been given prior information about any property that is the subject of this Contract by any other Broker or salesperson, or has previously been shown any such property by any other broker or salesperson.

10. DISCLOSURE OF BUYER'S IDENTITY/CONFIDENTIALITY: The Broker does or does not have the Buyer's permission to disclose Buyer's identity to all property owners and other third parties.

11. NONDISCRIMINATION: Broker and Buyer agree that all actions carried out under this contract shall be in full compliance with local, state, and federal fair housing laws against discrimination on the basis of race, creed, color, religion, national origin, sex, familial status, marital status, age or disabilities.

12. PROFESSIONAL COUNSEL: Buyer acknowledges that Broker is being retained solely as a real estate agent and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, home inspector or other professional service provider.

13. MEDIATION CLAUSE: Any dispute or claim arising out of or relating to this Agreement shall be submitted to mediation in accordance with the Rules and Procedures of the Dispute Resolution System of the NATIONAL ASSOCIATION OF REALTORS®. Any agreement signed by the parties pursuant to the mediation conference shall be binding.

14. SEX OFFENDER REGISTRY INFORMATION: The Buyer and Broker agree that during the course of the agency relationship, the Broker and all affiliated agents shall not be responsible for obtaining or disclosing any information contained in the official South Carolina Sex Offender Registry.

15. ENTIRE BINDING AGREEMENT: This written instrument, including the additional terms and conditions set forth on the reverse, expresses the entire agreement and all promises, covenants, and warranties between the Buyer and Broker. It can be changed only by a subsequently written instrument signed by both parties.

16. CONTINGENCIES:

17. FACSIMILE AND OTHER ELECTRONIC MEANS: The parties agree that this Agreement may be communicated by use of a fax or other secure electronic means, including but not limited to electronic mail and the internet.

BUYER

Email:

Phone:

Fax:

BUYER

Email:

Phone:

Fax:

BUYER Address:

BROKER/BUYER'S AGENT COMPANY

BY:

Date:

Time:

The foregoing form is available for use by the entire real estate industry. The use of the form is not intended to identify the user as a REALTOR®. REALTOR® is the registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its Code of Ethics. Expressly prohibited is the duplication or reproduction of such form or the use of the name "South Carolina Association of REALTORS®" in connection with any written form without the prior written consent of the South Carolina Association of REALTORS®. The foregoing form may not be edited, revised, or changed without the prior written consent of the South Carolina Association of REALTORS®.

What the Exclusive Right to Buy Buyer Agency Contract Is

An Exclusive Right to Buy Buyer Agency Contract is a written agreement between a prospective home buyer and a licensed real estate agent or brokerage that creates an exclusive buyer-agent relationship for a defined period. The contract typically sets out the agent’s duties, the scope of the search, compensation or commission terms payable at closing, the effective and expiration dates, and any exclusive negotiation or showing obligations. It clarifies conflict-of-interest rules, confidentiality expectations, and whether the buyer may work with other brokers. When executed correctly, it frames negotiation authority and the broker’s fiduciary duties during the home‑search and purchase process.

Why this Agreement Matters for Buyers and Agents

The contract creates clear expectations: who represents the buyer, what services are provided, and how the agent will be compensated. It reduces disputes and streamlines decision points during a competitive purchase process.

Who Typically Completes an Exclusive Right to Buy Buyer Agency Contract

Licensed buyer agents, brokerages, and individuals actively searching for residential or investment property typically complete this contract before agent-led showings and negotiations.

Licensed Buyer Agents and Brokers who represent purchasers in real estate transactions.
Home Buyers and Investor Buyers entering an exclusive representation relationship.
Transaction Coordinators and Brokerage Managers who oversee commission splits and delivery.

The agreement is also used by teams, broker supervisors, and transaction coordinators to document authority and routing for offers and commission distribution.

Common Signers and Their Roles

Buyer — Individual

A prospective purchaser signs to establish exclusive representation, delegate negotiation authority, and acknowledge commission terms. The buyer is responsible for providing accurate legal name, contact details, and timely consent for electronic communications if the contract is executed electronically.

Agent — Licensed Broker

A licensed agent or broker signs to accept the appointment, confirm duties and compensation arrangements, and document brokerage supervision. The broker’s signature binds the brokerage and triggers any internal commission‑split obligations or referral terms.

Core Elements Found in a Professional Exclusive Right to Buy Buyer Agency Contract

A complete contract organizes parties, term, compensation, scope, duties, and termination provisions so both buyer and agent understand rights, obligations, and remedies.

Parties

Identifies buyer(s), agent, and brokerage with full legal names and licensing details to ensure enforceability and correct recordkeeping.

Exclusive Appointment

Specifies the agent’s exclusivity for locating properties, negotiating offers, and the geographic or property-type scope covered by the agreement.

