Exclusive Buyer Representation Agreement — Kansas 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 Kansas Edition: Every template was redrafted around the Kansas Brokerage Relationships in Real Estate Transactions Act (BRRETA, K.S.A. 58-30,101 et seq.), which presumes a licensee is a transaction broker unless a written agreement creates agency and flatly prohibits dual agency — so the dual-agency form became a Transaction Broker Addendum and Designated Agency Consent, and every listing and buyer agreement carries a transaction-broker / designated-agency election instead of a dual-agency consent. The forms also build in the Kansas Real Estate Brokers' and Salespersons' License Act (K.S.A. 58-3034 et seq.) and Commission regulations (K.A.R. Agency 86) on supervising-broker payment and trust accounts, the statute of frauds (K.S.A. 33-106), the Kansas UETA (K.S.A. 16-1601 et seq.), the five-year written-contract limitations period (K.S.A. 60-511), the Kansas Consumer Protection Act, the homestead joint-consent rule, the statutory residential radon notice, and the commercial-only Kansas Commercial Real Estate Broker Lien Act. Because Kansas has no statutory seller-disclosure form, the property condition disclosure is drafted to the common-law known-material-defect duty and BRRETA's adverse-material-fact duty.