If you're buying a home, you're going to hear about a Buyer Agency Agreement before we ever tour a home together. I get asked about it a lot, so here's what it actually is, in plain English.
What is it?
A Buyer Agency Agreement — sometimes called a Buyer Representation Agreement — is a written contract between you and me, as your agent. It says, in writing, that I'm representing you in your home purchase, what I'll do for you, and how I get paid.
It covers the basics: the type of home you're looking for, the area, how long the agreement lasts, and the compensation — a specific amount or percentage, not a range, not a guess.
That's the whole point of it: no surprises later about who I'm working for, or what I'm paid.
Are they required?
In practice, yes — if you want an agent to tour homes with you.
Since August 17, 2024, under the National Association of Realtors settlement, an agent working with a buyer has to have a signed written agreement in place before touring a home. Ohio followed with its own law, House Bill 466, which requires a written agency agreement before an agent can show a property, make an offer on your behalf, or negotiate for you.
That doesn't mean Ohio law forces you to hire an agent to buy a home. You can buy without one. But if you want me in your corner — touring with you, advising you, negotiating for you — we sign first. That's true whether the agreement is for one showing or for a full search period. We talk through the term together, and it's not a lifetime commitment.
What does it mean for you, the buyer?
A few things that matter:
First, I'm your fiduciary. That means I'm legally obligated to act in your interests — to be loyal to you, to use reasonable skill and care, to disclose material facts, and to negotiate on your behalf. I'm not just opening doors. I'm advising you, and I'm on your side of the table.
Second, if it's an exclusive agreement, you're agreeing to work with me — not another agent — for the type of home and area covered, during the term. That's how I can justify putting real time into your search, your Home Platform Collection, your Private Exclusive and Coming Soon first looks, and your negotiations.
Third, the compensation in that agreement is the ceiling, not a floor. I can't accept more than the amount we agreed to, even if someone offers more. And commissions are not set by law — they're fully negotiable, and we discuss that amount up front, before we tour.
Can the seller pay my agent's commission on my behalf?
Yes — and this is the part most buyers misunderstand.
A seller is not required to pay your buyer's agent. That's no longer automatic, and it can no longer be advertised as an offer of compensation on the MLS.
But a seller can agree to pay it, as part of the purchase contact/ negotiation. In practice, that's often how it works: we ask for seller-paid buyer agent compensation as a term in your offer, or it's negotiated agent-to-agent, and if the seller agrees, it's paid at closing.
Here's how the math works in plain English:
If the seller agrees to pay the full amount in our agreement, you pay $0 out of pocket for my fee at closing.
If the seller agrees to pay part of it, you would be responsible for the difference, unless we negotiate something different.
If the seller won't pay any of it, the amount in our agreement is what you'd owe — which is exactly why we talk about that number before we start touring, not after you fall in love with a house.
That negotiation is part of the offer strategy, just like price, inspection terms, and closing date. It's not an afterthought.
The bottom line
A Buyer Agency Agreement isn't paperwork for paperwork's sake. It's transparency: you know who I work for, what I'll do, how long we're working together, and exactly how I get paid — before we ever walk through a front door.
If you're thinking about buying, we'll walk through the agreement together, line by line, and if you want to move forward, we'll set up your search from there.
This is general information about how buying works in Ohio, not legal advice. If you have a specific legal question about an agreement, talk to a real estate attorney.
