Before you tour your first home in Utah County, your agent will hand you documents to sign. Most buyers have never seen them before and aren't sure what they're agreeing to.
Here's the plain-language breakdown of each one.
Why This Exists: The NAR Lawsuit
For decades, how buyer agents got paid was mostly invisible to buyers. When a home was listed on the MLS, the seller's agent would offer a portion of their commission to whoever brought the buyer. The buyer often had no idea their agent was being paid, how much, or by whom.
A series of class action lawsuits argued this system was anticompetitive. Per HomeLight's January 2025 guide, the National Association of Realtors settled these lawsuits for $418 million in 2024, with the settlement taking effect August 17, 2024.
Three things changed:
- Buyer agent compensation can no longer be advertised in the MLS
- Agents must have a signed written agreement with buyers before showing any property, with compensation spelled out clearly
- Sellers can still offer to pay buyer agent compensation, but it's now negotiated property by property
Per the Utah Association of Realtors, Utah updated its forms library to comply. Per a national review cited by HousingWire, Utah's forms were among the clearest and most compliant in the country.
Do You Have to Sign Before an Open House?
No.
Per NAR's official consumer guidance on open houses and written agreements, if you are simply visiting an open house on your own or asking a real estate professional about their services, you do not need to sign a written buyer agreement. The agent at an open house is there at the direction of the listing broker or seller and is not required to have a written agreement with buyers touring the home.
The written agreement requirement applies when an agent is actively working with you — scheduling showings, advising on offers, representing your interests.
Showing Agreements vs. Buyer Broker Agreements
For scheduled showings, some brokerages offer a Showing Agreement — a limited document that allows an agent to show you a specific property without establishing full agency representation.
Per the Institute of Real Estate Education's August 2024 UAR forms summary, the Utah Association of Realtors did not create a separate showing agreement form — but some local MLSs have. The UAR's buyer-broker agreement can also be scoped to a single property address, giving buyers a similar middle ground within the full agreement framework.
What a Showing Agreement does:
- Allows you to tour a specific home
- Satisfies the NAR settlement requirement that something be signed before a showing
- Does not establish a fiduciary relationship
What a Showing Agreement does NOT do:
- Does not obligate the agent to advocate for your interests
- Does not create the legal duties of full representation — loyalty, confidentiality, disclosure, obedience
A showing agreement lets you see a home. It doesn't protect you while you're in it. If you're serious about a property and want an agent working for your interests during negotiation, you want full representation.
The Commitment Goes Both Ways
When you sign a buyer broker agreement, your agent is legally obligated to advocate for your interests, keep your information confidential, disclose anything that affects your interests, and follow your lawful instructions.
Before this requirement existed, buyers could work with an agent for weeks with no clear understanding of whose side the agent was actually on.
The agreement formalizes that your agent is working for you. That matters in negotiations.
What the Buyer Broker Agreement Actually Covers
Services. What your agent will do — identifying properties, scheduling showings, writing and negotiating offers, coordinating inspection and appraisal, managing the transaction through closing.
Compensation. How your agent gets paid and in what amount. Per the NAR settlement, your agent cannot accept more than what's agreed to in this document from any source.
End date. The agreement has a specific end date. Know it before you sign.
Protection period. After the agreement ends, a protection period applies. If you purchase a home your agent showed you during the agreement period — even after the agreement expires — your agent may still be owed compensation. Know the length of this window.
Scope. Which geographic area and properties the agreement covers. It can be limited to a specific county, city, or even a single property address.
You can view a sample Utah buyer agency agreement here: Utah Buyer Agency Agreement — eForms
Note: The official UAR Exclusive Buyer-Broker Agreement is a proprietary form available through Utah Association of Realtors member MLSs. Your agent will provide the current version when you're ready to sign.
Other Documents You'll Likely Sign at the Same Time
Wire Fraud Alert Disclosure
Real estate transactions are one of the most targeted industries for wire fraud. Per NAR's wire fraud guidance, cybercriminals identify pending transactions, hack into email accounts of agents and title companies, and send fraudulent wiring instructions that look completely legitimate. The funds get diverted.
