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Non-Exclusive Buyer Broker Agreement and Agency Disclosure

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Non-Exclusive Buyer-Broker Agreement & Agency Disclosure

This Non-Exclusive Buyer-Broker Agreement & Agency Disclosure is entered into on this day of , 20, by and between

(Name of Broker/Realtor) of

(street address, city, county, state, zip code), the Company, and

(Name of Buyer), of

the Buyer.

1. Term of Agreement.

The Buyer hereby retains the Company, including (the Buyer’s Agent) as the authorized agent for the Company, starting on the date listed above, and ending at 5:00 P.M. (e.g., CDT) or the day of the closing of the acquisition of a property, whichever occurs first (the Initial Term), to act as the Non-Exclusive Buyer’s Agent in locating and/or negotiating for the acquisition of a property in .

2. Brokerage Fee.

If the property acquired by the Buyer is listed with a Brokerage, the selling commission paid to the Company by the listing Brokerage shall satisfy the Buyer's obligation for the Brokerage fee shown below. If, during the Initial Term, or any extension of the Initial Term, the Buyer, or any other person acting in the Buyer's behalf, acquires an interest in any real property on which: (a) the Buyer's Agent; (b) the Principal/Branch Broker for the Company (the Broker); or (c) another real estate agent Affiliated with the Company (appointed to temporarily represent the Buyer as provided in Section 5, and referred to below as an Affiliate) negotiates a transaction on the Buyer's behalf, the Buyer agrees to pay to the Company a Brokerage fee in the amount of $ or % of the acquisition price of the property. If the property is not listed with a Brokerage, in the absence of a commission agreement with the owner of the selected property, the Brokerage fee shown above shall be paid by the Buyer. Unless otherwise agreed to in writing by the Buyer and the Company, the Brokerage fee shown above shall be due and payable on: (i) if a purchase, the date of recording of the closing documents; (ii) if a lease, the effective date of the lease, or (iii) if an option, the date the option agreement is signed. If the transaction is prevented by default of Buyer, the compensation shall be immediately payable to the Company.

3. Protection Period

If within months after the termination or expiration of this Non-Exclusive Buyer-Broker Agreement, the Buyer or any person acting on the Buyer's behalf, enters into an agreement to purchase, exchange for, obtain an option on, or lease any property on which, during the Initial Term: (a) the Buyer's Agent; (b) the Broker; or (c) an Affiliate, was negotiating a transaction on the Buyer's behalf, the Buyer agrees to pay to the Company the Brokerage fee referenced in Section 2.

4. Buyer Representations and Disclosures

The Buyer will: (a) furnish the Buyer's Agent with relevant personal and financial information to facilitate the Buyer's ability to acquire a property; (b) exercise care and diligence in evaluating the physical and legal condition of the property selected by the Buyer; (c) upon signing of this Non-Exclusive Buyer-Broker Agreement, personally review and sign the Property Checklist form; and (d) disclose to the Buyer's Agent all properties in which the Buyer, as of the date of this Non-Exclusive Buyer-Broker Agreement, is either negotiating to acquire or has a present interest in acquiring.

5. Agency Relationships

By signing this Non-Exclusive Buyer-Broker Agreement, the Buyer designates the Buyer's Agent and the Principal/Branch Broker for the Company (the Broker), as non-exclusive agents for the Buyer to locate properties for the Buyer's consideration and review. The Buyer also authorizes the Buyer's Agent or the Broker to appoint another agent in the Company to represent the Buyer in the event the Buyer's Agent or the Broker will be temporarily unavailable to service the Buyer. As agents for the Buyer, the Buyer's Agent and the Broker have fiduciary duties to the Buyer that include loyalty, full disclosure, confidentiality, and reasonable care. The Buyer understands, however, that the Buyer's Agent and the Broker may now, or in the future, be agents for a Seller who may have a property that the Buyer may wish to acquire. Then the Buyer's Agent and the Broker would be acting as Limited Agents representing both the Buyer and seller at the same time. A Limited Agent has fiduciary duties to both the Buyer and the seller. However, those duties are limited because the agent cannot provide to both parties undivided loyalty, full confidentiality and full disclosure of all information known to the agent. For this reason, the Limited Agent is bound by a further duty of neutrality. Being neutral, the Limited Agent may not disclose to either party information likely to weaken the bargaining position of the other - for example, the highest price the Buyer will offer, or the lowest price the seller will accept. THE BUYER IS ADVISED THAT NEITHER THE BUYER NOR THE SELLER IS REQUIRED TO ACCEPT A LIMITED AGENCY SITUATION IN THE COMPANY, AND EACH PARTY IS ENTITLED TO BE REPRESENTED BY ITS OWN AGENT.

