A buyer brokerage agreement in Georgia is usually one of the first documents an Atlanta buyer signs, and in 2026 it typically arrives before the first private showing or live video walkthrough. For luxury buyers and households relocating from another state, that timing can feel early. This guide explains the national practice change behind written buyer agreements, the Georgia statute that governs brokerage relationships, and the questions worth raising before signing. It is educational only and is not legal advice. The agreement itself, read in full, and a Georgia real estate attorney are the right sources for how any term applies to your situation.
What Is a Buyer Brokerage Agreement in Georgia?
A buyer brokerage agreement is the written contract that establishes a buyer's relationship with a real estate brokerage, including services and compensation. Georgia's Brokerage Relationships in Real Estate Transactions Act, commonly called BRRETA, defines a brokerage engagement as "a written contract wherein the seller, buyer, landlord, or tenant becomes the client of the broker and promises to pay the broker a valuable consideration."
The statute, found at O.C.G.A. Title 10, Chapter 6A, separates clients from customers. A client is represented "in an agency capacity pursuant to a brokerage engagement." A customer is not represented in that capacity, though a broker may perform ministerial acts for them. The duties owed depend on which relationship exists. Each section is available in the text of Georgia's Brokerage Relationships in Real Estate Transactions Act.
Georgia was not starting from zero when national rules changed. In a Fall 2024 article, the General Counsel of Georgia REALTORS wrote that BRRETA already required "written agreements with their clients which disclosed...how the broker would be compensated." Atlanta News First reported on August 15, 2024 that "Georgia is one of nearly 20 states that require buyer-broker agreements." O.C.G.A. Section 10-6A-11 adds that payment or a promise of payment of compensation does not determine if a brokerage relationship has been created.
When Do Atlanta Buyers Have to Sign a Written Agreement Before Touring Homes?
Since August 17, 2024, an MLS Participant "working with" a buyer has been required to enter into a written agreement with that buyer before touring a home, including both in-person and live virtual tours. According to the National Association of REALTORS, a buyer who simply visits an open house alone, or asks an agent about their services, does not need to sign one.
NAR's consumer guidance says the agreement must be in place "at any point before you tour your first house together." A tour happens when a buyer working with an agent enters a home for sale or directs the agent to enter on the buyer's behalf, and virtual tours count. For relocating buyers who preview Atlanta homes by live video, the agreement usually comes before the first remote walkthrough.
The Georgia REALTORS NAR Settlement page, last updated August 20, 2026, notes that the settlement received final judicial approval on November 26, 2024. GAR's forms page lists the 2026 GAR Contract Forms as the current set, and form language changes over time, so the wording in the agreement you receive is what controls.
What Must the Compensation Terms in a Buyer Agreement Say?
Under NAR's written buyer agreement requirements, the agreement must specify and conspicuously disclose the amount or rate of compensation the brokerage will receive from any source. That amount must be objectively ascertainable and may not be open ended. The agreement must also state that the brokerage may not receive more than the agreed amount from any source, and that commissions are not set by law and are fully negotiable.
NAR's consumer guide gives examples of acceptable structures: "$0, X flat fee, X percent, X hourly rate," adding that compensation must be clearly defined "and not open-ended or a range." NAR's member guidance warns against defining compensation as "whatever the seller or seller agent is offering." The full list of required terms appears in NAR's Written Buyer Agreements 101 summary. At higher price points, a rate produces a dollar figure that rises with the purchase price, while a flat fee does not.
The Georgia Disclosure Layer
O.C.G.A. Section 10-6A-10, as amended by 2023 Ga. Laws 78 effective January 1, 2024, states that "all brokerage engagements must" advise the prospective client of the types of agency relationships available through the broker, known conflicting brokerage relationships, the broker's compensation and if it will be shared with other brokers, and the broker's confidentiality obligations.
How Does Georgia's BRRETA Shape the Buyer Brokerage Relationship?
BRRETA sets out the duties a broker owes a buyer client and limits them to what the statute and the agreement provide. Under O.C.G.A. Section 10-6A-4, a broker owes only the duties in the chapter "unless the parties expressly agree otherwise in a writing signed by the parties," and the standard is reasonable care in carrying out those duties.
Duties of a Broker Engaged by a Buyer
O.C.G.A. Section 10-6A-7 lists what a broker engaged by a buyer must do, including:
- Seeking a property at a price and terms acceptable to the buyer.
- Timely presenting all offers to and from the buyer, even when the buyer is under contract.
- Disclosing adverse material facts of which the broker has actual knowledge.
- Advising the buyer to obtain expert advice on matters beyond the broker's expertise.
- Keeping confidential any information the buyer has made confidential by express request or instruction.
Dual Agency and Designated Agency
A buyer may tour a home listed by the same firm that represents them. Under Section 10-6A-12, a broker may act as a dual agent only with the written consent of all clients, and that consent must state that the client "does not have to consent to the dual agency." Under Section 10-6A-13, a firm may instead assign different licensees as designated agents to exclusively represent different clients in the same transaction, in which case the firm is not deemed a dual agent.
What Is the Difference Between Exclusive and Non-Exclusive Buyer Agreements?
