Establishing a Buyer Representation Agreement

Louisiana REALTORS® • November 15, 2023

A Word from Breazeale, Sachse & Wilson, L.L.P.

***NOTE: Buyer Representation Agreements will be updated July 2024 and a footnote will be posted on this blog article.***




Please view a section-by-section explanation below on the sample Exclusive Buyer Representation Agreement.


After requesting and reviewing input from brokers across the State, Louisiana REALTORS® is providing members with a sample Exclusive Buyer Representation Agreement (the “Agreement”) to assist you in serving consumers seeking to purchase property in Louisiana.


Whether a member utilizes this sample Agreement or another, an agreement between a broker and buyer establishing their relationship up front can build trust, define the parameters of mutually beneficial relationships, provide clarity regarding services to be provided to the buyer, and detail the real estate professional’s compensation for their services. In short, signing a buyer representation agreement at the outset is beneficial for both a broker and a buyer because it minimizes future misunderstandings.


Exclusive Nature of the Sample Agreement

The sample form provided is an exclusive agreement which would require the buyer to only work with the named broker and no other licensee during the time period specified in the Agreement. For brokers, an exclusive buyer representation agreement safeguards their client relationship, which is reinforced by Article 16 of the REALTOR® Code of Ethics. Non-exclusive agreements are also acceptable and the difference between exclusive and non-exclusive agreements should always be discussed during negotiations of a buyer representation agreement.


Highly Encouraged, but Not Mandatory

The use of a buyer representation agreement is not mandated by Louisiana law but is highly encouraged by industry experts. Additionally, the Louisiana Real Estate Commission does not require the use of buyer representation agreements. If a member elects to use the sample Agreement form in their practice, then the form should be revised to reflect the member’s practices and always be revised to reflect negotiated and agreed upon terms between a broker and a buyer client.


Compensation is Always Negotiable

Compensation of licensees for real estate services is always negotiable. While some compensation methods and conditions are included in the sample Agreement, the parties are free to contract for any compensation or compensation conditions that they deem appropriate and agree upon.


Summary of the Agreement Sections

     I. Section 1 lays out the purpose of the Agreement, largely discussed immediately above. It also would allow the parties to limit the scope of the exclusive relationship to the purchase of a specific type of property in parishes they designate in the Agreement, but it also provides the Agreement would cover residential property located in Louisiana if the type of property was not specified or parishes were not designated. However, it is highly recommended that the geographic limitation and the designation of the type of property involved always be provided so that you and buyer establish a clear understanding of what properties the buyer is interested in and suit the buyer’s needs.


     II. Section 2 is a representation on the part of the buyer that he or she was not in a contractual relationship for the purchase of property with any other broker. This supports the exclusive nature of the relationship set forth in the Agreement.


     III. Section 3 creates an agency relationship between the Broker and the buyer, and by virtue of that agency relationship, the Broker would owe the buyer certain duties, such as the duty of good faith and fair dealing.


     IV. Section 4 lays out the definitions of certain terms used in the Agreement.


     V. Under Section 5, a specific licensee in the Broker’s office would be appointed as their “Designated Agent”. The Designated Agent is the real estate licensee in the Broker’s office who is the agent of the Buyer that will primarily work with the Buyer. Section 5 also makes it clear that certain people associated with the Broker could perform ministerial acts in connection with the exclusive relationship.


Note, this Agreement does not directly address what happens between the Broker and the Designated Agent if the Designated Agent ceases to be affiliated with the Broker but would allow for a substitute agent in that instance. The relationship between the Designated Agent and Broker, and what happens upon termination of that relationship, should be set forth in a separate written agreement between the Broker and Designated Agent.


     VI. Section 6 lays out the specific duties the Broker would owe a buyer under the Agreement, including the following:

            a. Locating a property acceptable to buyer.

            b. Negotiating the purchase.

            c. Drafting and negotiating the purchase agreement.

            d. Acting as buyer’s exclusive representative under the Agreement; and

            e. Promoting buyer’s best interests.


This section of the sample Agreement includes the duties set forth in Louisiana agency law, but clearly does not include the many and various services members provide their clients. The document should be modified to include any additional specific services you provide, and services agreed to during negotiation of the terms of any buyer representation agreement.

The Agreement also references “ministerial acts” that may be performed by the Broker. La. R.S. 9:3891(12) defines “Ministerial acts” as “acts that a licensee may perform for a person that are informative in nature,” and provides examples of these acts, such as responding to phone inquiries, conducting an open house, and setting an appointment to view property.


