Exclusive Buyer Representation Agreement — South Carolina 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 South Carolina Edition: the template and its drafting notes are adapted for South Carolina practice under the South Carolina Real Estate License Law, S.C. Code Ann. § 40-57-10 et seq., administered by the South Carolina Real Estate Commission. South Carolina requires the Commission's Agency Disclosure Brochure at first substantive contact and permits dual agency and designated agency only with written informed consent, so this edition's agency documents are built around those written-consent requirements. The Seller Property Condition Disclosure tracks the South Carolina Residential Property Condition Disclosure Act, S.C. Code Ann. § 27-50-10 et seq., including South Carolina's requirement to deliver the disclosure before a contract is signed. Electronic signatures are addressed under the South Carolina Uniform Electronic Transactions Act, and the commission documents reference South Carolina's commercial broker lien statute (commercial transactions only). Not legal advice; have a South Carolina-licensed attorney review before use.