Understanding Buyer Brokerage Service Agreements in Washington State

In a recent podcast, I talked about the confusion around Washington State requiring agency agreements between real estate agents and buyers.

As of January 1, 2024, if an agent is going to represent you as a buyer, there must be a signed agreement in place. It’s called a Buyer Brokerage Services Agreement.

This came out of changes in the industry pushing for more transparency with consumers. The National Association of REALTORS® followed with a similar requirement nationwide later in 2024.

Even with that, there’s still a lot of confusion—both from buyers and, honestly, some agents.

So, I want to walk you through this in a way that actually makes sense before you sign anything.

First Let Me Be Clear

This is a CONTRACT.

Once you sign it, it’s enforceable.

I recently talked to a buyer who didn’t realize that—and they were frustrated when they found out they couldn’t just go work with someone else.

That’s not a great place to be.

So, understanding this upfront matters.

What This Agreement Does

At a basic level, it outlines:

• What your agent is responsible for
• What services you’re agreeing to
• How long you’re working together
• How the agent gets paid

Your agent is also required to give you the “Real Estate Brokerage in Washington” pamphlet, which explains your rights and the duties they owe you.

That includes:

• Acting in your best interest
• Keeping your information confidential
• Disclosing conflicts if they exist

When You Actually Need to Sign One

If an agent is going to:

• Show you homes
• Advise you on a purchase
• Help you write an offer

You need a signed agreement first.

Now, they can still:

• Host open houses
• Show their own listings

But they need to be clear they represent the seller in that situation.

If you move forward working with them as your agent, then the agreement comes into play.

The Big Items You Should Pay Attention To

1. The Term (How Long You’re Committed)

Every agreement has a start and end date.

Most forms default to around 60 days, but that’s negotiable.

Here’s what I’d tell you if we were sitting down together:

If it takes longer to find the right home, which often does—you want to make sure the timeline actually fits your plan.

2. Exclusive vs. Non-Exclusive

You have options here, and this is one of the most misunderstood parts.

Exclusive Agreement

You’re working with one agent.

They’re committed to you, and you’re committed to them.

That usually creates:

• Better communication
• Stronger advocacy
• A more consistent strategy

Non-Exclusive Agreement

You can work with multiple agents.

Whichever agent helps you secure the property is typically the one who gets paid.

This gives flexibility—but in my experience, it can also create confusion and a lack of consistency.

That’s a decision you should think through based on how you want to work.

3. Limited Dual Agency

This is when one agent represents both the buyer and the seller.

It’s allowed—but only with written consent from both sides.

Here’s the reality:

That agent has to stay neutral.

They can’t fully advocate for you the same way they could if they only represented you.

I’ve been in those situations, and they can get uncomfortable if things aren’t clear.

Some people are fine with it. Others aren’t. Just make sure you understand what you’re agreeing to.

4. Compensation (This Is the Big One)

This is where things have changed the most.

Your agreement will spell out how your agent is compensated—and that amount is negotiable.

It is no longer automatically assumed that the seller pays your agent.

Now, here’s how this plays out in the real world:

• You and your agent agree on compensation
• You can request the seller to pay it as part of your offer
• That becomes part of the negotiation

Sometimes sellers will agree. Sometimes they won’t. It depends on the deal.

What I always tell buyers is this:

A good agent should be able to explain their value—and structure a deal that puts you in the best position possible.

A Simple Tip That Most People Miss

Before you sign anything, ask this:

“What happens if I’m not happy and want out?”

That conversation alone will tell you a lot about the agent you’re working with.

In my business, if I’m not doing my job, I’ll let someone out of the agreement. But that’s something you want to be clear on upfront—and in writing if it matters to you.

Final Thought

This agreement isn’t something to be nervous about.

It’s there to create clarity—for both you and your agent.

But like anything you sign, you should understand it before you commit.

Take the time to:

• Ask questions
• Understand your options
• Choose the right person to represent you

Because the right relationship here makes a big difference in how your experience goes.

If You Want Help Walking Through It

If you have questions about a Buyer Brokerage Services Agreement or want someone to walk through it with you before you sign, I’m happy to help.

No pressure—just making sure you understand what you’re stepping into.