In Maryland, an agent who is going to represent you as a buyer needs a signed, written brokerage agreement with you before showing you homes. Maryland law spells out what that agreement must say, including how much the brokerage will be paid, whether someone other than you can pay it, a definite end date and how either side can cancel. Since August 17, 2024, national REALTOR rules also require a written agreement before touring.
If someone hands you one of these at your first showing, this is what it is and what to look for. Our buyer page explains how we work with buyers.
This is general information, not legal advice. If you have questions about a specific agreement, talk to a Maryland real estate attorney.
What changed in 2024
Two things meet here: Maryland law, which has required written agency agreements for years, and the national REALTOR settlement.
The NAR settlement
After the National Association of REALTORS settled the commission lawsuits, new practice rules took effect August 17, 2024. Per NAR’s summary:
- If your agent uses an MLS, you need a signed written agreement before touring a home, in person or by live video.
- The agreement has to state the agent’s pay, or how it’s set, as a specific amount, not an open-ended range.
- The agent can’t accept more than that amount from any source.
- The agreement has to say that fees are negotiable and not set by law.
- Offers of compensation to buyer agents can no longer be posted in the MLS. Sellers can still offer them outside the MLS, and can offer you concessions like closing cost help.
Maryland law
Maryland’s Brokers Act already pushed in the same direction. Maryland REALTORS explains that showing a home is providing brokerage services, which takes a written brokerage agreement. A licensee who works with a buyer who won’t sign one represents the seller, not the buyer. Maryland REALTORS also warns that some “touring agreements” that say the buyer is not a client likely don’t comply with Maryland law.
What the agreement covers
Maryland Business Occupations and Professions §17-534(c) requires a buyer brokerage agreement to:
- Have a definite end date that takes effect automatically, without you having to send notice.
- State the compensation to be paid to the broker, as a percentage of the price, a dollar amount, or both.
- Say whether the broker may receive some or all of that pay from someone other than you, such as the seller.
- Spell out your rights and obligations if the broker is paid by someone else, including what happens if that payment is less than the agreed amount.
- Explain what has to happen for the broker to be paid.
- Include a way for either you or the broker to cancel, or for both to end it by agreement.
Before that, at the first face-to-face meeting, the agent also has to give you a written disclosure under §17-530 explaining the difference between a seller’s agent, buyer’s agent, subagent and dual agent, the agent’s duties, and that you should get legal or tax advice from an attorney or accountant.
Expect the agreement to cover the area and type of property you’re looking for, too. Ask that it match your actual search.
Compensation: negotiable, and how seller concessions work
Compensation is negotiable. Neither the law nor any association sets it.
In practice, it gets paid one of three ways:
- The seller pays it, because the listing offers buyer agent compensation outside the MLS, or because you ask for it in your offer.
- You ask for a seller concession toward your costs, and the amount goes toward your agent’s fee and closing costs. Your loan program limits how much of a concession you can use, so check with your lender.
- You pay it at settlement, for the part the seller doesn’t cover.
Because Maryland law requires the agreement to say what you owe if the seller pays less than the agreed amount, you’ll know your worst case before you sign. Run that number with your lender, because it changes your cash to close. Our closing costs guide shows where it fits.
What a buyer’s agent does for the fee
It’s fair to ask what you’re paying for. The Maryland disclosure under §17-530 has to explain a buyer’s agent’s duty to help evaluate a property, including a market analysis, and to help prepare an offer and negotiate in your best interest. For our buyers, that also means:
- Setting up the search and getting you into homes quickly
- Pulling comparable sales before every offer
- Writing the contract and the addenda, and explaining every deadline
- Lining up the inspection and reading the report with you
- Working with the lender, the appraiser and the title company through settlement
Whoever an agent represents, the same disclosure has to explain that every licensee must treat all parties fairly and honestly, present every written offer promptly, answer questions truthfully and disclose material facts about the property.
Length, exclusivity and how to end it
Things to look at closely:
- End date: Short is fine. Some buyers start with a short agreement and extend it if they’re happy.
- Exclusivity: Many buyer agreements are exclusive, meaning you work with one brokerage for the area and the length of the agreement.
- Cancellation: The law requires a cancellation provision. Read whether either side can cancel with notice, and what you owe for homes you saw while the agreement was in effect.
- Tail period: Some agreements say you owe the broker if you buy a home they showed you within a set time after the agreement ends. Know how long that is.
If something in the form doesn’t fit, ask to change it before you sign. That’s a normal request.
Questions to ask any agent
Before you sign with anyone, including us:
- How are you paid, and what’s my worst case at settlement?
- How long is the agreement, and how do I get out of it if it isn’t working?
- Is it limited to a certain area or property type?
- How many buyers are you working with right now, and who will actually show me homes?
- Who will be at the inspection and the settlement?
- If I want to see a home you have listed, how do you handle dual agency?
You can read more about us on our about page, and when you’re ready, start a search with The Wilson Home Team of Samson Properties.
Bottom line
A Maryland buyer agreement is a short contract that has to state what your agent is paid, who can pay it, when it ends and how to cancel. Read it, negotiate it like any other contract, and pick an agent who will walk you through every line. Questions? Call Stacey at (240) 913-5221.
Sources
- Maryland Code, Business Occupations and Professions §17-534, checked October 2026
- Maryland Code, Business Occupations and Professions §17-530, checked October 2026
- National Association of REALTORS, What the NAR settlement means for home buyers and sellers, checked October 2026
- Maryland REALTORS, Important update on touring agreements and Maryland law, checked October 2026