I'm Joni Freeman, PharmD, Principal Broker of JL Marsaw & Co Realtors in Frisco, Texas. Since the NAR settlement took effect, every buyer in this country working with a REALTOR®️ is now being asked to sign a document before they can tour a home. Most agents hand it over and move on. I slow down and explain it. What a buyer signs at the beginning of their search sets the terms for everything that follows.
Here is what I ask every buyer before we get to that signature and more on the process...
What the Document Actually Is
A Buyer Representation Agreement is a contract between a buyer and a real estate agent that establishes the terms of their working relationship. Before the NAR settlement, these agreements existed but were not universally required. Now they are, in some form, before an agent can show a buyer a home. And in Texas, this is no longer just industry policy. Since January 1, 2026, it is state law.
The critical phrase is "in some form." Not all buyer agreements are the same document, and knowing the difference matters.
A full Buyer Representation Agreement establishes an ongoing relationship for a defined period of time and geographic area. It outlines how the agent is compensated and commits both parties to working exclusively together for the duration.
In many markets, buyers are also offered what's called a limited touring agreement: a shorter-term document that lets them tour homes with a specific agent without committing to full representation. No ongoing exclusivity, more limited scope.
Texas structured it differently, and if you're buying in DFW, this is the version that applies to you. Texas law gives you two real paths before an agent can show you a home. The first is a written buyer representation agreement, which can be negotiated in scope and length. The second is an unrepresented showing form. That one caps at 14 days, and here's what most buyers don't realize: while you're unrepresented, the agent opening the door legally cannot give you advice or an opinion about anything. Not the price, not the condition, not what to offer. You're touring with a licensed professional who is required by law to stay silent on the questions that matter most.
That's not a loophole. That's the trade-off. Before any buyer I work with signs anything, I make sure they understand which document is in front of them and what each one means for their options going forward.
The Questions I Ask Before We Begin
Where are you in the process?
A buyer who has just started researching has different needs than a buyer who has been pre-approved for six months and is ready to move fast. The type of agreement that makes sense, the timeline we put in the contract, and the scope we define all depend on how close a buyer actually is to making a decision.
What is your geographic flexibility?
Buyer agreements specify the geographic area they cover. A buyer who is considering both Frisco and Allen needs that reflected in the agreement. A buyer who is only looking in one zip code should have that scoped accordingly. This matters because the terms of the agreement govern where and for how long I am your representative.
Have you spoken to another agent?
This is a question some agents are reluctant to ask. I ask it directly. If a buyer has already signed an agreement with another agent, I need to know. It affects whether we can work together at all, and if so, under what terms. There is no value in creating a situation where a buyer has overlapping obligations they did not realize they had.
Do you understand what compensation looks like?
Under the new rules, the compensation my buyer clients pay, if any, must be spelled out specifically in the agreement before we begin. I walk through this transparently. In many transactions, seller-paid compensation covers the buyer's agent. But buyers should understand the mechanism, not be surprised by it at closing.
What Is Actually Negotiable
Everything in a buyer agreement is negotiable before you sign. The compensation amount. The duration of the agreement. The geographic scope. The conditions under which either party can terminate.
Most buyers do not know this. Some agents do not volunteer it. I do because a buyer who understands what they are signing is a buyer who can commit to the relationship with confidence rather than hesitation.
If something in an agreement does not make sense to you, or feels broader than your situation warrants, say so before you sign. A good agent will work with you to structure something that protects both parties fairly.
Why This Conversation Matters
The buyers I work with are making one of the largest financial decisions of their lives. They deserve to understand every document they sign, not just the ones that come at closing. The buyer agreement is the foundation of the working relationship. Getting it right from the start prevents confusion, protects the buyer's interests, and sets the tone for how the rest of the transaction will go.
If you are preparing to buy in DFW and want to understand exactly what you are agreeing to before you tour a single home, reach out. That conversation costs nothing and protects everything.
214-770-7762 | [email protected] | www.jlmarsaw.com
About the Author
Joni Freeman, PharmD is the Principal Broker and Founder of JL Marsaw & Co Realtors, based in Frisco, Texas. A Doctor of Pharmacy from Xavier University of Louisiana, Joni brings a data-driven, analytical approach to every transaction. Licensed in Texas and Georgia, she has built a 100% referral-based brokerage serving buyers, sellers, investors, and commercial clients across DFW, Houston, and Atlanta since 2015. She currently serves as a Director on the Texas REALTORS® Board of Directors and as Chair of the MetroTex Young Professionals Network.
Designations: Accredited Buyer Representative (ABR) | Seller Representative Specialist (SRS) | Pricing Strategy Advisor | New Home Co-Broker | Short Sale & Foreclosure Resource
JL Marsaw & Co Realtors | Frisco, TX | Redefining Excellence in Real Estate™
