Do you need a buyer agreement before touring a home?

01Do you need a buyer agreement before touring a home in California?

In most cases, yes. California law sets the outer deadline at your offer: the agreement must be signed “as soon as practicable, but no later than the execution of the buyer’s offer” (Civil Code §1670.50(a))¹. Since January 1, 2026, a Department of Real Estate (DRE) regulation presumes that “as soon as practicable” comes before the agent shows you a home^2,3.

The regulation, 10 CCR §2906.2, creates a “rebuttable presumption” that a buyer’s agent can get a signed agreement before the agent, or a licensee working under the same broker, shows the buyer a property “in person or virtually”². A virtual showing is a live or recorded walk-through that the agent makes, at the buyer’s direction, for a buyer who is not there².

A second rule comes from the real estate industry. Since August 17, 2024, under practice changes from the National Association of Realtors (NAR) settlement, MLS participants working with a buyer must sign a written agreement before touring a home with that buyer, for in-person and live virtual tours alike^4,5. NAR’s model MLS rule applies unless it conflicts with state or federal law⁵.

Some contact needs no agreement:

• Talking with an agent at an open house, or asking an agent about their services⁴.
• Seeing a home with the seller’s agent. A seller’s agent acting only for the seller is not acting as your agent when showing the property, at an open house or any other showing (10 CCR §2906.2(c))².

02What must a California buyer agreement include?

A California buyer agreement must address four things: the broker’s compensation, the services the broker will provide, when compensation is due, and how the contract ends (Civil Code §1670.50(b))¹. Before you sign, the agent must give you the agency disclosure form that Civil Code §2079.14 requires¹.

For a home of one to four units, a printed agreement must also carry a notice in at least 10-point bold type, immediately before the compensation terms: “The amount or rate of real estate compensation is not fixed by law. They are set by each broker individually and may be negotiable between the buyer and broker” (Business and Professions Code §10147.5(b))⁶.

Agreements written under MLS rules add terms of their own. They state the compensation conspicuously and in an objective form, such as a flat fee, a percentage or an hourly rate. They bar the agent from taking more than that amount from any source, and they say that fees are negotiable and not set by law^4,5.

03How long can a buyer agreement last?

A California buyer agreement can last no more than three months, and it cannot renew automatically (Civil Code §1670.50(d))¹. The DRE defines three months as 90 calendar days, starting the day after the last party signs, unless the agreement sets a later start date (10 CCR §2906.1(a))².

If your search runs past 90 days, you and the agent can sign a written renewal, or you can let the agreement lapse and choose someone else^1,2.

04Who pays the buyer’s agent, and is the amount negotiable?

The buyer owes the buyer’s agent what the agreement says, and the amount is negotiable. The DRE tells licensees not to claim a “standard” rate, because “commissions are fully negotiable under California law.” Under the settlement rules that MLS participants follow, the compensation you agree to is the most your agent may receive from any source for that representation^4,5,7.

Once the agreement is signed, the DRE describes these options⁷:

• You pay your agent yourself.
• You ask the seller, as a term of your offer, to pay some or all of your agent’s compensation. The seller can accept or reject the request.
• If the seller rejects it and you still buy the home, you remain responsible for paying your agent.

Read the compensation clause before your first showing and decide how your offers will treat it. A request for seller-paid compensation is negotiated with the price and the other terms of the offer⁷.

05Can you end a buyer agreement early?

A buyer agreement ends early on the terms written into it. California requires every agreement to address contract termination, so the answer is in the contract you sign (Civil Code §1670.50(b)(4))¹. Otherwise it ends when its term runs out, after 90 days at most, because it cannot renew automatically^1,2.

The DRE warns that a buyer generally stays financially responsible to the agent unless the agreement contains an “exit” clause or the broker releases the buyer from the obligation⁷. Before you sign, find the termination clause and check:

• How much notice either side must give, and in what form.
• Whether any compensation is owed after the agreement ends, for example on a home the agent showed you, and for how long.
• Whether you may buy without an agent, or through the seller’s agent, without owing your own agent⁷.

06What should you ask before you sign?

Before the first showing, ask the questions that decide what the agreement costs you and how you can leave it. The DRE tells licensees not to pressure buyers into signing without explaining the documents and giving them time to review the terms⁷.

1. 01What is your compensation, stated as a flat fee, a percentage or an hourly rate, and when is it due?
2. 02Which services are included, and which cost extra?
3. 03When does the agreement start and end?
4. 04Does it cover every home I might buy, or only certain areas or property types?
5. 05How do I end it, and what would I owe after it ends?
6. 06What happens if a seller agrees to pay part of your compensation?
7. 07If you or your brokerage also represent the seller of a home I want, how will that be disclosed and handled? The DRE says dual agency must be disclosed to both parties in writing⁷.