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As of August 2024, there has been a big shift in how real estate works for homebuyers across the U.S. And yes, that includes right here in Hawaii! One important document you’ll now need before seeing homes with an agent is The Buyer Representation Contract. Let’s break it down, simply and clearly with just the facts you need to feel confident and informed.
A Buyer Representation Contract (BRC) is a formal agreement between you and your real estate agent that outlines:
✓ The scope of your agent’s services.
✓ How your agent will represent your best interests.
✓ Compensation terms and structure.
✓ The duration of the relationship.
✓ And your rights & responsibilities as a client
Think of it as a commitment to work together: kind of like a coach and player teaming up to win the championship. In our case, the goal would be securing your perfect matching property.
This change is tied to updates in real estate industry practices, shaped in part by legal settlements involving the National Association of REALTORS® (NAR) and a growing emphasis on transparency and consumer protection. As of August 2024, agents cannot show homes or represent buyers without a signed BRC. It’s all about clarity, trust, and putting YOU, the buyer, in the driver’s seat.
✓ You now have the right to a clear agreement about how your agent works for you, and what to expect before you even step into a showing. Here’s what you gain:
✓ A licensed expert who is contractually bound to act in your best interest.
✓ Transparency on how and if your agent will be compensated.
✓ Open conversations about the value and services your agent provides.
✓ Protection under agency laws that support fair representation.
You may be thinking, “Wait, this sounds like more paperwork… why should I like this?”
The BRC is designed to protect your interests and help ensure you're getting real, professional service (not just a tour guide with a lockbox key. You know exactly what your agent is doing for you. You have a clear understanding of costs before you commit. You get full access to expert advice, negotiations, and contract management. It levels the playing field, especially important in a market as competitive as Oahu.
If we decide to work together, here’s what you can expect from me:
✓ Respectful, honest guidance with zero pressure.
✓ Market insights and pricing strategies tailored to your needs.
✓ Organization, advocacy, and strong negotiation every step of the way.
✓ Open communication (yes, I do answer my phone or message back quickly!)
✓ Creative vision to help you see potential in every property.
Our BRC is just the start of a real partnership to help you buy with clarity, confidence, and trust.
If you're thinking of buying a property in Hawaii and want to understand exactly how it works, let’s sit down and go over everything together. Contact me today to schedule a free buyer consultation. Let’s get you ready, informed, and excited to find your piece of paradise!
If you're a homebuyer working with an agent who is a REALTOR® it means you are working with a professional ethically obligated to work in your best interest. As of August 17, 2024, you will be asked to sign a written buyer agreement after you've chosen the professional you want to work with. Here's what you should know about these agreements:
A written buyer agreement is an agreement between you and your real estate professional outlining the services your real estate professional will provide you, and what they will be paid for those services.
Written buyer agreements became a nationwide requirement for many real estate professionals as a part of the National Association of REALTORS® proposed settlement of litigation related to broker commissions. The requirement went into effect on August 17, 2024.
In some places, yes. Many states have required then for years, while some have not. As a result, it is entirely possible you or others you know have not used them in the recent past. Regardless, they are now a nationwide requirement for many real estate professionals.
Yes! You should feel empowered to negotiate any aspect of the agreement with your real estate professional, such as the services you want to receive, the length of the agreement, and the compensation, if any. Compensation between you and your real estate professional is negotiable and not set by law. In the written agreement, the compensation must be clearly defined (e.g., $0, X flat fee, X percent, X hourly rate) and not open-ended or a range. Only sign an agreement that reflects what you have agreed to with your real estate professional.
These agreements clearly lay out what services you (as a homebuyer) expect your real estate professional to provide, and what your real estate professional will be paid. These agreements make things clear and reduce any potential confusion at the outset of your relationship with your real estate professional.
You will be asked to enter into a written buyer agreement with your real estate professional before "touring" a home with them, either in-person or virtually. 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.
Not necessarily. While you are responsible for paying your real estate professional as outlined by your agreement, you can still request, negotiate for, and receive compensation for your real estate professional from the seller or their agent.
No-you are allowed to enter into any type of business relationship with your real estate professional allowed by state law where you live.
Yes. You and your real estate professional can mutually agree to change your agreement. Agreements may have specific conditions under which they can be exited, so read the text of the agreement and speak with your real estate professional if you would like to change or exit your agreement.
Please visit facts.realtor for more information, and consult your real estate professional or attorney for more information about state law where you live.
REALTORS® are members of the National Association of REALTORS®.