Nikki Lagouros

Buyer Representation Agreement in Virginia: FAQs for Northern Virginia Homebuyers

Buyer Representation Agreement in Virginia: FAQs for Northern Virginia Homebuyers

If an agent is representing you as a buyer in Virginia, you will be asked to sign a written brokerage agreement before that agent shows you a home. Virginia law requires it. What the agreement costs you, how long it runs, what it covers and how you get out of it are not set by law — those terms come from the document in front of you.

Below is what Virginia requires, what the REALTOR® and MLS rules add, and which terms deserve a closer look before you sign. The legal answers here apply in Virginia. This is general information, not legal advice.

Do I have to sign a buyer agreement before touring a home in Virginia?

Yes, if the agent is working for you. Under Virginia law, a licensee engaged by a buyer has to enter into a brokerage agreement with that buyer before showing property to them. Virginia changed this in 2025; the old rule let an agent show you homes first and put the relationship in writing later.

That requirement does not mean no one can open a door for you without a signature, or that every visit to a house makes someone your agent.

Who is showing you the propertyWritten buyer agreement required first?Who that person works for
An agent you have engaged to represent youYes. Virginia requires a brokerage agreement before that agent shows you property.You, on the terms set out in your agreement.
The listing agent, showing their own seller's propertyNo. A licensee engaged by a seller is not required to enter a buyer agreement with you in order to show that property under the seller's brokerage agreement.The seller. Getting you through the door is not the same as representing you.
An open house you walk into on your ownNo. Under NAR's consumer guidance, visiting an open house on your own — or asking an agent about their services — does not require a written buyer agreement.Usually the listing broker or the seller.

So the question to ask is not really "do I have to sign something?" It is "who does this person work for?" Ask it out loud, early. Virginia also has disclosure rules that can apply when a licensee who already represents another party has a substantive discussion with an unrepresented person about a specific property.

What counts as "showing property" under Virginia law?

Virginia defines the term, and it covers more than walking through a house. Showing property includes:

  • taking you to a property, obtaining access to it, and taking you through it;
  • entering a property to give you a live, virtual tour when you are not physically there;
  • answering questions or giving you information about that property that is not public record while at the property; and
  • otherwise providing brokerage services while at the property.

The virtual tour point matters if you are buying from out of state. A live video walkthrough your agent runs for you is still showing property, so the agreement comes first there too.

What is a buyer representation agreement, exactly?

It is the written contract that creates your brokerage relationship with an agent and their broker. Virginia calls it a brokerage agreement. You will also see it called a buyer broker agreement, a buyer agency agreement or a buyer brokerage agreement — in everyday use, people mean the same document.

It sets out the services the licensee will provide, what they are paid and how, how long the arrangement lasts, and whether the licensee is acting as your agent or as an independent contractor. Beyond the handful of items Virginia requires, the terms vary by brokerage and by form. Descriptions online — this one included — do not bind anyone. Your copy does.

Where each rule actually comes from

QuestionVirginia lawREALTOR®/MLS rulesYour agreement
Is a written agreement needed before touring?Yes, when the licensee is engaged by you as a buyer.Yes for MLS participants working with a buyer, before touring a home.Sets when and how it gets signed.
What has to be in it?A definite termination date, the brokerage fees and how and when they are paid, the services to be provided, and any other agreed terms.For covered agreements: compensation stated specifically and in a way that is objectively ascertainable, a cap at the agreed amount, and a conspicuous statement that fees are negotiable.Everything else — exclusivity, scope, added fees, release terms.
How much is your agent paid?No amount or percentage is set by law.Not set by law and fully negotiable; it cannot be open-ended.The actual number, or the method used to calculate it.
How long does it last?A definite termination date — 90 days from the date of the agreement if none is stated.—The real dates you are agreeing to.
Can a seller contribute?—Offers of compensation are no longer published in the MLS, and a buyer can still ask for a contribution.How any contribution is credited against what you owe.

The key is to keep those three columns separate. A brokerage's own policy is not Virginia law, and a professional association rule is not Virginia law either. If you want to see how buyer representation works in practice here, Nikki's Northern Virginia buyer services page covers the working relationship itself.

What has to be in a Virginia buyer agreement — and what to read closely

Virginia sets only the minimum requirements. Everything else is negotiated between you and the brokerage.

Virginia requires every written brokerage agreement to…What that means when you are reading yours
Have a definite termination date — and if it does not state one, the agreement terminates 90 days after its dateFind the end date before you sign. Do not rely on the 90-day fallback as though it were the norm.
State the amount of the brokerage fees and how and when they are paidThis is your payment obligation. Read the calculation method, not just the headline number.
State the services the licensee will renderThis is what you are actually buying, and it is the fair basis for comparing one agent with another.
Include any other terms you and the licensee have agreed toAnything added by hand or by addendum is part of the contract too.
Include the dual-representation disclosures, where the agreement is signed alongside consent to dual representationSee the section on both sides of a transaction below.

That list is the floor, not the document. Read for these as well:

  • whether the agreement is exclusive or non-exclusive;
  • the geographic and property scope — which areas, which property types, which transactions;
  • the compensation amount, or the objective method used to arrive at it;
  • how a seller or listing-broker contribution is credited against what you owe, and what happens if it comes in lower;
  • any retainer, administrative or transaction fee;
  • how the agreement can be amended, released or ended;
  • whether anything survives termination, such as a protection or continuation clause; and
  • any renewal or extension language.

Can I negotiate the agreement?

