Written Buyer Agreements in Virginia: What Homebuyers Need to Know

Curt Reichstetter

Jan 21

5 min read

Updated: 5 days ago

Virginia buyers should expect to discuss and sign a written brokerage agreement before an agent shows them property. The agreement is not merely paperwork at the door. It establishes the relationship, identifies the services the real estate professional will provide, explains compensation, and gives both sides a written framework before the search becomes urgent.

Virginia law and nationwide MLS practice rules both support written agreements, but they are not identical. Virginia law governs licensees working in the Commonwealth. National Association of REALTORS® practice changes, effective August 17, 2024, require MLS participants working with a buyer to enter into a written agreement before touring a home. Virginia’s updated statute requires a licensee engaged by a buyer to enter into a brokerage agreement before showing property.

This article is general consumer information, not legal advice. The exact form and obligations should be reviewed with the real estate professional, managing broker, or attorney involved.

What Is a Buyer Brokerage Agreement?

A buyer brokerage agreement is the written contract that creates the brokerage relationship between the buyer and the real estate licensee or firm. It should make clear who is represented, the nature of the relationship, the services to be provided, the duration of the agreement, and how brokerage fees are handled.

When Is the Agreement Needed?

Virginia law requires a licensee engaged by a buyer to enter into a brokerage agreement before showing property to that buyer. NAR’s MLS policy similarly requires an agreement before an in-person or live virtual tour when an MLS participant is working with the buyer.

A consumer does not need a buyer agreement merely to attend an open house independently or to ask an agent about services. Once the agent begins working with the buyer and arranging or conducting tours, the agreement should be in place before the first showing.

What Virginia Brokerage Agreements Must Address

Virginia’s updated brokerage-agreement provisions require a written agreement and identify core terms. Buyers should expect the form to address:

A definite termination date, or the statutory default if no date is stated
The amount of brokerage fees and how and when they are paid
The services the licensee will provide
Other terms agreed to by the buyer and licensee
Applicable disclosures when dual representation is involved

Compensation Must Be Clear and Negotiable

Broker fees and commissions are not set by law and are negotiable. Under NAR’s written-agreement policy, compensation must be stated in an objectively ascertainable way rather than left open-ended. The broker may not receive more for the covered brokerage services than the amount or rate agreed to with the buyer.

The agreement should explain the buyer’s obligation and how payments from other permitted sources may be credited. A seller may agree to pay or contribute toward buyer-broker compensation, but that is not automatic and may not fully satisfy the buyer’s contractual obligation. The purchase offer and buyer agreement should be coordinated carefully.

The Length and Scope Are Important

Buyers should understand when the agreement begins, when it ends, the geographic area and property types it covers, and whether it is exclusive. A limited agreement for a particular property or short period may operate differently from a broader representation agreement. The right fit depends on the services and commitment both sides are prepared to provide.

What Services Should a Buyer Expect?

The agreement should state the services to be rendered. Depending on its terms, buyer representation may include helping define the search, identifying properties, arranging access, evaluating location and property considerations, preparing and negotiating offers, tracking deadlines, coordinating inspections and due diligence, communicating with the lender and settlement professionals, and helping solve problems through closing.

At Two Dog Realty, the agreement discussion is part of the buyer consultation. Heather typically leads a line-by-line review, while Curt adds practical examples from prior transactions. The goal is not to rush a signature; it is to make the working relationship understandable before offer pressure begins.

Read the Termination Provisions

Buyers should know how the relationship can be ended, whether any protection period applies, and whether compensation could remain due for a property introduced during the agreement. Do not assume an agreement can be canceled in any manner or at any time without consequences. Ask questions before signing.

Agency and Dual Representation

The agreement should identify the type of representation. If the same firm or licensee may represent more than one party in a transaction, Virginia disclosure and consent requirements may apply. Buyers should understand whose interests each licensee represents and what duties may be limited before consenting.

Questions to Ask Before Signing

Who exactly will represent me—the individual licensee, the firm, or a team?
What services are included, and what is not included?
How long does the agreement last?
What properties and geographic areas does it cover?
Is the relationship exclusive?
What compensation am I agreeing to, and when could I owe it?
How will any seller or listing-broker payment affect my obligation?
How can the agreement be terminated?
What happens if I buy a property identified during the agreement after it ends?
How would dual or designated representation be handled?

Frequently Asked Questions

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.

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.

The Bottom Line

A written buyer agreement should create clarity, not confusion. Read it, ask questions, negotiate terms where appropriate, and make sure the relationship reflects the service and guidance you expect.

Authoritative Sources

Code of Virginia §§ 54.1-2132 and 54.1-2137; National Association of REALTORS® Written Buyer Agreements 101 and consumer guidance. Confirm current requirements for your transaction with a Virginia real estate professional or attorney.