If Limited Agency is agreed to below;

(a) The Buyer authorizes the Buyer’s Agent and the Broker to represent both the Buyer and the Seller as Limited Agents when the Buyer’s Agent and the Broker also represent the Seller of the Property the Buyer desires to acquire;

(b) The Buyer further agrees that when another agent in the Company represents the Seller, that agent will exclusively represent the Seller, the Buyer’s Agent will exclusively represent the Buyer, and the Broker will act as Limited Broker. IN EITHER EVENT, IF LIMITED AGENCY IS AGREED TO BELOW, THE BUYER AND THE SELLER WILL BE REQUIRED TO SIGN A SEPARATE LIMITED AGENCY CONSENT AGREEMENT AT THE TIME THE LIMITED AGENCY SITUATION ARISES.

INITIAL APPLICABLE BOX:

I AGREE TO LIMITED AGENCY; OR

I DO NOT AGREE TO LIMITED AGENCY

If initialed above, the Buyer further agrees that when another agent in the Company represents the Seller, that agent will exclusively represent the Seller, the Buyer's Agent will exclusively represent the Buyer, and the Broker will act as Limited Agent. In either event, if initialed above, the Buyer and the Seller will be asked to sign a separate Limited Agency Consent Agreement at the time the limited agency situation arises.

6. Professional Advice

The Company and the Buyer’s Agent are trained in the marketing of real estate. Neither the Company nor the Buyer’s Agent are trained or licensed to provide the Buyer with professional advice regarding the physical condition of any property or regarding legal or tax matters. BUYER IS ADVISED NOT TO RELY ON THE COMPANY, OR ON ANY AGENTS OF THE COMPANY, FOR A DETERMINATION REGARDING THE PHYSICAL OR LEGAL CONDITION OF THE PROPERTY, including, but not limited to: past or present compliance with zoning and building code requirements; the condition of any appliances; the condition of heating/cooling, plumbing, and electrical fixtures and equipment; sewer problems; moisture or other problems in the roof or foundation; the availability and location of utilities; the location of property lines; and the exact square footage or acreage of the property. AS PART OF ANY WRITTEN OFFER TO PURCHASE A PROPERTY, THE COMPANY STRONGLY RECOMMENDS THAT THE BUYER ENGAGE THE SERVICES OF APPROPRIATE PROFESSIONALS TO CONDUCT INSPECTIONS, INVESTIGATIONS, TESTS, SURVEYS, AND OTHER EVALUATIONS OF THE PROPERTY AT THE BUYER'S EXPENSE. IF THE BUYER FAILS TO DO SO, THE BUYER IS ACTING CONTRARY TO THE ADVICE OF THE COMPANY.

7. Dispute Resolution

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

8. Buyer Authorizations

Buyer authorizes the Company and/or Buyer’s Agent to disclose after closing to each Multiple Listing Service (MLS) in which the Company participates (consistent with the requirements of each such MLS), the final terms and sales price of the property acquired by Buyer under the terms of this Agreement. Buyer also authorizes the Company and/or Buyer’s Agent to communicate with Buyer for the purpose of soliciting real estate related goods and services during and after the term of this Buyer-Broker Agreement, at the following numbers:

Home Work Cell

Fax and/or E-mail .

In any transaction for the acquisition of a property, Buyer agrees that the Earnest Money Deposit may be placed in an interest-bearing trust account with interest paid to the .

