Short answer
Washington state has required a signed buyer brokerage agreement before private home tours since 2024. The agreement defines what your agent will do for you, how long the relationship lasts, and how they will be paid.
Signing is not a commitment to buy a home, and it is not a commitment to pay a specific amount regardless of what happens — it is a written description of the representation relationship. Understanding what you're agreeing to before you sign gives you better footing throughout the process.
Why Washington requires this agreement
The requirement to sign a buyer brokerage agreement before private tours reflects two overlapping changes.
Washington state law (effective January 1, 2024): Under RCW 18.86.020, licensed brokers providing representation services to buyers must have a signed written agreement before providing those services. This requirement predates the national NAR settlement.
NAR settlement (effective August 17, 2024): The settlement changed how buyer agent compensation works nationally. Before August 2024, seller offers of buyer agent compensation were routinely listed in the MLS. After the settlement, those offers were removed from MLS, and buyers' agents must now have a written compensation agreement with the buyer before touring homes. This aligns with what Washington law already required.
Together, these changes mean that agent compensation — what you might pay your agent, and under what terms — is a formal, written, upfront conversation rather than something that happens invisibly in the background.
Open houses are exempt. You can attend a public open house without signing a buyer brokerage agreement. The listing agent at an open house represents the seller, not you — so no buyer representation is being provided.
What the agreement covers
A standard Washington buyer brokerage agreement (often called a Buyer Brokerage Services Agreement, or Form 41 in Washington) defines:
Scope of services: What the agent agrees to do for you — typically including help identifying properties, scheduling private tours, advising on pricing and offers, and coordinating the transaction from accepted offer to closing.
Duration: How long the agreement is in effect. This is negotiable. Some agents ask for 90 days; others will accept shorter initial periods. Read this carefully: an agreement that runs through December means you remain bound to that agent for purchases in the specified area until December, even if you stop working together actively.
Exclusivity: Whether the agreement is exclusive (you agree to work only with this agent for purchases in the area and period) or non-exclusive (you can work with multiple agents). Exclusive agreements are more common.
Geographic scope: The area where the agreement applies. A well-scoped agreement should match where you're actually looking.
Compensation: What you agree to pay the agent if you purchase a home under the agreement. This is stated as a dollar amount, a percentage of the purchase price, or a formula. It must be in writing.
Seller concession offset: The agreement should specify how seller-paid concessions affect what you owe. Typically: if the seller offers a concession that covers part or all of the agreed compensation, your direct payment is reduced accordingly.
Before signing: what to clarify
Duration and early exit. Ask what happens if the relationship isn't working — can you terminate? What notice is required? Most agents will be reasonable about this; it's worth confirming before you commit to a long term.
Exclusivity scope. If the agreement is exclusive, confirm the geographic area is accurately defined. An agreement that covers all of King County when you're only looking in Bellevue leaves less flexibility than a narrowly-scoped agreement.
What compensation you owe if the seller doesn't offer a concession. The agreement should specify a number or formula. If a seller doesn't offer buyer agent compensation, what do you owe your agent directly? This is the key budgeting question. Know the answer before you make an offer.
What happens if you find a property yourself. If you identify a home at an open house or directly from Zillow and bring it to your agent, does the compensation structure change? Some agreements treat all purchases the same; others differentiate.
Specific services included. Representation services vary. Some agents attend every showing; others work with buyers who do their own open house screening and only want agent involvement for serious offer prospects. Know what is and isn't included in the services you're agreeing to receive.
How compensation works now
Before August 2024, a buyer's agent was almost always paid by the seller through the MLS offer of compensation. Most buyers never saw or thought about this.
After the settlement change:
- Sellers can still offer a concession toward buyer agent fees, but it must be negotiated outside of the MLS — typically written into the purchase offer as a seller credit.
- Buyers have a written agreement specifying what they owe their agent.
- If the seller's concession covers the full agreed amount, the buyer pays nothing directly to the agent.
- If there is no seller concession, the buyer pays the agreed amount, which goes through escrow and appears on the closing statement.
Many Washington sellers continue to offer buyer agent concessions because doing so makes their home accessible to a broader pool of buyers, including those financing with conventional loans where agent fee payment from buyer funds can complicate qualification. But not every seller will offer one.
What this means practically: the compensation question is now explicitly on the table before you write your first offer, not hidden in a commission split you never saw. Most buyers who understand how this works find it straightforward. The key is knowing what you agreed to before the offer stage, not discovering it at closing.
What the agreement doesn't require
The buyer brokerage agreement does not require you to:
- Purchase any home
- Remain with the agent indefinitely if the relationship isn't working (subject to notice terms)
- Pay your agent a specific amount regardless of circumstances
It defines the terms under which representation will be provided — and what compensation applies if you close a purchase during that period and in that area.