What Is a Buyer Representation Agreement (BRA) — and
When Do You Actually Need One?
At its most basic level, a Buyer Representation Agreement (BRA) is a contract that explains how a buyer’s agent is compensated for helping you purchase a home. This document has existed for decades. What’s changed is when it’s required and how explicit compensation must now be, following the NAR settlement.
Simple? Sort of. Important? Absolutely. Let’s break it down.
The Big Picture (Plain English)
• A BRA does not mean you automatically pay your agent a commission or fee
• A BRA does not stop you from talking to agents
• A BRA does clarify who gets paid, by whom, and under what conditions
• A BRA protects both the buyer and the agent from surprises at closing
Buyer Representation Agreement: FAQs
1) Is the BRA a contract between the buyer and the buyer’s agent? Yes. It defines the working relationship and how the buyer’s agent is compensated at the close of escrow (COE).
2) Who pays the buyer agent’s commission? Either:
• The seller, or
• The buyer, if the seller is not offering buyer-agent compensation
• The buyer & seller, via a negotiation upon presentation of the contract
3) Do buyers have to sign a BRA to get listings from an agent? No.
4) Do buyers have to sign a BRA to talk to an agent about buying a home?
No, but this is where people accidentally get into trouble. Once a buyer begins sharing confidential or strategic information (finances, motivation, offer
terms), they may be creating an implied agency relationship with the agent, even without a signed agreement. At that point, the agent has fiduciary duties to the buyer.
5) Can a buyer’s agent get paid without a BRA? No. Without a signed agreement, a buyer’s agent is not legally entitled to compensation, even
if they help close the transaction.
6) Is the buyer required to pay the buyer agent at closing? Usually no. But yes, if the buyer chooses to purchase a home if the seller is not offering a buyer-agent commission. The key point: If payment is required, it will be clearly disclosed in advance — not at closing.
7) Can a BRA be canceled? Yes.
8) How long does a BRA last? Up to 90 days.
9) Is the BRA exclusive or non-exclusive? Both options exist. A buyer can work with an agent on a non-exclusive basis, if the agent agrees.
10) Does a buyer have to sign a BRA before entering a home? Yes, if the home is listed in the MLS but not if the agent showing the home is the listing agent.
Pay attention here…. Always read before signing.
11) What if a buyer sees a home with one agent but buys it with another? The buyer will need to pay a commission to the agent with the signed BRA that showed them the home the first time.
12) What about Zillow or Redfin touring agreements? Be careful. Those agreements commit you to pay a commission. These are often presented as “day-of-showing” forms, but many bind the buyer to that agent and a commission. Refer to #10 - often buyers make the mistake of thinking Zillow or Redfin agents are an ‘open the door’ service. Once a ‘touring document’ is signed, you’re responsible for the commission to that agent if you purchase the home through another agent.
There are real consequences to signing short-term BRAs, touring agreements, or casual “one-off” showings without understanding the obligations these contracts create can be very costly.
Please reach out if you're interested in purchasing a home in Marin or Sonoma County, or have a home sell. You can also find my sage advice by searching for #theNoFilterRealtor.