9. Equal Housing Opportunity

The Buyer and the Company will comply with Federal, State, and local fair housing laws.

10. Faxes

Facsimile (fax) transmission of a signed copy of this Non-Exclusive Buyer-Broker Agreement, and retransmission of a signed fax, shall be the same as delivery of an original. If this transaction involves multiple Buyers, this Non-Exclusive Buyer-Broker Agreement may be executed in counterparts.

11. Entire Agreement

This Non-Exclusive Buyer-Broker Agreement contains the entire agreement between the parties relating to the subject matter of this Non-Exclusive Buyer-Broker Agreement. This Non-Exclusive Buyer-Broker Agreement shall not be modified or amended except in writing signed by the parties hereto.

WITNESS our signatures as of the day and date first above stated.

(Name of Broker)

By:

(Printed or typed name)

(Name and Signature of Buyer)

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What the Non-Exclusive Buyer Broker Agreement and Agency Disclosure Is

A Non-Exclusive Buyer Broker Agreement and Agency Disclosure is a real estate document that defines the working relationship between a prospective buyer and a broker or agent while informing the buyer about agency duties and any potential conflicts. The non-exclusive structure allows the buyer to work with multiple brokers or to pursue properties independently while preserving the broker’s right to commission under agreed conditions. The agency disclosure portion communicates whether the agent represents the buyer, seller, or both and outlines fiduciary duties, confidentiality expectations, and compensation terms. Electronic signatures are generally permitted under federal ESIGN and state UETA frameworks.

Why this Agreement Matters for Buyers and Brokers

This document clarifies compensation, obligations, and the scope of the broker’s authority, reducing misunderstandings and disputes. The agency disclosure ensures the buyer receives required information about agency status and duties, helping satisfy state disclosure laws and ESIGN/UETA requirements when consented to electronically.

Why this Agreement Matters for Buyers and Brokers

Who typically completes and relies on this agreement

The Non-Exclusive Buyer Broker Agreement and Agency Disclosure is completed when a buyer and broker begin a working relationship and need written terms and disclosures.

  • Buyers seeking clarity on representation and commission responsibilities during a property search.
  • Brokerage firms and individual agents documenting their services, compensation, and agency status.
  • Real estate brokers’ compliance teams and transaction coordinators maintaining disclosures for regulatory review.

Proper completion benefits all parties by establishing expectations and preserving evidence of consent, scope, and timing of representation.

Step-by-step: completing the agreement in sequence

Follow this sequence to prepare a clear, enforceable agreement and meet disclosure timing requirements.

  • 01
    Gather IDs: Collect buyer and broker identification and license numbers.
  • 02
    Set Dates: Enter effective and expiration dates in MM/DD/YYYY format.
  • 03
    Define Compensation: Specify commission terms, percentages, or fees and payment triggers.
  • 04
    Execute Signatures: Obtain dated signatures from buyer and broker; record witness or notary if required.

How the agreement flows through a transaction

This overview shows the typical routing and what each party should expect when the agreement is used in a purchase workflow.

  • Agreement Drafted: Broker prepares and selects required disclosure language.
  • Buyer Review: Buyer reviews terms and asks clarifying questions.
  • Signatures Added: Buyer and broker sign electronically or on paper.
  • Record Retained: Executed copy is stored for retention and audit purposes.

Typical digital workflow settings for online completion

Use these common configuration choices when preparing the agreement for electronic distribution and signature.

Field Configuration
Signature Type Email link or typed/signature image
Authentication Email code or SMS two-factor
Consent Disclosure ESIGN consumer disclosure required for consumer-facing records
Retention Secure PDF with audit trail retained per policy

Digital signing: platform features to expect

Choose a platform that supports secure signatures, audit trails, and configurable authentication for real estate agreements.

  • Audit Trail: Timestamped event log
  • Authentication Options: Email, SMS, or advanced ID
  • Document Formats: PDF and DOCX supported

Confirm the platform can produce a tamper-evident PDF and meet any state-specific authentication, notarization, or storage requirements before relying on electronic execution.

Key timing considerations for completion and disclosure

Certain disclosures and dates affect when duties begin and when compensation protections apply; document these dates clearly.

