If an agent asks you to sign before your first showing, this is the document. Every blank in it changes what you owe and what you get. This guide walks through the parts in the order you will meet them. It does not reproduce any form; ask the agent for a blank copy of the exact agreement they use and read it before the day you tour.
General information, not legal advice. The Georgia brokerage-law text on this page is summarized from a published copy of the code (each fact names its source and the date we checked it). For your own agreement or dispute, ask a Georgia attorney.
Why it has to be in writing
Written authority under Georgia law
- Under Georgia's Brokerage Relationships in Real Estate Transactions Act (BRRETA), agency means a broker represents a client by the client's written authority. O.C.G.A. 10-6A-3(1), checked 2026-10-19
- A brokerage engagement is a written contract under which a seller, buyer, landlord or tenant becomes the broker's client. O.C.G.A. 10-6A-3(4), checked 2026-10-19
- GREC's rules list exclusive listing contracts, open listing contracts and buyer broker agreements among the examples of brokerage engagements. Georgia Rules and Regulations, checked 2026-10-19
Georgia’s brokerage law ties representation to a written engagement. Without one, the broker can help you as a customer, but it does not represent you. The buyer brokerage agreement is that written engagement on the buying side.
When you sign it
The touring rule
- NAR's settlement practice changes took effect on August 17, 2024. National Association of REALTORS®, checked 2026-10-19
- Under the practice changes, a buyer working with an agent who is a REALTOR signs a written agreement with that agent before touring a home, in person or by live virtual tour. National Association of REALTORS®, checked 2026-10-19
- NAR says a buyer does not need a written agreement just to visit an open house alone or to ask an agent about their services. National Association of REALTORS®, checked 2026-10-19
Since August 17, 2024, MLS participants who work with a buyer generally need a written agreement with that buyer before touring a home. That comes from the NAR settlement practice changes and MLS rules, not from a Georgia statute; Georgia’s own requirement is the written authority for agency above. Walking into an open house on your own, or asking an agent about their services, does not require an agreement. More on that in touring homes after August 2024.
The terms, one at a time
1. The relationship
The first page should say what kind of relationship you are creating, which relationships the broker offers, and whether the broker already holds a conflicting one. If the broker’s office may also list homes you want, look for how dual or designated agency would be handled. See Georgia agency relationships.
Every Georgia brokerage engagement must tell the prospective client the types of agency relationships the broker offers, any known conflicting relationships, the broker's compensation and whether it will be shared, and the broker's confidentiality duties. (O.C.G.A. 10-6A-10(a) (text effective Jan. 1, checked 2026-10-19)
2. The compensation amount
How pay must be written
- The written buyer agreement must clearly state the amount or rate the agent will be paid, in objective terms such as $0, a flat fee, a percentage or an hourly rate. National Association of REALTORS®, checked 2026-10-19
- Compensation in a buyer agreement cannot be open-ended, such as 'whatever the seller is offering', and NAR's consumer guide says it cannot be a range. National Association of REALTORS®, checked 2026-10-19
- Broker fees and commissions are fully negotiable and are not set by law; the buyer agreement must say so conspicuously. National Association of REALTORS®, checked 2026-10-19
Look for one clear number or rate. A flat fee, an hourly rate, a stated rate of the price, or zero are all objective. Wording that ties the fee to whatever a seller happens to offer is not allowed, and NAR’s consumer guide says a range is not allowed either. The agreement must also say that fees are negotiable and not set by law, so treat the figure as the start of a conversation.
3. The cap
The buyer agreement must bar the agent from receiving more compensation, from any source, than the amount or rate agreed with the buyer. (National Association of REALTORS®, checked 2026-10-19)
Whatever amount you agree is the most the agent can receive for brokerage services, from any source. If a seller offers more toward your agent than your agreement allows, the agent cannot take the difference.
