A non-exclusive buyer agency agreement is a written contract that lets you work with more than one agent at the same time while still defining each agent's duties and compensation. Under rules that took effect Aug. 17, 2024, NAR members in the US must have a signed buyer agreement in place before touring any property. This guide walks through what the agreement must contain, a clause-by-clause template you can adapt, and how state forms compare across NC, NJ, PA, and California.
Note: the NAR rules and state forms below apply to US buyers. If you are purchasing property in Australia, the regulatory framework is different.
What Is a Non-Exclusive Buyer Agency Agreement?
A non-exclusive buyer agency agreement lets you hire an agent to help you find and purchase a property without locking you into that agent exclusively. You can work with several agents at the same time, and you owe compensation only to whichever agent actually procures the property you buy.
This differs from an exclusive agreement, where one agent earns a fee regardless of who finds the property. Demand for the non-exclusive version has grown sharply since the NAR settlement: online searches for buyer agency agreements increased by 105% in the period following the settlement. Before 2024, fewer than half of buyers signed any written agreement at all: only 41 percent of recent home buyers in 2023 reported they had done so, according to a 2024 Consumer Policy Center analysis.
What Must Every Non-Exclusive Buyer Agency Agreement Include?
Every valid non-exclusive buyer agency agreement must cover these elements. Reviewing your buying strategy for due diligence before you sign helps you understand what to ask for. You can also learn more about working with a buyer's agent at Elevate Buyers Agents.
The required clauses are:
- Parties: Full legal names of the buyer and the brokerage, plus contact details for both.
- Property description: The type, location range, or specific address of properties the agent is authorized to show you.
- Start and end dates: A defined term so the agreement does not run indefinitely.
- Agent duties: A written list of services the agent will provide, such as property search, scheduling, and negotiation.
- Compensation: The exact rate or amount, how it is calculated, and who pays it. Most practitioners still report rates near standard levels, with a HousingWire analysis finding buyer's agent commissions averaged 2.42% in Q3 2024, while 64% of practitioners in a 2025 RISMedia study reported rates at 2.5% or higher. Your rate is negotiable and must be written into the agreement.
- Dual agency consent: A disclosure and your written consent if the agent may also represent the seller in the same transaction.
- Termination clause: The conditions under which either party can end the agreement early.
Under the Aug. 17, 2024 NAR rule, this agreement must be signed before you tour any property, not after.
Non-Exclusive Buyer Agency Agreement Template: Section-by-Section
The structure below is a copy-ready outline. Fill in each bracketed field before signing. For context on how a Buyer's Agent guides you through each stage, see How Our Buyers Agent Process Works.
Section 1: Parties
Buyer: [Full legal name], [address], [phone], [email].
Agent/Brokerage: [Brokerage name], [license number], [address], [agent name].
Section 2: Property Description
The Agent is authorized to assist Buyer in locating property of the following type: [residential / commercial / land], located in [city, county, or state], in the price range of [$ minimum] to [$ maximum].
Section 3: Agreement Term
This agreement begins on [start date] and ends on [end date], unless terminated earlier per Section 7.
Section 4: Agent Duties
The Agent agrees to: conduct property searches matching Buyer's criteria; schedule and accompany Buyer on property tours; provide market analysis; and negotiate on Buyer's behalf.
Section 5: Compensation
Buyer agrees to pay Agent a fee of [X%] of the purchase price, or $[flat amount], payable at closing. If the seller offers buyer-side compensation equal to or greater than this amount, that payment satisfies Buyer's obligation.
Section 6: Dual Agency Consent
Buyer [does / does not] consent to dual agency. If consent is given, Buyer acknowledges that Agent will represent both parties in the same transaction and will provide limited representation to each.
Section 7: Termination
Either party may terminate this agreement with [X days] written notice. Buyer remains liable for compensation on any property introduced by Agent during the term.
Signatures: Buyer signature, date. Agent signature, date.
When filling out this template, use the property description section to be as specific as possible: a vague location range can create disputes about whether an agent was the procuring cause. In the compensation section, write the exact percentage or dollar figure rather than leaving it blank, since an unsigned or incomplete rate is unenforceable under the NAR rule. For the termination clause, 30 days written notice is a common standard, but you can negotiate a shorter window if you prefer more flexibility.
How Do State Forms Differ? NC, NJ, PA, and California Examples
State associations publish their own standard forms. The table below shows the form name and dual agency disclosure approach in each jurisdiction. The core required clauses are the same everywhere, but the form layout, default termination notice period, and dual agency language vary. Always request the current version from your agent, as forms are updated after rule changes.
| State / Form | Form Name | Dual Agency Disclosure | PDF Available |
|---|---|---|---|
| North Carolina | NCAR Form 203 | Yes, dedicated section; updated 2025 to reflect post-settlement rules | Available via NC REALTORS members |
| Illinois | Illinois REALTORS Form 339 | Yes; Form 339a available for buyers who decline dual agency consent | Available via Illinois REALTORS members |
| New Jersey | State-specific form required by NJ Real Estate Commission | Required disclosure | Available through NJ-licensed brokerages |
| Pennsylvania | PA Association of Realtors buyer agreement form | Required disclosure | Available through PA-licensed brokerages |
| California | CAR Buyer Representation and Broker Compensation Agreement | Required disclosure | Available through California-licensed brokerages |
Each state publishes its own standard form; request the current version from your agent.
Do I Need to Sign an Agreement Before an Open House?
A signed buyer agreement must be in place before a member agent tours a property with you. Open houses are not a blanket exemption in every jurisdiction. Some states and brokerages treat an agent-hosted open house as a "tour," which triggers the requirement. Others allow unrepresented buyers to attend without signing. Check with your state's real estate commission or the hosting agent before you arrive. If you attend as an unrepresented buyer, you have no agent advocating for your interests in that transaction.
Prices and plan limits verified as of October 2026.
FAQs
Can I get out of an exclusive buyers agency agreement?
Most exclusive agreements include a termination clause that allows either party to exit with written notice, typically 30 days. Review your agreement's termination section before signing. If no exit clause exists, you may need to negotiate a mutual release with the brokerage. Some states require brokerages to release buyers on request. Check your state's real estate commission rules and, if needed, seek legal advice.
Can a seller refuse to pay a buyer’s agent?
Yes. Since the NAR settlement, sellers are not required to offer buyer-side compensation. Your buyer agency agreement should specify what happens if the seller pays nothing. For a detailed breakdown, see Can a Seller Refuse to Pay Buyers Agent Fees in 2026.
Can I view a home without a buyer’s agent?
You can attend a listing showing or open house without representation, but you will have no agent negotiating exclusively for your interests. The listing agent represents the seller. If you are in a jurisdiction where NAR rules apply, an agent cannot tour you through a property without a signed agreement in place first.
What is the difference between a Georgia exclusive and a non-exclusive buyer’s agreement?
A Georgia exclusive buyer agency agreement binds you to one agent for the full term, meaning that agent earns a fee on any property you buy during that period, regardless of who found it. A non-exclusive agreement limits the fee to transactions where that agent was the procuring cause. Georgia uses state-specific forms; ask your agent for the current version from the Georgia Association of Realtors.
Conclusion
A non-exclusive buyer agency agreement gives you the flexibility to work with more than one agent while still setting clear expectations on duties, compensation, and dual agency. Every agreement, regardless of state, must include the parties, a defined term, a written compensation rate, and agent duties, and under current NAR rules it must be signed before any property tour.
Before you sign anything, read the compensation clause carefully and confirm the termination terms. If the rate or notice period does not suit you, ask to negotiate both before you put pen to paper.