Effective Date Entry:

Enter the agreement start date in MM/DD/YYYY format; it anchors obligations.

Disclosure Timing:

Deliver agency disclosure at first substantive contact in many jurisdictions.

Term Expiration:

Record the expiration date to end broker protection automatically.

Offer and Commission:

Note conditions that trigger commission, such as accepted offer date.

Record Retention:

Keep executed records according to retention policies and applicable law.

Milestones from agreement to closing

A typical milestone sequence helps teams track key handoffs and legal protections from execution through closing.

01

Agreement Execution

Parties sign and date the buyer broker agreement.

02

Property Search

Broker provides property options and market data.

03

Offer Submitted

Broker assists with offer preparation and submission.

04

Closing Completed

Final commission obligations are resolved at closing.

Security, privacy, and compliance controls to check

Encryption: TLS 1.2/1.3; AES-256 at rest
Regulatory Certs: SOC 2 Type II; ISO 27001
HIPAA Support: BAA available where required
Audit Trail: Complete event log and timestamps
Data Privacy: CCPA and GDPR compliance
21 CFR 11: Support for FDA-regulated records

Consequences and legal risks of improper completion

Enforceability Risk: Ambiguous terms may render claims unenforceable
Commission Disputes: Unclear compensation invites litigation
Regulatory Noncompliance: Missing disclosures can breach state law
Data Privacy Violations: Improper handling may trigger CCPA or HIPAA issues
Notarization Errors: Failing to notarize when required voids acknowledgments
Recordkeeping Failures: Insufficient retention may complicate audits

Common preparation mistakes to avoid

  • Leaving the compensation clause imprecise or open-ended, which creates ambiguity about when and how a broker earns commission and can lead to disputes.
  • Using inconsistent party names across the agreement and disclosure, such as abbreviations or nicknames, which may create enforceability and identity-matching problems.
  • Failing to deliver an agency disclosure at first substantive contact when state rules require it, exposing the broker or firm to regulatory penalties or disciplinary action.
  • Neglecting to set a clear expiration or termination condition, which can extend broker protections unintentionally and complicate future representation choices.

Real-world examples of how firms use this agreement

These short case arcs show practical implementations and outcomes from verified users and firms.

Martin Properties — Closing Efficiency

Martin Properties moved to signed non-exclusive agreements for most buyers to streamline intake and protect commissions.

  • They used a secure eSignature workflow to record consent.
  • As a result, they reported fewer scheduling delays and a consistent audit trail retained for transactions across mobile and desktop channels.

Optica Ventures — Standardized Documentation

Optica Ventures standardized the agency disclosure language across agents to reduce variability in client conversations.

  • Standard templates were applied firm-wide.
  • The firm reduced follow-up clarification emails and improved internal compliance oversight while preserving buyer flexibility to work with multiple brokers.

eSignature vendor pricing comparison for document execution

Compare core pricing and capability rows relevant to executing and storing Non-Exclusive Buyer Broker Agreement and Agency Disclosure documents. signNow is listed first per vendor comparison requirements.

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 Varies Varies Varies
Bulk Send Yes (Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical tips to ensure clear, enforceable agreements

Follow these best practices to reduce disputes and support compliance when completing and storing the agreement and disclosure.

Use precise compensation language
Draft compensation clauses with explicit triggers, amounts, or formulae and specify whether reimbursement applies to offers presented by the buyer or procured properties to avoid later disputes.
Record delivery of agency disclosure
Document when and how the agency disclosure was delivered (email, in-person, electronic link) and retain evidence of the buyer’s receipt or consent for regulatory proof.
Standardize templates
Maintain a firm-approved template reviewed by legal counsel to ensure consistency across agents and to incorporate required state-specific disclosure language.
Validate signer identity
Use at least email plus one additional authentication method for consumer signers when handling high-value transactions or where state rules require additional verification.

Frequently asked questions and practical answers

Answers to common questions about use, enforceability, and electronic completion of Non-Exclusive Buyer Broker Agreement and Agency Disclosure documents.


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