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When does a Virginia homebuyer need a written brokerage agreement?

Buying

Virginia licensees engaged by buyers must enter into a written brokerage agreement before showing property. The agreement defines services, duration, compensation, and the working relationship.

August 25, 2026

Written Buyer Agreements in Virginia: What Homebuyers Need to Know

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Curt Reichstetter

A Virginia buyer should expect a written brokerage agreement before an engaged licensee shows property. The agreement should explain the services, duration, scope, compensation, termination provisions, and type of representation. Broker fees are negotiable and not set by law.

What This Covers

Frequently Asked Questions

Do I need an agreement to attend an open house?

Not merely to attend independently or speak with the hosting agent about services. The situation changes when an agent begins working with you and arranging or conducting tours.

Are buyer-agent fees fixed?

No. Broker fees and commissions are negotiable and not set by law.

Does the seller always pay the buyer’s agent?

No. A seller or listing broker may agree to contribute, but the buyer’s responsibility is governed by the buyer agreement and transaction terms.

Can the agreement cover only one property?

Agreement scope can vary if the buyer and brokerage agree and the form complies with applicable requirements. Ask what options the firm offers.

Can I cancel a buyer agreement?

Termination rights depend on the written terms and applicable law. Review the cancellation, expiration, and protection provisions before signing.

Why sign before seeing a house?

The agreement provides transparency about representation, services, compensation, and responsibilities before the agent begins providing brokerage services and before the buyer faces offer pressure.

Do Virginia buyers need an agreement before touring a home?

When a Virginia licensee is engaged by a buyer, state law requires a brokerage agreement before showing property. MLS participants working with buyers also operate under written-agreement rules before tours.

Why do buyers sign a representation agreement?

The agreement explains the agent's duties, the buyer's responsibilities, how representation works, and how compensation is handled. We review it carefully before entering properties.

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