     VII. Section 7 lays out the duties a buyer would assume under the Agreement, including the following:

            a. An agreement to work exclusively with the Broker.

            b. Informing other brokers that the buyer encounters of his exclusive relationship with the designated Broker.

            c. Work reasonably to assist Broker in Broker’s requests and listings Broker coordinates viewing of properties.

            d. Doing due diligence on matters that would impact the purchase.

            e. Seeking expert advice on property when necessary; and

            f. Becoming familiar with the transaction documents that will be executed in connection with the purchase.


This section sets forth the duties of the buyer so that buyer clearly understands what would be expected of him or her.


     VIII. Section 8 includes specific acknowledgements that would be made by both buyer and Broker, including the following:

            a. Broker’s diligent search for property would only include those that come to Broker’s attention in the ordinary course of Broker’s business.

            b. Broker or any licensee may show property buyer is interested in to any other prospective buyer, meaning that although buyer is in an exclusive relationship with Broker, Broker is not limited to only consummating the sale of property to the particular buyer.

            c. Broker would have no obligation to monitor construction or repairs to property.

            d. No knowledge would be imputed to Broker regarding property that buyer is interested in.

            e. Broker would not provide advice on matters related to construction, insurance, surveys, titles, inspections, appraisals, finance, mold or hazardous substances, termites, insects, law, or other matters; buyer is advised to seek expert opinions on these matters; and

            f. Broker would not owe the buyer any other duties than what is required by law and set forth in the Agreement.


This section is also intended to clarify the Broker and Designated Agent’s roles and responsibilities. Again – clarifying what would and would not be done by the Broker and Designated Agent unless otherwise agreed to by the parties.


     IX. Section 9 addresses compensation. Under the terms of the sample Agreement, the buyer would be presented three possible compensation structures:

            1. a percentage of the sale price of the purchased property,

            2. a flat fee, or

            3. another form of compensation to be negotiated and agreed to by the parties.


Section 9 also provides that any compensation owed by buyer under the Agreement would be offset by compensation received by the Broker from the seller or listing agent. Section 9 also states when compensation would be due to the Broker, including the obligation of a buyer to compensate the Broker if property is purchased within a certain amount of time after the termination of the Agreement and the Broker learned about the purchased property from the Broker. Lastly, Section 9 addresses transactions involving Veterans Affairs loans as it is understood that some of these loan products may prohibit payment of a commission to a Broker by a buyer.


Members are reminded that compensation and compensation terms and conditions are always negotiable, and the Agreement provided is a sample form to be modified as necessary.


     X. Section 10 provides for the term of the Agreement; the term would be agreed upon by the buyer and Broker. This length of the term is always negotiable by the parties, but it is recommended that the term always have reasonable and specific beginning and end dates.


     XI. Section 11 details termination rights. The Buyer would be able to terminate the Agreement at any time upon written notice to the Broker, but termination of the Agreement would not terminate Broker’s right to earned and owed compensation under Section 9.


     XII. Section 12 addresses dual agency, and provides that if a dual agency relationship arose, then applicable laws, rules and regulations would be followed.


     XIII. Section 13 provides that the Broker would not be liable for the following items:

            a. Inaccurate and/or incomplete information provided to buyer by Broker, designated agent and any licensee, independent contractor, or employee of Broker.

            b.  Security deposit funds money handled or held by anyone other than the Broker, designated agent and any licensee, independent contractor, or employee of Broker.

            c. Injury or damage to property viewed or visited pursuant to the Agreement or the loss of tangible or intangible property which occurred or is believed to have occurred in connection with viewing or visiting a property pursuant to the Agreement.


            d. Injury to persons while any property is viewed or visited pursuant to the Agreement or injury of persons attributed to visiting or viewing a property pursuant to the Agreement.


Brokers should be aware that this language does not bar a person from filing suit for the listed items but is included in an effort to limit any potential liability if a claim arose for any of the listed items. 


     XIV.  Section 14 is a fairly “standard” provision in all types of contracts. It states that the Agreement would be the sole agreement between the parties which would confirms the parties have no oral agreements or side agreements related to the subject matter covered by the Agreement. That may be important should the buyer subsequently claim that the Broker or Designated Agent made promises or representations not included in the Agreement.


     XV. Section 15 authorizes electronic communications and is similar to the electronic communications provisions of the mandatory purchase agreement form.


     XVI. Section 16 is a space that allows for the parties to add, modify, or write in any other terms, conditions, agreements, or specifications agreed to in their negotiations. Of course, the parties may also agree to attach an addendum if there are substantial additions or modifications to the Agreement and that addendum can simply be referenced in Section 16.


