Exclusive Buyer Representation Agreement — Pennsylvania 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 Pennsylvania Edition: the template and its drafting notes are adapted for Pennsylvania practice under the Real Estate Licensing and Registration Act (RELRA, 63 P.S. § 455.101 et seq.) — dual agency and designated agency are both permitted only with the prior written consent of both parties under 63 P.S. §§ 455.606–.608, and the Real Estate Seller Disclosure Law (68 P.S. § 7301 et seq.) requires sellers of most residential real property to complete and deliver the statutory property disclosure statement before signing an agreement of sale. Pennsylvania-specific drafting notes accompany the template for review before use.