The wire fraud disclosure is your formal acknowledgment that you understand this risk. The core rule: never wire money based on instructions received by email alone. Always call a verified phone number — one you looked up independently, not one from the email — to confirm wiring instructions before you send anything.
View a sample Wire Fraud Alert Disclosure here
Buyer Due Diligence Checklist
The buyer due diligence checklist walks you through the things you're responsible for investigating before you close. Per the UAR's forms guidance, it's referenced in the Exclusive Buyer-Broker Agreement itself as an attachment. It typically covers reviewing HOA documents, verifying zoning, reviewing title, understanding inspection responsibilities, confirming utilities, and verifying representations made about the property.
HUD Form 92564-CN: For Your Protection, Get a Home Inspection
Per HUD's official form, this document explains the difference between a home inspection and an appraisal. An appraisal estimates value and checks minimum property standards. It is not a home inspection. A home inspection is done by a qualified private inspector you hire — and it only happens if you arrange for it.
Download the HUD Form 92564-CN here
The Agreement Is With the Broker, Not the Agent
The Exclusive Buyer-Broker Agreement is a contract between you and the brokerage — not the individual agent you're working with. The agent is assigned to represent you on behalf of the broker.
If the relationship isn't working, the broker can reassign you to a different agent or release you from the agreement entirely. Most brokers handle this reasonably when a buyer raises the concern directly. Ask how this works before you sign.
Can You Have More Than One Agreement?
Yes — as long as they cover different areas.
You can have an agreement with one agent covering Utah County and a separate agreement with a different agent covering Davis County. Both are valid at the same time because the geographic scopes don't overlap.
Signing with two agents covering the same area at the same time creates real risk. If both show you the same home and you buy it, you may owe compensation to both. Work with one agent per geographic area.
How Buyer Agent Commission Works — and Why Agents Put 3%
The compensation amount in your buyer broker agreement sets a ceiling. Your agent cannot accept more than this from any source. They can accept less.
If your agent puts 3% in the agreement and the seller only offers 2.5%, your agent accepts 2.5%. If your agent put 2.5% and the seller offered 3%, your agent cannot take the full 3% — the agreement caps it.
Agents put a higher number in the agreement to preserve flexibility. They can always come down. They can't easily go up after the fact.
Per KrisBowen.com's May 2026 Utah commissions guide, roughly 80 to 90% of Utah sellers still cover buyer agent compensation as part of the deal. When a seller offers compensation, it offsets your obligation under the buyer broker agreement.
All commissions are negotiable. There is no industry-set rate.
Risks of Signing a Buyer Broker Agreement
Compensation obligation. If you buy a home your agent showed you during the agreement period, you owe compensation per the terms — even if the seller doesn't offer it.
Protection period exposure. After the agreement ends, the protection period means you may still owe compensation on homes your agent showed you. Know how long this window is.
Overlapping agreements. Signing with two agents covering the same area creates real risk of owing both.
Locked into a term. If the relationship isn't working, address it with the broker directly — don't just start working with someone else without resolving the original agreement.
What to Ask Before You Sign
What services are included? Specific commitments, not vague language.
What is the compensation amount? A specific number you've both agreed to.
What is the end date? When does this expire?
What is the protection period? How long after the agreement ends are you still obligated?
What is the geographic scope? Which area does this cover?
What happens if this isn't working? Can I be reassigned? Can I be released?
What happens if the seller doesn't offer compensation? Walk through the scenario before it happens.
A good agent answers all of these clearly. I am here if you have any questions.
Ready to start your home search in Utah County? Let's chat →
Frequently Asked Questions
Do I have to sign a buyer broker agreement before an open house? No. Per NAR's official consumer guidance, if you are simply visiting an open house on your own you do not need to sign a written buyer agreement. The agent at an open house is there at the direction of the listing broker or seller and is not required to have a written agreement with buyers. The written agreement requirement applies when an agent is actively scheduling showings and representing your interests.
Do I have to sign a buyer broker agreement in Utah? Yes, if you want an agent to schedule showings for you and represent your interests. As of August 2024, the NAR settlement requires a signed written agreement before any scheduled showing. In Utah the agreement can be scoped to a specific address, city, or county.
