Do you have to sign an agreement before a real estate agent shows you a home in Virginia?

Yes. Since July 2025, Virginia law (HB 1684 and SB 1309) requires buyer's and tenant's agents to have a signed written brokerage agreement in place before showing you a property — there's no more "let's just go look and figure out the paperwork later." The one exception: a seller's agent can still show you their own listing without your signature, because they're already working under a signed agreement with the seller.

By ERA OakCrest Realty | September 14, 2026

If you've started house-hunting in Winchester, Stephens City, Berryville, Front Royal, Strasburg, or Middletown recently and an agent handed you paperwork before your first showing, you're not being singled out — and you're not being tricked. You're seeing Virginia's buyer-agreement law in action, layered on top of the nationwide changes that came out of the 2024 NAR settlement. Here's what actually changed, why it exists, and what to look for before you sign anything.

Why you're suddenly being asked to sign something first

For decades, Virginia agents could show buyers homes on a handshake, with the paperwork coming later — usually once someone was ready to write an offer. Virginia's General Assembly closed that gap. Under the current law, a buyer's or tenant's agent has to have a written brokerage agreement with you before they walk you through a door, whether that's an exclusive agreement or a non-exclusive one.

This dovetails with the 2024 NAR settlement, which added a separate but related rule: your buyer's agent can't accept compensation from any source that exceeds what's written in your signed agreement. That protects you from surprise fees showing up at closing that nobody discussed with you upfront.

Put together, these two changes mean the conversation about representation now happens at the very start of your search, not the end.

What this actually protects you from

It's easy to read "sign this before we tour anything" as one more hoop to jump through. In practice, it does a few things in your favor:

• You know exactly who represents you. The agreement spells out that the agent works for you, not the seller, once you sign.
• You know how they get paid. Compensation has to be disclosed and agreed to in writing before you're locked into a relationship.
• You're protected from hidden markups. An agent can't quietly collect more than what your agreement states, no matter where that money comes from.
• You can compare terms before committing. Because it's in writing, you can actually read the terms instead of relying on a verbal understanding you might remember differently than your agent does.

Exclusive vs. non-exclusive: what you're actually signing

Virginia REALTORS provides a few standard templates, and the two you'll see most often are an exclusive buyer's brokerage agreement and a non-exclusive (sometimes called limited or short-form) version.

An exclusive agreement means you're committing to work with that one agent for a defined period, on a defined type of property, in a defined area. In exchange, that agent typically puts in more upfront work for you — building a search, scheduling showings, preparing market analysis on homes you're serious about — because they know the relationship is committed.

A non-exclusive agreement is a lighter-weight version, often used for a single showing or a short window, and it doesn't require you to work with that agent going forward. It's a reasonable way to "test drive" a relationship before committing to anything longer.

Neither version locks you in forever. Every agreement should specify:

• How long it lasts
• Whether it's exclusive or non-exclusive
• What geographic area and property types it covers
• How the agent is compensated, and whether that's negotiable
• How either side can end the agreement early

If any of those five items aren't clearly spelled out, ask before you sign — not after.

Compensation is still negotiable — here's what that means in practice

One of the most common misconceptions floating around is that this new paperwork means buyer's agent compensation is now fixed or dictated by the seller. It isn't. Your agent's compensation is a term you negotiate directly with your agent, and it's typically structured as a percentage of the purchase price rather than a flat number pulled out of thin air.

Sellers can still agree to cover some or all of a buyer's agent compensation as part of a purchase contract — that's simply now a negotiated term of the deal rather than something advertised or assumed on the MLS. If cost is a concern for your budget, this is exactly the kind of conversation to have with your agent before you write an offer, not after you're already under contract.

For an exact structure that fits your situation and the price point you're shopping in this market, talk with your agent directly — every buyer's circumstances are different, and this is where personalized guidance matters more than a general rule of thumb.

What this looks like on the ground in Winchester's market

This market has stayed competitive, particularly for move-in-ready homes and new construction east of the city near Stephenson and the Snowden Bridge area, where buyers are often touring multiple properties across a single weekend. In a market with that kind of pace, having a signed agreement in place before your first showing actually speeds things up — your agent already knows what you're authorized to see, how to reach the listing agent, and how quickly they can get you in the door.

For buyers weighing new construction against resale — say, a new build near Stephenson versus an established home in Old Town Winchester — a committed buyer's agent relationship also means someone is tracking builder incentives, resale comps, and walkability or commute trade-offs on your behalf across both paths, rather than you piecing that together property by property.

If you're relocating from Northern Virginia or the DC area and used to a faster, more informal process, expect this step to feel more formal than what you're used to. That's the law working as intended, not a sign that something unusual is happening with your specific transaction.

What to ask before you sign anything

Before you put your name on a buyer's brokerage agreement, it's worth asking your agent to walk through:

1. Is this exclusive or non-exclusive, and what does that mean for me if I want to see a home listed by a different agent?
2. What's the term — a single showing, thirty days, six months?
3. How is compensation structured, and is it negotiable based on the price point I'm shopping?
4. What happens if we decide it's not a fit partway through?
5. Does this cover new construction sales offices, or do those work differently?

A good agent will walk you through every one of these without hesitation. If you're getting vague answers, that's worth noting before you commit to anything longer than a single showing.

This is exactly the kind of paperwork question worth walking through with a local agent who deals with it every day, rather than trying to interpret the fine print alone. If you're getting ready to start touring homes in Winchester, Frederick County, Clarke County, or Warren County, connect with ERA OakCrest Realty and we'll walk you through exactly what you're signing and why, before you ever set foot in a showing.

Frequently Asked Questions

Do I have to sign anything just to walk through an open house?

No. Open houses hosted by the seller's agent don't require you to sign a buyer's brokerage agreement, since you're not being individually shown the home by your own agent. The signature requirement applies to private showings arranged by a buyer's or tenant's agent on your behalf.

What's the difference between an exclusive and non-exclusive buyer's agreement?

An exclusive agreement commits you to working with one agent for a set period, area, and property type, while a non-exclusive agreement is a lighter, often single-showing arrangement that doesn't require ongoing commitment. Both should clearly state their duration, coverage area, and compensation terms.

Can I still negotiate my agent's compensation after this law took effect?

Yes. Compensation for a buyer's agent remains fully negotiable between you and your agent, typically structured as a percentage of the purchase price rather than a flat figure, and sellers can still agree to cover some or all of it as a negotiated term of the purchase contract.

What happens if I want to switch agents after I've already signed an agreement?

Every agreement should spell out how either party can end the relationship early, so read that section closely before signing. If you're unsure how to exit an agreement that isn't working for you, talk with a local brokerage directly rather than assuming you're locked in indefinitely.

Does this requirement apply to new construction sales offices in places like Stephenson or Snowden Bridge?

New construction sales representatives typically work for the builder, similar to how a seller's agent works for a seller, so the rules around independent representation can work differently there. It's worth clarifying, before you visit a model home, whether you want your own buyer's agent representing your interests separately from the builder's on-site team.

About ERA OakCrest Realty
ERA OakCrest Realty is a local team helping buyers and sellers navigate the Winchester and Northern Shenandoah Valley market, covering Frederick, Clarke, and Warren counties. Whether you're searching for your first home, upgrading to new construction, exploring luxury or investment properties, or getting ready to sell, the team walks you through pricing, paperwork, and negotiations with a straight talk, no surprises approach. Ready to talk through your specific situation? Connect with ERA OakCrest Realty today.