4. Who may actually pay it
Where the money can come from
- A seller may still offer to pay a buyer's agent, but that offer cannot be shared on a Multiple Listing Service (MLS). National Association of REALTORS®, checked 2026-10-19
- Buyers can still receive seller concessions, such as help with closing costs, and sellers can still offer buyer concessions on an MLS. National Association of REALTORS®, checked 2026-10-19
- In Georgia, who pays or promises to pay a broker does not by itself decide whom the broker represents. O.C.G.A. 10-6A-11, checked 2026-10-19
Your agreement says what your agent is owed. A seller may agree to pay some or all of it, or may give you concessions such as help with closing costs, but neither is promised, and an offer to pay your agent cannot appear on the MLS. Whoever pays, the broker still represents the person the agreement says it represents. Ask the agent to explain, in the agreement, what happens if the seller pays less than the agreed amount. Our agent pay guide has the full picture.
5. The term
NAR tells buyers they can negotiate any part of a buyer agreement, including the services, the length of the agreement and the compensation. (National Association of REALTORS®, checked 2026-10-19)
Find the start date and the end date. The length is negotiable. A shorter first term lets you judge the working relationship before committing longer; ask how it can be extended if the search runs on.
6. Exclusivity and scope
Read whether the agreement is exclusive, meaning you work with this broker only, and what it covers: a property type, an area, or a single address. A narrow scope keeps you free to work with someone else on a different search.
7. Ending it early
Read the termination section line by line. It should say how either side can end the agreement, with what notice, and whether any fee is still owed afterward, for example on a home you were shown during the term. If that section is unclear, ask a Georgia attorney before you sign, not after.
8. The duties you get
What your broker owes you
- A buyer's broker must seek a property at acceptable terms, timely present all offers, disclose adverse material facts the broker actually knows, advise the buyer to get expert advice, account for money, and keep requested information confidential. O.C.G.A. 10-6A-7(a), checked 2026-10-19
- Under BRRETA a broker owes only the duties listed in the statute (unless the parties agree otherwise in a signed writing), is not deemed a fiduciary, and must exercise reasonable care. O.C.G.A. 10-6A-4(a), checked 2026-10-19
These are the duties Georgia law attaches to buyer representation. Any extra service you expect, such as attending inspections, should be written into the agreement.
9. What it cannot do
A Georgia brokerage engagement cannot bind future owners of the property or create a recordable lien on it (apart from narrow commercial exceptions). (O.C.G.A. 10-6A-10(b) (text effective Jan. 1, checked 2026-10-19)
Before you sign: a checklist
- Confirm the agent’s license and firm on the GREC license search.
- Find the relationship type and the office’s dual agency policy.
- Find one objective compensation figure, and the cap.
- Ask what happens if a seller pays less than that figure, or nothing.
- Check the start date, end date and scope.
- Read how it ends and whether anything survives the end date.
- For a Lumpkin County search, agree how the agent will help you check land use, septic and flood questions; see what a Lumpkin County agent should know.
- Keep a signed copy.
NAR’s own consumer guide to written buyer agreements is worth reading alongside this page.
Questions people ask
Do I need a written agreement before an agent shows me a home?
Under NAR's practice changes, a buyer working with an agent who is a REALTOR® signs a written agreement with that agent before touring a home, in person or by live virtual tour. This is an NAR and MLS practice rule, not a Georgia statute.
Do I need an agreement to walk into an open house?
No. NAR says a buyer does not need a written agreement just to visit an open house alone or to ask an agent about their services.
Can a buyer agreement say the agent gets "whatever the seller offers"?
No. Compensation in a buyer agreement cannot be open-ended, such as "whatever the seller is offering", and NAR's consumer guide says it cannot be a range.
Can my buyer's agent be paid more than our agreement says?
No. The buyer agreement must bar the agent from receiving more compensation, from any source, than the amount or rate agreed with the buyer.
Can I negotiate the terms of a buyer agreement?
Yes. NAR tells buyers they can negotiate any part of a buyer agreement, including the services, the length of the agreement and the compensation.
Next step
Put the figure from the agreement into the commission and net calculator to see what it means in dollars, then compare agents with the interview scorecard.
Laws, forms and practices change. Every rule on this page links to the office or statute that sets it; confirm with that source, or a Georgia attorney, before you rely on it.
