Nicole McGowanREALTOR®, MRP, SRS
New Rules, Explained Simply

The Buyer Broker Agreement

Do You Have to Sign Something to See Homes With a Realtor?

Fort Walton Beach
  • Niceville
  • Navarre
  • Crestview
  • Shalimar
  • Mary Esther
  • Destin
  • Freeport

You found a house you want to see, you call an agent, and the first thing they send you is something to sign. If that caught you off guard, you're not alone. Here's what a buyer broker agreement really is, who it protects, and when you actually need one.

When you signWhat it protectsWho pays
The Short Answer

Yes, Before Your First Tour With an Agent

Since August 17, 2024, agents in the MLS who work with buyers need a written agreement in place before touring a home with you. It spells out what your agent will do for you and how they'll be paid.

Tour #1If you're working with an agent, the agreement is signed before you tour your first home together, in person or by live video tour.Walking into an open house on your own doesn't need one.
100%negotiable, including how your agent is paid
Setpay must be a clear amount or rate, never "whatever the seller offers"
No Moreyour agent can't be paid more than the agreement says
1 or Manyit can name one address, or the city or county you're searching

Sources: NAR consumer guide and Florida Realtors.

Agent Tip From Nicole

A buyer broker agreement isn't a trap. It's the moment your agent puts in writing exactly what they'll do for you and how they'll be paid, before you ever walk into a house together. Buyers I work with around Fort Walton Beach, Niceville and Crestview should feel comfortable asking every question about it first.

Try It

Do I Need to Sign for This?

Tap what you're about to do and see if an agreement comes first.

Going to an Open House

Do I need to sign?

No. You can walk into an open house on your own without a buyer agreement.

Good to know

The host usually works for the seller. If you already have an agent, mention their name when you sign in.

Just Asking Questions

Do I need to sign?

No. Talking with an agent about how they work, or about the market, doesn't require an agreement.

Good to know

It's a great time to ask what they'll do for you and how they're paid, before anything is signed.

Touring a Home With Your Agent

Do I need to sign?

Yes. A written agreement comes before your first tour together.

Good to know

It can name just that one home's address, or the city or county you're searching. You decide what you're comfortable with.

A Live Video Tour

Do I need to sign?

Yes. A live video tour from your agent counts as a tour, so the agreement comes first.

Good to know

This helps out-of-town and PCS buyers too. You can sign electronically from anywhere.

The Listing Agent Shows You Their Listing

Do I need to sign?

Usually not, when the agent is only working for the seller and simply giving you access.

Good to know

That agent represents the seller, not you. Here's what to know before buying through the listing agent.

No agreement needed
Behind the Paperwork

What It Really Protects

A buyer broker agreement protects both of you. You know exactly what you're getting, and your agent knows they're working for you.

The Big Question

Who does a buyer broker agreement protect?

You, first. It puts in writing what your agent will do, how long the agreement lasts and exactly how they'll be paid, so there are no surprises at the closing table. It also protects your agent's time and work on your behalf.

  • Your agent's duties are spelled out
  • It names one home, or the city or county you're searching
  • Pay is a set amount or rate, never open-ended
  • Your agent can't be paid more than it says
Q · NegotiableIs a buyer broker agreement negotiable?
Yes, every part of it, including how your agent is paid and how long it lasts. Don't sign terms you don't understand.
Q · Who PaysCan the seller still pay my buyer's agent?
Yes. Sellers can still offer to pay, and you can ask for it in your offer. The agreement just sets what your agent is owed.
Q · Paying LaterWhen does my agent actually get paid?
Usually at closing, through the title company, based on what the agreement and your contract say.
More Buyer Agreement QuestionsLength, canceling and Florida forms
Q · One HomeCan I sign a buyer agreement for just one house?
Yes. If you only want to see one home, the agreement can simply list that address.
Q · LengthHow long does a buyer broker agreement last?
As long as you and your agent agree on. You set the timeframe together.
Q · CancelingCan I cancel a buyer broker agreement?
It depends on its terms. Read how it ends before you sign.
Q · Two AgentsWhat if I already signed with another agent?
Tell any new agent first. You shouldn't have two agreements for the same services.
Agent Tip From Nicole

Most buyer agreements name the city or county you're searching, and if you're sure about just one home, it can list only that address. How long it lasts is up to you and your agent. Before you sign, ask two questions: how long does this last, and how does it end? A good agent will happily walk you through both. Whether you're buying in Navarre, Shalimar or Fort Walton Beach, you should never feel stuck with someone who isn't the right fit.

For Military Buyers

What VA Buyers Should Know

What changed for VA loans

  • Since August 10, 2024, VA lets veterans pay their own buyer's agent fee when needed.
  • The fee can't be rolled into your VA loan.
  • Amounts should be reasonable and customary, and they're negotiable.

What still works in your favor

  • The seller can still pay your agent's fee.
  • VA doesn't count a seller-paid buyer's agent fee as a seller concession.
  • Your lender confirms how it all works on your loan.

Source: VA Circular 26-24-14. VA rules can change, so always check with your lender.

Agent Tip From Nicole

Moving to Eglin or Hurlburt on PCS orders? You can sign your buyer agreement electronically before you ever arrive, so we can start live video tours right away. My VA buying guide walks through the rest of the process.

Finish Line Tracker

Follow the Agreement to the Finish Line

Tap each stage to see where the agreement fits from your first call to closing day.

The First Conversation

You talk with an agent about what you want and how they work. No agreement is needed just to talk.

Closer to the finish line
Sign?Not yetAskHow are you paid?

The Agreement Is Signed

Before your first tour, you and your agent sign. It sets their duties, how long it lasts and exactly how they'll be paid.

Closer to the finish line
WhenBefore tour #1TermsAll negotiable

Touring Homes

Now you can tour homes together, in person or by live video. Your agent is working for you.

Closer to the finish line
WhoYou + your agentHowIn person or video

Writing the Offer

Your offer can ask the seller to cover your agent's pay or help with your closing costs, through seller concessions. Then you go under contract.

Closer to the finish line
WhoYou + your agentNextUnder contract

Closing Day

Your agent is paid at closing through the title company, based on the agreement and your contract, and never more than the agreement says.

Closer to the finish line
PaidAt closingNextYour keys
The Takeaway

Clear Terms, Before You Tour

A buyer broker agreement simply puts your working relationship in writing before you start touring homes together. You know what your agent will do, how long it lasts and how they're paid, and every part of it is negotiable. Read it, ask questions, and only sign when it feels right.

Insider Tip

Ask an agent to explain the agreement out loud before you sign it. How they explain it tells you a lot about how they'll communicate with you through the rest of your purchase.

Thinking about buying and don't have an agent yet? Text me.I'll walk you through the agreement before we ever tour a home.

Serving Fort Walton Beach · Shalimar · Niceville · Navarre · Crestview