Buyer-Broker Agreement Template (US)

Use a real-estate document, not a generic introducer contract

The existing broker-agreement family in this product covers commercial introducers and commission for business opportunities. A buyer-broker agreement is different. The broker is licensed to assist with real-estate acquisition and may owe statutory, fiduciary, disclosure or agency duties depending on state law and the relationship selected.

This template therefore asks for brokerage licence details, agency relationship, property type, geographic scope, buyer criteria and whether representation is exclusive. It also warns that state broker forms may be mandatory or strongly preferred in many markets.

Compensation has to be explicit

Buyer-broker compensation has become more visible in US practice. The agreement should say how much the broker is paid, when it is earned, who is expected to pay it, whether seller or listing-broker compensation is credited, and whether the buyer must pay a shortfall at closing.

This master treats compensation as a schedule, not boilerplate. It includes percentage, flat fee, retainer, credit, cap, protection period and cancellation effects. It also avoids suggesting that compensation offered by another party is guaranteed.

RESPA referral rules matter around settlement services

Real-estate transactions touch lenders, title companies, escrow agents, inspectors, appraisers and other settlement-service providers. CFPB RESPA FAQs explain that prohibited referrals can involve a broad set of settlement services and that gifts or promotions tied to referral agreements can violate RESPA.

The template includes a referral-fee and affiliated-business disclosure prompt. It does not let a buyer-broker agreement become a hidden kickback arrangement or a requirement to use a particular settlement provider as a condition of representation.

Dual agency and conflicts are state-law questions

Jotform says dual representation may happen if permitted and consented to, which is true but thin. Some states restrict dual agency, require specific statutory disclosures, distinguish designated agency, or prohibit certain conduct even with consent. Commercial and residential rules may differ.

This template uses a conflict section that requires broker disclosure, buyer consent, and state-required forms before dual or designated representation. It also lets buyers reserve the right to independent counsel, inspections, tax advice and financing advice.

The protection period should not be a trap

Many buyer-broker agreements preserve compensation if the buyer later purchases a property introduced during the agreement. That can be fair, but it should be limited to named properties, a defined period, and transactions where the broker was procuring cause or otherwise earned compensation under the agreement.

This master includes a property list and protection-period field. It also gives the buyer a clean termination process and requires the broker to deliver the protected-property list promptly after termination if the broker wants the tail to apply.

Buyer-broker agreement clause guide

Parties and licence details

Identifies buyer, brokerage, agent, licence numbers and contact details.

Agency relationship

States whether the broker is exclusive buyer agent, non-exclusive buyer agent, transaction broker or another permitted role.

Property criteria

Defines property type, location, price range, financing assumptions and excluded properties.

Broker services

Lists search, showings, market analysis, offer assistance, negotiation support and coordination.

Buyer duties

Requires cooperation, accurate financial information, prompt communication and channeling covered opportunities through the broker.

Compensation

Sets fee amount, source, due date, seller-paid credit, buyer shortfall and retainer treatment.

RESPA and referrals

Restricts kickbacks, required use and undisclosed affiliated-business relationships.

Dual agency and conflicts

Requires state-law disclosures and informed written consent where dual or designated agency is allowed.

Term, termination and protection period

States start, end, cancellation rights, protected properties and tail period.

Independent advice

Confirms broker is not providing legal, tax, inspection, appraisal or lending advice unless separately licensed.

US buyer-broker checklist

Real-estate brokerage is regulated mainly by state law. These federal and practical checks should be paired with state forms and broker licensing requirements.

• Use state-required agency disclosures

  Many states prescribe agency, dual-agency, designated-agency or brokerage-relationship disclosures. Attach the required form and do not rely on a generic paragraph.

• Confirm brokerage licence details

  List brokerage and agent licence information and check current status with the state real-estate commission or licensing board.

• State compensation clearly

  Identify commission, flat fee, retainer, credit, cap, due date, seller-paid compensation treatment and buyer shortfall responsibility.

• Avoid RESPA kickbacks and required use

  CFPB RESPA FAQs describe prohibited referral arrangements and note that settlement services include real-estate agents, mortgage brokers, title services and more.

  CFPB RESPA FAQs

• Check the regulatory text on unearned fees

  Regulation X prohibits certain kickbacks, fee splits and unearned fees for settlement-service referrals involving federally related mortgage loans.

  12 CFR 1024.14

• Document fair-housing and anti-discrimination duties

  The agreement should not encourage steering, discriminatory property criteria, or advice inconsistent with fair-housing obligations.

• Limit the protection period

  Tie post-termination compensation to a prompt protected-property list, a reasonable tail period and the broker work actually performed.

How to complete this buyer-broker agreement

1. Add licence information. Enter brokerage, agent, licence numbers and state-required relationship disclosures.
2. Define property criteria. List property type, location, price range, financing, timing and excluded properties.
3. Choose exclusivity. Decide whether the broker is exclusive and what opportunities are outside the agreement.
4. Set compensation. State fee, source, credit, buyer shortfall, retainer and when compensation is earned.
5. Handle conflicts. Attach dual-agency or affiliated-business disclosures where relevant and allowed.
6. Set termination and tail. Add end date, cancellation method and any protected-property list or protection period.

Frequently asked questions

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