When Do You Sign a Buyer Agreement in Virginia?
Before your buyer’s agent shows you property
The timing rule is straightforward when the agent is working for you. Virginia Code § 54.1-2132 says a licensee engaged by a buyer must enter into a brokerage agreement with the prospective buyer before showing property. In everyday language, if you want that licensee to act as your buyer’s agent, the written agreement comes before the tour.
That does not mean every person who walks into a Virginia home for sale must first hire a buyer’s agent. The important question is who the licensee is working for. A seller’s agent can show the seller’s own property under the seller-side brokerage relationship, which is a different situation explained below.
Virginia’s timing rule became law on July 1, 2025. That date matters because buyers who purchased a home a few years ago may remember a different process, and older online articles may still describe the issue mainly as a 2024 industry-policy change.
What counts as “showing property” in Virginia?
Virginia defines “showing property” more broadly than simply unlocking a door. For this part of the law, the definition includes the following activities with a prospective buyer:
| Activity | Does the statutory definition include it? |
|---|---|
| Going to or accessing the property and taking the buyer through it | Yes. |
| Providing a live virtual tour | Yes. |
| While at the property, answering questions that require information beyond public records | Yes. |
| Otherwise providing real estate brokerage services while at the property | Yes. |
Source: Code of Virginia § 54.1-2130
For a remote buyer, the live virtual tour rule matters: “virtual” does not remove the agreement requirement when a buyer-engaged licensee conducts the live showing. The statute specifically says live virtual tour; this guide does not treat a prerecorded listing video as the same thing.
If you are relocating from outside the area, the same rule can come up before you ever set foot in Virginia. Best Reston Agent also has a separate Northern Virginia military relocation resource for buyers planning a move from a distance.
Who is showing you? That changes the answer.
This is the distinction many quick explanations miss. Virginia law allows a licensee who is engaged by the seller to show the seller client’s property to a prospective buyer without entering into a buyer brokerage agreement with that person solely for the seller-side showing.
| Situation | Buyer agreement before that showing? | Who is the licensee representing? |
|---|---|---|
| Your buyer’s licensee shows you a property | Yes. The buyer-engaged licensee needs the agreement before the showing. | Buyer |
| The listing/seller’s licensee shows you the seller client’s property | A buyer agreement with that seller’s licensee is not required solely for the seller-side showing. | Seller |
| You attend an open house hosted under the seller’s representation | A buyer agreement with the seller’s licensee is not required solely for the open house/showing. | Seller, unless a separate buyer relationship is later created |
| Your buyer’s licensee gives you a live virtual tour | Yes. A live virtual tour is included in “showing property.” | Buyer |
Source: Code of Virginia § 54.1-2131(G); NVAR explanation of the July 1, 2025 change
Access to the home and representation are two separate issues. A listing agent may let you see the property while continuing to represent the seller. If the conversation becomes substantive and you are unrepresented, Virginia also has disclosure rules requiring a licensee to tell you about an existing brokerage relationship with another party to the transaction.
Source: Code of Virginia § 54.1-2138
What a Virginia buyer brokerage agreement must cover
A buyer agreement is a contract, not simply permission to open a door. Virginia law requires the brokerage agreement to be in writing and identifies several items it must address. Your brokerage’s actual form may contain additional provisions.
| What to find in the agreement | What Virginia law requires |
|---|---|
| End date | A definite termination date. If no definite date is specified, the statute provides a 90-day termination fallback. |
| Brokerage fee | The amount of the fee and how and when it is paid. |
| Services | The services the licensee will provide. |
| Other terms | Any other agreed terms between the parties. |
| Relationship and compensation conversation | Before entering the brokerage relationship, the prospective client must be advised of the proposed relationship type and the broker’s compensation. |
Source: Code of Virginia § 54.1-2137; Code of Virginia § 54.1-2136
The 90-day rule is a fallback, not a standard contract length
Virginia does not say that every buyer agreement must last 90 days. The statute calls for a definite termination date. If the agreement does not specify one, it terminates 90 days after the date of the agreement. So the useful question is not “Is this a 90-day Virginia contract?” but “What end date does this agreement actually state?”