An exclusive buyer agreement commits the buyer to one brokerage for the agreed term, while a non-exclusive agreement generally lets the buyer work with more than one agent or buy independently. NAR's practice change does not dictate which type is used or how long it lasts, so the signed document defines the arrangement.
In Georgia, GAR's guidance on its 2025 forms described an exclusive buyer brokerage engagement agreement and, separately, a revised customer agreement that added a compensation section and an arbitration provision. Under BRRETA, a customer is not represented in an agency capacity, and the broker's role centers on ministerial acts such as identifying property for sale and locating inspectors, lenders, and attorneys. For buyers comparing brokerages from out of state, our guide to choosing a luxury buyer's agent in Atlanta when relocating from out of state covers the selection side of that decision.
How Long Does a Buyer Brokerage Agreement Last, and How Does It End?
The agreement's own expiration date and termination terms come first. Under O.C.G.A. Section 10-6A-9, a brokerage relationship runs until the engagement is completed or, if not completed, until the earliest of an agreed expiration date, an authorized termination, or, when no expiration is stated and no termination has occurred, one year after the engagement began.
NAR's consumer guide to written buyer agreements notes that agreements can be changed by mutual consent and may contain specific exit conditions, and it directs buyers to "read the text of the agreement and speak with your real estate professional if you would like to change or exit your agreement." The process starts with locating the expiration date, any termination provision, any notice requirements, and any terms that continue after the agreement ends. How those provisions apply to a specific situation is a question for a Georgia real estate attorney.
How Can Seller Contributions Toward Buyer Broker Compensation Appear in an Offer?
Offers of compensation are no longer allowed on MLS platforms, but NAR states that sellers can still offer compensation outside the MLS and that buyers can request, negotiate for, and receive compensation for their agent from the seller. GAR's forms guidance describes a document built for that request, and the buyer agreement explains how any seller contribution affects what the buyer owes.
According to GAR's guidance on its 2025 forms, "The Buyer's Broker Compensation Agreement is used when the buyer seeks to have the seller or seller's broker contribute to or fully cover the full amount of the buyer broker's compensation." Under the exclusive buyer brokerage engagement agreement described there, "any compensation paid by the seller or seller's broker automatically reduces the compensation owed by the buyer dollar for dollar," and the buyer remains responsible for the full agreed amount if the request is not accepted.
GAR's Fall 2025 legal article described two midyear 2025 changes. The Purchase and Sale Agreement was modified to clarify that broker compensation "is to be paid in full at the closing, shown on the settlement statement and disbursed by the closing attorney." And parties "are now entitled to request written disclosure of the amount of compensation that all of the brokers in the transaction will receive." Seller concessions such as closing cost help are a separate negotiation point, covered in our overview of Atlanta buyer closing costs in 2026.
What Should Luxury and Relocating Buyers Ask Before Signing?
The most useful questions focus on the relationship created, the exact compensation terms, how seller contributions are credited, the expiration date, and the steps to end the agreement. Buyers can ask the brokerage to show where each answer appears in the document, then take remaining legal questions to a Georgia real estate attorney before signing.
- Does this document create a client or customer relationship, and is it exclusive or non-exclusive?
- What is the compensation amount or rate, and how is the final dollar figure calculated?
- If a seller agrees to contribute, how is that credited against what I owe?
- What is the expiration date, and what are the termination and notice steps?
- If I tour this firm's own listings, does the firm use designated agency or dual agency?
- Is there an arbitration or dispute resolution provision?
It also helps to know who advises you on the legal side. In a financed Georgia purchase, the closing attorney typically represents the lender, as explained in our article on who the Georgia closing attorney actually represents.
FAQ
Do I need to sign a buyer agreement to walk through an open house in Atlanta? No. NAR's consumer guide states that a buyer simply visiting an open house on their own, or asking a real estate professional about their services, does not need to sign a written buyer agreement.
Can a buyer agreement say the agent receives whatever the seller offers? No. Compensation must be objectively ascertainable and not open ended, and NAR's member guidance warns against defining it that way.
Is buyer agent compensation set by Georgia law? No. NAR's required disclosures state that commissions are not set by law and are fully negotiable, and BRRETA requires the brokerage engagement to disclose the broker's compensation.
What happens if a Georgia buyer agreement has no expiration date? Under O.C.G.A. Section 10-6A-9, absent completion, an agreed expiration, or an authorized termination, the relationship continues until one year after it began.
Can I find out what every broker in my transaction is being paid? Under GAR's midyear 2025 form changes, parties are entitled to request written disclosure of the compensation all brokers in the transaction will receive, and brokers must provide it upon request.
Conclusion
A buyer brokerage agreement in Georgia sets the relationship, the compensation, and the timeline before the first tour. National rules require clear, objectively ascertainable compensation terms, and Georgia's BRRETA adds required disclosures, defined duties, and a one-year default when no expiration is stated. Reading the full document and consulting a Georgia real estate attorney on its legal effect remain the essential steps.
If you are preparing to search in Atlanta and would like the terms, services, and process of a buyer agreement explained in plain language before your first tour, contact The Agency Atlanta.
