Exclusive Buyer Representation Agreement — Arizona Edition Template

Since the 2024 NAR settlement took effect, a written buyer representation agreement is no longer optional for most agents — MLS participants must have a written agreement with a buyer before touring a home, and that agreement must state the compensation the buyer's broker will receive, in an amount that is objectively ascertainable and not open-ended. This template is built for that new reality.

The Exclusive Buyer Representation Agreement establishes the brokerage as the buyer's exclusive agent for a defined term and geographic area, sets out the broker's fiduciary duties (loyalty, confidentiality, disclosure, obedience to lawful instruction, reasonable care, and accounting), and — most importantly — fixes the broker's compensation in writing: a flat fee, a percentage, or an hourly structure, with clear language on how seller-paid or listing-broker-paid amounts offset the buyer's obligation. It includes a protection period for properties introduced during the term, a retainer provision, dual agency/designated agency consent language, and clean termination mechanics.

This 5-page template includes the compensation disclosure language required under the settlement framework, plus a 50-state variation notes section covering states where buyer agency agreements have statutory content requirements (several states mandate specific disclosures, type-size requirements, or prohibit certain term lengths). Buyer agency itself is a creature of state agency and license law, so the notes flag where state forms or specific statutory language are mandatory. As with all templates in this library, it is a drafting starting point to review with your broker or attorney — not a guaranteed state-compliant form.

About this Arizona Edition: the template and its drafting notes are adapted for Arizona practice under the Arizona Department of Real Estate (ADRE) regime — Arizona permits limited dual representation only with the knowledge and prior written consent of both parties (A.R.S. § 32-2153(A) discipline for undisclosed dual agency; A.A.C. R4-28-1101 requires written disclosure of whom the licensee represents before a party signs a contract). Arizona is also a community-property state with specific homestead and spousal-joinder considerations on conveyances, and the Arizona Constitution reserves significant closings-related activity to licensed escrow and title agents. Arizona-specific drafting notes accompany the template for review before use.