The same caution applies to exclusivity. Virginia law requires a brokerage agreement in the situations described above; it does not make every buyer agreement universally exclusive. Read the form in front of you for its scope and exclusivity terms.
What can you discuss before you sign?
You do not need to treat the first draft of the agreement as a mystery. Ask the agent to walk through what the brokerage is offering and what the document asks you to accept. For real estate professionals covered by NAR’s written-buyer-agreement rules, NAR’s consumer guidance says services, compensation, duration, and other terms are negotiable.
- Services: What will the agent and brokerage actually do for you?
- Duration: What are the start and end dates?
- Scope: Does the agreement cover a geographic area, property type, or other defined scope?
- Exclusivity: Does the document restrict you from working with another brokerage within that scope?
- Compensation: What amount or method are you agreeing to, and when could you be responsible for payment?
- Termination: How can the relationship be changed or ended, and are there obligations that continue afterward?
Negotiable does not mean every brokerage must accept every term you request. State law, the form being used, and brokerage policy can affect what options are available. If you agree to a change, make sure the final document reflects it rather than relying on a side conversation.
Source: NAR Written Buyer Agreements 101; NAR Consumer Guide to Negotiating Written Buyer Agreements
How buyer-agent compensation works under the agreement
Virginia requires the brokerage agreement to state the brokerage fee and explain how and when it is paid. The law does not set a standard commission percentage. NAR also states that broker compensation is not set by law and is negotiable for professionals covered by its policy.
A seller may agree to contribute toward buyer-broker compensation as part of the transaction, but that contribution is not guaranteed. The buyer’s agreement and the final transaction terms determine how a contribution affects what the buyer may owe.
| Possible transaction scenario | What it can mean for the buyer |
|---|---|
| Seller contribution is enough to cover the agreed buyer-broker compensation | The contribution may satisfy some or all of the contractual compensation, depending on the agreement and transaction terms. |
| Seller contribution is less than the amount in the buyer agreement | The buyer may have a contractual responsibility for a difference, depending on the agreement and any negotiated transaction terms. |
| Seller provides no contribution | Do not assume a universal result. Read the signed buyer agreement to see what compensation obligation applies. |
Source: Code of Virginia § 54.1-2137; NAR Consumer Guide to Negotiating Written Buyer Agreements
Best Reston Agent’s current FAQ says buyer-agent compensation is explained for the buyer’s specific situation before a buyer representation agreement is signed. That is the right time to ask what the fee language means for the transaction you are considering—before you commit to the agreement.
Buyer agreement vs. brokerage disclosure: they are not the same document
Virginia buyers may see more than one piece of agency or brokerage paperwork. A brokerage agreement and a disclosure serve different purposes.
| Document | What it does |
|---|---|
| Buyer brokerage agreement | Creates and defines the brokerage relationship between the buyer and the licensee/brokerage. It addresses the term, services, compensation, and other agreed obligations. |
| Brokerage relationship disclosure | Tells an unrepresented person about a licensee’s existing brokerage relationship with another party when the statutory disclosure trigger is met. It does not, by itself, turn the recipient into that licensee’s client. |
Source: Code of Virginia § 54.1-2138; Virginia REALTORS®: Agency Agreement or Disclosure?
If two documents are put in front of you at the same time, ask which one creates the brokerage relationship and which one is disclosing who an agent already represents. That simple question clears up a lot of paperwork confusion.
What changed in 2024 and 2025?
Two separate changes are often blended together online. They should not be.
-
- Date
- August 17, 2024
- What changed
- NAR’s written-buyer-agreement policy began requiring covered MLS participants “working with” a buyer to have a written agreement before touring a home, including in-person and live virtual tours.
- Why it matters now
- This is an industry/MLS policy framework, not the Virginia statute.
-
- Date
- July 1, 2025
- What changed
- Virginia’s statutory change took effect, requiring a licensee engaged by a buyer to enter into a brokerage agreement before showing property.