Term

Effective and expiration dates, renewal terms, and procedures for early termination, including notice requirements and potential holdover clauses.

Compensation

Compensation formula or flat fee, when commission becomes payable (usually at closing), and how commission is split among cooperating brokers.

Agent Duties

Duties such as locating properties, preparing offers, presenting disclosures, and advocating for buyer interests during inspection and appraisal periods.

Termination & Remedies

Conditions for termination, consequences of breach, dispute resolution (mediation/arbitration), and survival of key provisions like confidentiality.

Step-by-Step: How to Complete the Contract

Follow this sequence to prepare a clean, enforceable Exclusive Right to Buy Buyer Agency Contract and move quickly to property showings and offers.

01

Review Form: Read all sections and confirm applicable state disclosures before populating fields.
02

Enter Parties: Add full legal names, brokerage info, and license numbers.
03

Set Term: Choose effective and expiration dates and confirm renewal language.
04

Sign and Distribute: Obtain signatures and provide copies to all parties and the brokerage.

How Electronic Completion and Routing Works

Digital workflows reduce turnaround time and preserve a tamper-evident audit trail when executed correctly under ESIGN and UETA frameworks.

Upload Document: Save the contract as PDF or DOCX and upload to your eSignature platform.
Place Fillable Fields: Add name, date, signature, and checkbox fields tied to each signer.
Set Authentication: Choose signer verification like email, SMS code, or two‑factor authentication.
Send and Track: Send in the correct signing order and monitor the audit trail until completion.

Recommended Digital Workflow Settings

Use these workflow settings when you prepare an online version to ensure secure signing and consistent recordkeeping.

Field	Configuration
Authentication Method	Email + SMS code for buyer and agent
Signing Order	Agent first, then buyer, then broker
Reminders	Auto-reminders at 3 and 7 days
Storage Location	Save final PDF to brokerage document management

Platform and File Requirements for eSigning

Choose a platform that supports PDF and DOCX, audit trails, and secure signer authentication to meet legal and brokerage standards.

File Formats: PDF and DOCX supported
Authentication: Email, SMS, or KBA options
Integrations: CRM and cloud storage links

Key Dates and Timeframes to Record in the Agreement

Capture and communicate these timing items clearly to avoid disputes about term, notice, and payment triggers.

Effective Date:

Date agreement and obligations begin

Expiration Date:

Date the exclusive relationship ends

Notice Period:

Days required for written termination notice

Commission Payable:

Trigger event (typically closing date)

Document Retention:

Record retention deadline per brokerage policy

Risks and Consequences of an Incorrect or Incomplete Agreement

Commission Dispute: Buyer or broker may litigate for unpaid fees

Conflict Claims: Undisclosed conflicts can void representation

Enforceability Issues: Vague terms can render provisions unenforceable

Regulatory Penalties: License discipline for noncompliant advertising or disclosures

Title Delays: Incorrect buyer identity can delay closing

Privacy Breach: Improper handling of PHI may trigger HIPAA obligations

Common Preparation Errors to Avoid

Failing to use the buyer’s exact legal name, which can create title and closing mismatches and require re‑execution.
Leaving commission language ambiguous about when payment is due, which invites disputes at closing or if sale falls through.
Using inconsistent dates or failing to specify effective and expiration dates, leading to contested agency periods.
Not documenting electronic consent for e‑signing in consumer transactions where ESIGN disclosure is required.

Frequently Asked Questions About Execution and Validity

Answers to common questions about electronic signing, authority to sign, notarization, and correcting errors in an Exclusive Right to Buy Buyer Agency Contract.

Need help? Contact support

Can this contract be signed electronically?
Yes. Electronic signatures are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws in most jurisdictions. Ensure signer intent, consent to do business electronically, attribution, and retained reproducible records to meet the four‑prong ESIGN test.
Is notarization required to make it valid?
Not typically for a buyer agency agreement; notarization is commonly required for deeds and certain conveyances. Check state practice if the brokerage requests an acknowledgement or you intend to record a related instrument.
Who may sign on behalf of a buyer entity?
Authorized corporate officers or persons with explicit signing authority may sign for an entity. Obtain corporate resolution or evidence of authority to avoid closing or title issues.
How do I correct a signed and executed error?
Prepare a written amendment or addendum signed and dated by all original parties. For minor clerical errors, mutual written confirmation or a corrected execution may suffice to avoid ambiguity.
Are witness signatures required?
Witness requirements vary by state and document type. Buyer agency contracts rarely require witnesses; consult state rules when attaching affidavits or acknowledgements.
Can a platform demonstrate legal compliance?
Platforms such as signNow provide audit trails, authentication options, and retention capabilities that support ESIGN/UETA compliance, but platform use does not replace a required statutory form or local notary requirements.

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