Buyer Agreement: What Fairfax Home Buyers Need to Know
Do you need to sign a buyer agreement before a Virginia real estate agent can show you a home?
Yes. Since July 1, 2025, Virginia law requires a real estate licensee to enter into a written buyer agreement with a prospective buyer before showing that buyer a property. This change comes from an amendment to Code of Virginia § 54.1-2132.
If you’re looking at homes in Fairfax County or Eastern Loudoun County, expect to sign an agreement before your first private showing.
If you haven’t bought a home in a few years, this may catch you off guard. It used to be common to call an agent, schedule showings, and handle the paperwork later. That’s no longer the process in Virginia.
What Changed for Virginia Home Buyers?
For years, Virginia law allowed agents to show homes before signing a written agreement with a buyer.
Two bills passed during the 2025 General Assembly session changed that. HB 1684 and SB 1309 amended § 54.1-2132.
The new requirement states that a licensee working with a buyer must enter into a brokerage agreement before showing property to that buyer.
The change took effect on July 1, 2025.
This is related to the national NAR settlement. However, the two changes are not identical.
The national settlement pushed the industry toward written buyer agreements. Virginia then added its own requirement directly into state law.
For buyers, the practical effect is simple.
You need a signed buyer agreement before an agent can show you a home as your representative.
That applies whether you’re looking at a single-family home in Chantilly, a townhouse in Herndon, or a home in Franklin Farm or Franklin Glen.
What’s Included in a Buyer Agreement?
Virginia law also sets requirements for these agreements.
Your buyer agreement must clearly explain the compensation terms. It must also state how the compensation will be determined.
The agreement must include:
- A clear disclosure of the amount or rate of compensation
- An objectively ascertainable compensation amount or rate
- Terms that prevent the agent from collecting more than the agreed amount
- A clear statement that commissions are negotiable
- The source or sources of compensation, when applicable
The agreement cannot use vague language about compensation being decided later.
The law also makes one thing very clear: real estate commissions are negotiable. There is no commission rate set by law.
Can a Buyer Agreement Be Short-Term?
Yes, depending on the agreement offered by the brokerage.
You don’t necessarily have to commit to one agent for six months or longer.
In Northern Virginia, standard forms can allow for exclusive or non-exclusive representation. A limited agreement may also be possible.
For example, you may be able to sign an agreement for a single showing if you’re not ready to commit to a longer relationship.
Not every brokerage offers the same options. Ask your agent what choices are available before scheduling your first showing.
What About Open Houses?
Open houses can work differently.
If you walk into an open house on your own and the agent represents the seller, you generally don’t need a buyer agreement just to look around.
The requirement applies when an agent is showing you property as your representative.
If the agent represents the seller, they must disclose that relationship to you.
This distinction is important. You can still visit open houses on your own without automatically entering into a buyer representation relationship.
What a Buyer Agreement Means for Fairfax Buyers
If you’re shopping for a home in Fairfax County, the new rule will likely come up during your first conversation with an agent.
Ask What the Agreement Covers
Before signing a buyer agreement, ask about the term and scope.
Find out whether it is:
- Exclusive or non-exclusive
- Limited to one showing
- For a specific period
- Intended to cover your entire home search
You should also understand the compensation terms.
If something isn’t clear, ask your agent to explain it before you sign.
Understand the Compensation Terms
Your buyer agreement should clearly explain how your agent will be compensated.
The agreement may address compensation from the buyer, seller, or another source.
Sellers can still offer compensation toward a buyer’s agent as part of a transaction. The important difference is that the terms should be addressed clearly in advance.
There is no standard commission rate required by Virginia law.
How a Buyer Agreement Can Protect You
A buyer agreement can give you a clearer understanding of your relationship with your agent.
You’ll know what services the agent is providing. You’ll also know how compensation works before you get deep into your home search.
That can prevent confusion later.
It is especially helpful when you’re comparing different types of properties.
Maybe you’re deciding between a starter townhouse and a larger single-family home. You may also be comparing resale homes with new construction.
Your agreement should give you a clear understanding of the professional relationship before you start touring properties.
Buyer Agreements and Your Home Search
The new requirement does not mean buying a home has to become more complicated.
In fact, it can make the process more transparent.
Before your first showing, you should understand:
- Who represents you
- How long the relationship lasts
- Whether the agreement is exclusive
- How your agent is compensated
- What happens if you decide to stop working together
Taking a few minutes to discuss these points can save confusion later.
If you’re a first-time buyer, this conversation is especially important.
You don’t need to know everything before meeting with an agent. You should, however, feel comfortable asking questions.
For more guidance, check out 3 Must-Do’s for First-Time Home Buyers and Before You Fall in Love with a House, Do This First.
Frequently Asked Questions About Buyer Agreements
Do I Need a Buyer Agreement for an Open House?
Generally, no.
If you attend an open house on your own and the hosting agent represents the seller, you can usually look around without signing a buyer agreement.
The requirement applies when an agent shows you property specifically as your representative.
Can I Sign a Buyer Agreement for One Showing?
In many cases, yes.
Virginia’s standard forms can allow for limited agreements in addition to longer buyer representation agreements.
If you’re not ready to commit to one agent for your entire home search, ask whether a single-showing agreement is available.
Do I Have to Pay My Agent Directly?
Not necessarily.
Your buyer agreement should explain how your agent will be compensated.
A seller may agree to cover some or all of the buyer agent’s compensation as part of the transaction.
The important part is that the compensation terms are clearly explained before you move forward.
What Happens If an Agent Shows Me a Home Without an Agreement?
Virginia law requires a licensee representing a buyer to enter into a written brokerage agreement before showing property to that buyer.
If an agent asks you to sign an agreement after a private showing, ask them to explain why.
Is This Related to the NAR Settlement?
Yes, but the two changes are not exactly the same.
The national NAR settlement led to changes around written buyer agreements and buyer-agent compensation.
Virginia’s General Assembly separately changed state law in 2025. The Virginia requirement took effect July 1, 2025.
What Fairfax Buyers Should Know Before a Showing
If you’re planning to buy a home in Fairfax or Loudoun County, don’t wait until you’re standing in the driveway to discuss the buyer agreement.
Have the conversation before your first showing.
Ask questions about the agreement. Understand the term, compensation, and type of representation.
You should know what you’re signing and what it means for your home search.
A good agent should be comfortable walking you through the agreement without pressure.
The Bottom Line
The buyer agreement requirement is now part of buying a home in Virginia.
Since July 1, 2025, buyers working with an agent as their representative need a written agreement before that agent can show them a property.
That doesn’t mean you have to sign a long-term agreement without understanding it.
Ask about your options. Review the compensation terms. Make sure you understand the relationship before you start touring homes.
If you’re thinking about buying in Fairfax or Loudoun County, I’m happy to walk you through the paperwork and your options before you schedule a single showing.
Call or text Cristina at 703-969-0471, or visit www.GetKeyedUp.com to get started.
About Cristina Dougherty
Cristina Dougherty is a REALTOR® with Paul Wesley Real Estate serving Fairfax and Loudoun Counties.
Based in Western Fairfax County, she works with first-time buyers, move-up buyers, and sellers throughout Chantilly, Herndon, Franklin Farm, and Franklin Glen.
Cristina Dougherty
703-969-0471
GetKeyedUp@gmail.com
Paul Wesley Real Estate
www.PaulWesley.com