Exclusive Buyer Representation Agreement — Indiana 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 Indiana Edition: Every form in this set is drafted around Indiana's single-license structure — since 2014 all licensees are "brokers" working under a "managing broker," and compensation, listings, and trust funds run through the broker company. Dual representation is handled under Indiana's limited-agency regime in IC 25-34.1-10, which permits it only with written consent containing specified disclosures; the consent form tracks those statements. The listing, buyer, referral, and disbursement forms are built to satisfy Indiana's statute of frauds (IC 32-21-1), including its writing requirement for commission agreements, and the electronic-signature provisions of IC 26-2-8. The seller disclosure template is a supplemental worksheet to the Commission-prescribed state form required by IC 32-21-5, with delivery before offer acceptance, actual-knowledge standard, and the IC 32-21-6 stigmatized-property rule noted. The commercial broker lien act (IC 32-28-12.5) is flagged as inapplicable to residential property. Not legal advice; have an Indiana-licensed attorney review before use.