Buyer Representation Agreement
The Buyer Representation Agreement, commonly called the BRA or BRBC, changed from a nice-to-have into a strict requirement following the NAR settlement that took effect in August 2024. If you're a California buyer's agent and you're still fuzzy on when this document needs to be signed, stop what you're doing. This one carries real compliance risk.
Why This Document Matters
The short version: you cannot show a buyer a property or provide buyer representation services without a signed BRA in place. Full stop. This isn't a technicality buried in fine print. It's a condition of the NAR settlement, and California's DRE expects agents to be operating in compliance.
Before August 2024, plenty of agents worked with buyers for weeks without a signed agreement. Maybe a formal BRA came together right before writing an offer, maybe it didn't happen at all. That approach is now a liability. The BRA must be executed before you show homes, provide property analyses, or do really anything that constitutes representing a buyer.
Beyond the compliance piece, this document actually protects you. It establishes your agency relationship in writing, spells out what you're getting paid and how, and sets expectations on both sides. Real talk: most buyer-agent disputes come back to unclear compensation conversations that never happened. The BRA forces that conversation to happen upfront.
The California Association of Realtors overhauled their buyer representation forms following the settlement, so if you haven't reviewed the current version recently, it's worth pulling it up. The form most California agents are using is CAR Form BRBC, which stands for Buyer Representation and Broker Compensation Agreement. You can get a full breakdown in our BRBC overview.
How It Works
The BRA is a bilateral contract. Your buyer signs it, you sign it, and it's binding for the duration specified in the agreement. It defines the scope of your representation, meaning what types of properties you're helping them find, in what geographic areas, and during what time period.
The compensation section is where most agents get nervous, and understandably so. The BRA requires you to state your compensation in a specific dollar amount or a percentage that's objectively determinable. Vague language like "whatever the seller offers" doesn't cut it anymore. You need a clear figure, and your buyer needs to understand that if the seller doesn't offer enough to cover it, the difference may be negotiated as part of the offer terms.
This is actually a healthy conversation to have. How you write a competitive offer can include structuring the purchase price or seller concessions in a way that accounts for buyer agent compensation. Buyers who understand this going in are far less likely to be caught off guard at the table.
Key Sections Explained
Scope of Representation defines the property type, geographic area, and price range you're representing the buyer on. If your buyer decides to pivot from single-family homes to condos, or expands their search to a new county, you may need to amend the agreement.
Compensation Structure is the most changed section post-settlement. You must state your fee clearly. You can reference seller-paid compensation as an offset, but your buyer needs to know the full number you're entitled to and what happens if the seller pays less.
Duration of Agreement sets the start and end date of your representation. Be specific. An open-ended or incorrectly dated agreement creates problems, especially if the buyer writes an offer close to the expiration date.
Duties of the Agent outlines your fiduciary obligations, including loyalty, confidentiality, disclosure, and care. This section mirrors California agency law, and it's worth walking buyers through it briefly so they understand what you owe them.
Duties of the Buyer covers what the buyer commits to, primarily working exclusively with you for the term and compensating you according to the agreed terms.
Cancellation Terms explains how either party can terminate the agreement. Not every working relationship goes smoothly, and both sides need to know their exit options.
Agency Disclosure is built into the form and confirms that the buyer understands you represent them and not the seller.
Common Mistakes to Avoid
- Showing homes before getting a signature. This is the big one. It doesn't matter if it's just one showing, a quick walkthrough with a friend, or an open house you walked through together. If you're acting as their agent, the BRA should already be signed.
- Vague compensation language. Writing "per MLS offer" or leaving the compensation field flexible might feel safer in the short term, but it doesn't comply with current requirements and sets you up for a dispute.
- Missing signatures from all buyers. If two people are buying together, both need to sign. A BRA signed by only one spouse or partner isn't fully executed.
- Wrong dates. Incorrect start or end dates can create gaps in your representation or questions about whether the agreement was valid when an offer was written.
- Skipping the compensation conversation. The BRA forces this discussion, but just getting a signature isn't enough. Your buyer should genuinely understand how you get paid and what happens in different scenarios. If they're surprised later, that's a problem even if the paperwork is technically correct.
Pro Tips from a TC
Discuss compensation before you ever open a door. Seriously. The buyers who push back hardest on compensation are usually the ones who were never walked through it at the start. A five-minute conversation upfront saves a lot of grief later.
Keep a copy of every signed BRA organized by client. Transaction compliance for buyer-side deals starts with this document, and you want to be able to pull it immediately if there's ever a question about when representation began.
If you're juggling multiple buyer clients, tracking BRA expiration dates across everyone gets messy fast. This is one of those places where deadline management support makes a real difference.
Also, if a buyer you've been working with ends up writing an offer after the BRA expires, get a new signed agreement immediately. Don't assume the old one covers it.
Related Documents
- Buyer Representation and Broker Compensation Agreement (BRBC)
- Agency Disclosure
- Residential Purchase Agreement
- Buyer's Inspection Advisory
Frequently Asked Questions
Q: Does the BRA need to be signed before an open house or just before writing an offer?
Before showing any property, including an open house where you're accompanying your buyer. The NAR settlement requirement applies to any showing where you're acting in a buyer representation capacity, not just formal private tours. If you're hosting an open house as the listing agent and a buyer wanders in, that's different. But if you're accompanying a buyer you represent, the BRA should already be in place.
Q: What happens if the seller's side isn't offering enough compensation to cover what's in the BRA?
This is one of the most common questions agents have post-settlement, and the answer is that you work it out in the offer. Buyer agent compensation can be negotiated as part of the purchase terms, either through a seller concession, a higher purchase price, or a direct request in the offer. Your buyer needs to understand this going in, which is exactly why the compensation conversation at the BRA stage matters so much. Check out our post on how to write competitive offers for more on structuring this.
Q: Can I use a shorter or simplified BRA for buyers I've worked with before?
CAR Form BRBC is the standard, and you should be using the current version regardless of your history with a buyer. A longstanding relationship doesn't reduce your compliance obligations. What you can do is make the signing process faster and less intimidating by knowing the form well enough to walk them through it efficiently rather than handing them 10 pages and hoping for the best.
If you're working with multiple buyer clients and keeping up with BRA execution, expiration tracking, and offer prep feels like a lot, it is. That's exactly what a virtual TC service helps with. Relaxed Agent works with California buyer's agents to keep the paperwork side organized so you can stay focused on your clients.
Learn About Other Documents
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Fire Hardening and Defensible Space Disclosure and Addendum
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Trust Advisory
An advisory addressing the additional considerations and documentation required when a property is being sold by a trust rather than an individual owner.
