What other documents will I sign with the buyer broker agreement? Typically a Wire Fraud Alert Disclosure, a Buyer Due Diligence Checklist, and possibly HUD Form 92564-CN. The wire fraud disclosure is particularly important — never wire money based on email instructions alone. Always call a verified phone number to confirm before you send any funds.
What is a Showing Agreement? A limited document some local MLSs have created to allow a specific showing without establishing full agency representation. The Utah Association of Realtors did not create a separate showing agreement form — but some local MLSs have. The UAR buyer-broker agreement can also be scoped to a single property address as an alternative. A showing agreement lets you tour a home but does not create fiduciary duties.
What is the NAR lawsuit and why did it change real estate? Class action lawsuits argued the traditional MLS commission structure was anticompetitive. The National Association of Realtors settled for $418 million in 2024. The settlement required written buyer agreements with compensation disclosed before showing homes and removed buyer agent compensation from MLS listings.
Why does my agent put 3% in the buyer broker agreement? The compensation amount is a ceiling — the agent cannot accept more than this from any source. Agents put a higher number to preserve flexibility. They can accept less if the seller offers less. They can't easily increase the number after the agreement is signed.
Who pays the buyer's agent in Utah County? Roughly 80 to 90% of Utah sellers still cover buyer agent compensation. When they do, it offsets your obligation. If not, options include paying directly, a seller concession, or renegotiating. All commissions are negotiable.
Can I get out of a buyer broker agreement? Often yes. The agreement is with the broker, not the individual agent. The broker can reassign you or release you. Most handle this reasonably when raised directly.
Can I have two buyer broker agreements at the same time? Yes, as long as they cover different geographic areas. Signing with two agents covering the same area at the same time creates the risk of owing compensation to both.
What is the protection period? A window after your agreement ends during which your agent may still be owed compensation if you purchase a home they showed you during the agreement period.
Is the agreement with the agent or the broker? The broker. The individual agent is assigned on behalf of the brokerage. If things aren't working, the broker can reassign you or release you.
Related reading:
- Earnest Money in Utah County: How Much, When You Get It Back, and What You Could Lose
- What to Do When Your Utah County Home Appraises Below the Purchase Price
- New Construction Home Inspection: The Most Common Findings in Utah County
- Utah County First-Time Homebuyer Programs in 2026
- Home Buying Programs for Veterans, First Responders, and Law Enforcement in Utah County 2026
- Eagle Mountain Real Estate Market Update: June 2026 Report by Neighborhood
Sources: HomeLight — NAR $418M settlement, buyer broker agreement required nationally, January 2025; NAR — Written Buyer Agreements 101: written agreement required before touring, May 2024; NAR — Consumer Guide to Open Houses: open house attendees do not need to sign, agent at open house not required to have written agreement, September 2024; Utah Association of Realtors — UAR forms update: Exclusive Buyer-Broker Agreement, Buyer Due Diligence Checklist as attachment, scope to specific address, August 2024; Institute of Real Estate Education — UAR did not create separate showing agreement, some local MLSs have, scope to specific address, August 2024; HousingWire — Utah forms among clearest nationally, August 2024; KrisBowen.com — 80-90% of Utah sellers still cover buyer agent compensation, May 2026; Nick Booth Real Estate — Utah Buyer Representation Agreements, Utah Code 61-2f-308, October 2025; NAR — Wire fraud in real estate: email compromise, fraudulent wiring instructions; HUD Form 92564-CN — For Your Protection: Get a Home Inspection; St. George Utah Real Estate — Wire Fraud Alert Disclosure sample; eForms — Utah Buyer Agency Agreement sample.
Written by Kat Ashby, Principal Broker and Realtor® at RootQuest Realty LLC in Saratoga Springs, Utah. Kat holds a Utah Division of Real Estate Principal Broker license (Credential #10382396-PB00) — a designation that requires demonstrated experience, additional coursework, and a separate licensing exam beyond the standard agent license. She has been actively selling in Utah County since 2020, with deep experience across Lehi, Eagle Mountain, Saratoga Springs, and the broader Wasatch Front, specializing in buyer and seller representation, new construction, and corporate relocation through Altair Global. She is fluent in English and Portuguese, earned her bachelor's degree in Psychology from Brigham Young University, and lives in the community she sells in.