- Why it matters now
- For a current Virginia guide, state law is the controlling starting point.
-
- Date
- October 23, 2025
- What changed
- The Virginia Real Estate Board’s older Guidance Document 5039 was deleted after the state described it as outdated/inapplicable because of the July 2025 law change.
- Why it matters now
- Older guidance and articles can now be stale even if they were once accurate.
Source: NAR Written Buyer Agreements 101; NVAR 2025 law-change explanation; Virginia Regulatory Town Hall - Guidance Document 5039
If your last home purchase was before these changes, being asked to sign before a showing can feel new because it is new compared with the process many buyers remember. If this feels unfamiliar, take enough time to understand the document instead of assuming the agreement is either meaningless paperwork or a non-negotiable industry standard.
Questions to ask before you sign
You should be able to answer these questions from the agreement and the conversation with the agent before the first buyer-agent showing:
If a provision is unclear, ask the agent or supervising broker to explain the brokerage’s process and how the provision is intended to work. If you need legal interpretation of the contract, your rights, or a dispute, speak with a Virginia real estate attorney.
What this means for Northern Virginia buyers
The buyer-agreement timing requirement applies statewide in Virginia, so it does not change from Reston to Fairfax County, Loudoun County, Arlington, Alexandria, Prince William County, or another part of the Commonwealth. What changes from one brokerage or transaction to another are the actual services, scope, term, compensation, and termination language you agree to.
If you are preparing to buy in the region, review Best Reston Agent’s Northern Virginia buyer services and buyer and seller FAQ before scheduling tours. First-time buyers can also use the Northern Virginia first-time homebuyer guide to continue planning beyond the agreement itself.
Source: Contact Nikki
Virginia buyer agreement FAQs
Do I need an agreement to tour just one home?
If a Virginia licensee is engaged to represent you as a buyer, the agreement must be in place before that licensee shows you the home—even if you are interested in only one property. What the agreement’s scope or duration can be is a separate question. NAR policy allows different relationship and term structures where state law permits them, but a particular brokerage is not required to offer every possible option.
Do I need an agreement for a live virtual tour?
Yes, when the live virtual tour is being provided by a licensee engaged to represent you as the buyer. Virginia’s statutory definition of “showing property” expressly includes a live virtual tour.
Can I go to an open house without signing a buyer agreement?
A seller’s or listing licensee can show the seller client’s property without entering into a buyer brokerage agreement with a prospective buyer solely for that seller-side showing. That framework covers the basic open-house distinction: seeing a home through the seller’s representative does not, by itself, make that licensee your buyer’s agent.
Can the listing agent show me a property if I am unrepresented?
Yes. Virginia law expressly allows a seller-engaged licensee to show the seller client’s property to a prospective buyer without a buyer brokerage agreement with that person for the showing. Remember that the listing agent is still representing the seller unless a different brokerage relationship is properly created and disclosed.
Can I cancel a buyer agreement in Virginia?
There is no safe universal answer without reading the contract. Check the agreement’s termination, release, carryover, and compensation provisions. If you want to end the relationship, ask how the brokerage documents that change, and get legal advice if there is a dispute about your rights or money owed.
Does Virginia law require an exclusive buyer agreement?
Virginia law requires a brokerage agreement when the statutory trigger applies; it does not say every buyer brokerage agreement must be exclusive. Forms and brokerage practices vary. Read the actual agreement to see whether it is exclusive, non-exclusive, or otherwise limited in scope.
Sources
The legal statements in this guide are grounded primarily in current Virginia law. The association sources below are used for policy, history, and consumer-practice context.
- Code of Virginia Title 54.1, Chapter 21 - Real Estate Brokers, Sales Persons and Rental Location Agents
- NVAR - New Requirement for Buyer Brokerage Agreements
- Virginia REALTORS® - Agency Agreement or Disclosure?
- NAR - Written Buyer Agreements 101
- NAR - Consumer Guide to Negotiating Written Buyer Agreements
- Virginia Regulatory Town Hall - Guidance Document 5039 deletion record