Exclusive Buyer Representation Agreement — Utah 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 Utah Edition: Every template was redrafted around the Utah Real Estate Licensing and Practices Act (Utah Code Title 61, Chapter 2f) and the Division of Real Estate's agency rules in Utah Admin. Code R162-2f, including the affirmative duties owed by every licensee, Utah's limited-agency regime (the Utah term for dual agency, which requires prior written informed consent of both parties), the Utah statute of frauds and its written-commission-agreement rule (Utah Code § 25-5-4), the Utah Uniform Electronic Transactions Act (Utah Code Title 46, Chapter 4), and the fact that Utah has no statutory seller disclosure form and no broker lien statute — so the seller disclosure is drafted as a comprehensive voluntary disclosure with the Utah Code § 57-1-37 stigmatized-property note, water rights/shares, HOA and geologic-hazard items, and commission enforcement is handled contractually. All citations are limited to those statutes; everything else is phrased generally for review by Utah counsel.