You can ask. Compensation is expressly negotiable in covered REALTOR® agreements, and the term, the scope, the services and the release provisions are all things buyers raise. What you cannot assume is that every request will be accepted — a broker can decline terms, and brokerage policy may limit what an individual agent can change on their own.

Raise the changes you want before you sign rather than after, and get any agreed change written into the document instead of relying on a text message.

How long does it last, and how does it end?

A written brokerage agreement in Virginia has to include a definite termination date. If it does not state one, it terminates 90 days after the date of the agreement.

Virginia recognizes several ways a brokerage relationship ends: performance is completed, the agreed expiration date arrives, both sides agree to end it, a party defaults under the terms, or a client declines to consent to dual representation and the licensee withdraws. After it ends, the licensee owes no further duties except to account for money and property connected to the relationship and to keep your personal and financial information confidential, unless you have agreed otherwise in writing.

What that framework does not tell you is what ending it early costs you, because that lives in your contract. If the relationship is not working:

  1. Find the termination and release language in your own agreement and read it before you say anything to anyone.
  2. Ask the agent — and, if needed, the supervising broker — to explain how a release would work in writing.
  3. Get any release, change or substitution documented in writing before you start working with someone else.
  4. Talk to a Virginia attorney if there is a genuine dispute, or if money is being claimed after the relationship ends.

Be skeptical of anyone who tells you an agreement can simply be canceled whenever you like. Whether it can, and on what terms, depends on the paper you signed.

Exclusive or non-exclusive: what actually changes

An exclusive agreement commits you to working through that broker for whatever the agreement covers, so the compensation terms can apply even to a property you find on your own inside that scope. A non-exclusive arrangement can leave more room to work with more than one broker. Forms differ, and not every brokerage offers both.

The label matters less than three details underneath it: how wide the scope is, how long it runs, and what triggers the compensation obligation. A narrow, short exclusive agreement can be easier to live with than a loose non-exclusive one. Read those three things together rather than reacting to the word "exclusive" on its own.

What if the same agent or brokerage is on both sides?

That is dual agency or dual representation. Virginia permits it in a residential transaction only after written disclosure of the consequences and the written consent of all parties, given before the dual role begins.

Consent is not a formality, because the disclosure Virginia sets out is specific about what changes once dual representation starts. The licensee cannot advise either party on what terms to offer or accept. They cannot advise you on whether the property suits you or on its condition, beyond the disclosures any licensee representing a seller has to make. They also cannot advise either party on what repairs to make or request. They cannot advise either party in a dispute over the transaction. And either party may hire another licensee, at additional cost, to represent their own interests.

Compare that list with what you actually need for that purchase. You are also allowed to say no: if you refuse consent, the licensee may withdraw from representing you in that transaction, which does not prevent them from representing you in others.

Does new construction work differently?

Your buyer agreement still governs your relationship with your broker. The person at the model home generally works for the builder, not for you, unless a different relationship has been established and disclosed. Registration and cooperation procedures vary by builder and by community, and some have their own rules about when your agent needs to be present. Ask your agent to confirm a specific builder's process before your first visit rather than relying on a general rule you read somewhere.

Who pays the buyer's agent in Virginia now?

Start with the agreement, not with assumptions. The written agreement states what your agent is paid and how and when. Before the brokerage relationship begins, the licensee also has to tell you what the broker's compensation is and whether it will be shared with another broker involved in the transaction.

A seller or listing broker may still contribute toward buyer-broker compensation if that is negotiated into the deal. That is a possibility to pursue, not a default. A contribution changes where the money comes from; it does not change what your agreement says you owe.

What happens in the transactionEffect on your obligationWhat to confirm
A seller or listing broker contributes an amount that covers what your agreement calls forThe contribution satisfies the obligation. Under NAR's rules, a covered participant cannot collect more than the agreed amount from any source.That the contribution is written into the purchase contract before you count on it.
A contribution is offered, but it is less than the amount in your agreementYou may owe the difference, depending on how your agreement handles a shortfall.Exactly how a shortfall is treated — ask before you tour, not at the closing table.
No contribution is offeredYour agreement governs what you owe.Whether a seller contribution can be negotiated into your offer, and how that affects your bid.

This is the question worth pushing on before you sign anything. On the Best Reston Agent FAQ, Nikki says she goes through exactly how buyer-agent compensation would work for your situation before you sign a buyer representation agreement, so nothing is left unclear on closing day.

Is there a standard buyer-agent commission in Northern Virginia?

No. No percentage is set by Virginia law, and NAR's rules require covered buyer agreements to state conspicuously that broker fees and commissions are not set by law and are fully negotiable. Figures quoted in forums and agent blogs describe somebody's practice, not a rule and not a verified market rate.

Comparing agents on an invented benchmark will not tell you much. Instead, compare what a specific agreement charges, what services it includes, and how a seller contribution would be applied.

Questions to ask before you sign

Ask these questions of any agent, not just this one. They focus on the terms that actually bind you.

If an answer is "that's just standard," ask where in the document it says so.

How Nikki handles the agreement conversation

Nikki Lagouros works with buyers across Fairfax County, Loudoun County, Arlington, Alexandria, Prince William County and the wider Northern Virginia region, including buyers relocating from out of state who tour by live video before they arrive. Her published answer on buyer-agent compensation is to walk through how it would work for your situation before you sign a buyer representation agreement. In her words, she would rather over-explain it than let it become a surprise. If this is your first purchase, her first-time homebuyer guidance for Northern Virginia covers the wider process.

That is the right order for the rest of it too: understand the term, the scope, the fee and the exit before you start touring, not after you have found a house you want.

Sources

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