Best Practices for Using a Buyer Representation Agreement Exclusive Buyer Representation Agreement Sample (PDF) Exclusive Buyer Representation Agreement Sample (Word)

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Managing Multiple Pets? Here’s How Helps Spot Makes ItAffordable and Simple

By Louisiana REALTORS® • June 1, 2026
Article provided through SPOT Pet Insurance partnership Caring for multiple pets can be incredibly rewarding—but it can also mean more vet visits, more surprise illnesses or injuries, and more financial planning. Spot Pet Insurance helps make protecting your entire household easier and more affordable. With Spot, pet parents get a 10% multi-pet discount on every additional pet after the first, plus the ability to customize coverage for each pet based on their individual needs. And to make life even simpler, all policies can be managed under one Spot account in the member center or app. Whether you have two energetic dogs, a pair of curious kittens, or a full house with pets of different ages and health needs, Spot gives pet parents an easy way to stay organized and confident about their pets’ care. Why Multi-Pet Insurance Matters for Pet Parents The Rising Cost of Veterinary Care for Multiple Pets If one pet has ever needed emergency care, you know how quickly veterinary bills can add up. Now imagine the possibility of two pets needing treatment in the same year—or even the same month. Multi-pet households can face higher odds of unexpected vet visits making coverage even more important. Pet insurance helps offset the cost of covered veterinary care, giving pet parents financial support when things don’t go as planned. Peace of Mind for Every Pet in Your Home Each pet has unique needs. Some may be seniors who require ongoing care, while others may be young, active, and prone to accidents. Spot allows every pet to have a plan tailored to them, helping give pet parents peace of mind no matter what comes up. Spot’s 10% Multi-Pet Discount: Savings That Add Up How Spot’s Multi-Pet Discount Works Spot offers a 10% discount on every additional pet after the first. That means the more pets you have, the more you can save—without sacrificing coverage. Whether you’re protecting two pets or five, Spot helps keep costs manageable. An Affordable Way to Protect Your Whole Pack Cats, dogs, or a mix of both—all pets qualify for the multi-pet discount. For households managing multiple personalities, energy levels, and health needs, these savings can make a big difference in long-term budgeting. Customizable Coverage for Every Pet’s Unique Needs Accident-Only and Accident & Illness Plans Accident-Only coverage for pets who simply need protection from mishaps Accident & Illness coverage for pets who could benefit from more extensive support This gives you flexibility, especially if one pet has existing health concerns while another is relatively low-risk. Tailor Each Plan with Adjustable Options Every Spot plan can be personalized with: Annual limit Annual deductible Reimbursement rate Optional preventive care add-ons This makes it easy to create a plan that helps fit each pet’s lifestyle—and your budget. Why Customizable Coverage Matters for Multi-Pet Households Different pets have different needs: Senior pets may need broader illness coverage Young pets might benefit more from accident-focused protection Active pets may need higher limits Indoor pets may require less coverage With Spot, every pet gets the coverage they need. Nothing more, nothing less. One Account, All Your Pets: Simple Multi-Pet Management Manage All Plans Under One Spot Account Instead of juggling multiple logins or losing track of policy documents, Spot lets pet parents manage every pet’s plan from a single account. You can: View coverage details Submit claims for each pet Track reimbursements Access policy documents anytime Everything is organized and easy to find. The Spot Pet Insurance App Makes It Even Easier The app puts all your pets’ information at your fingertips. In just a few taps, you can: File a claim for any of your pets Upload bills and photos Review claim updates Access plan summaries It’s simple, fast, and convenient—especially for households with more than one pet. No Network Restrictions for Any Pet Spot gives every pet the freedom to visit any licensed veterinarian in the U.S. or Canada. That includes primary vets, emergency clinics, and specialists. This is especially convenient if: You have a preferred clinic You travel frequently with your pets No networks. No referrals. Just easy access to care. Frequently Asked Questions About Multi-Pet Insurance Do I need separate policies for each pet? Yes. Each pet gets their own plan, so coverage can be personalized for their needs. But you can manage all of your pets’ plans conveniently under one Spot account. How does the multi-pet discount work? Spot automatically applies a 10% discount to every additional pet after the first. This makes it more affordable to protect all your pets. Can I choose different coverage options for each pet? Yes. Spot allows you to choose either an accident-only or an accident and illness plan for each pet. You can adjust annual limits, deductibles, and reimbursement rates individually. Can I file claims for all my pets in the same app or account? You can! All your pets’ plans are available within one account in the Spot member center or mobile app, making claim filing simple and organized. Does Spot have any network restrictions? No. You can visit any licensed veterinarian, emergency clinic, or specialist in the U.S. or Canada. Key Takeaway Spot Pet Insurance takes the stress out of managing multiple pets by offering customized plans, a 10% multi-pet discount, and easy account management. Every pet gets the coverage that fits them best, while pet parents enjoy a simple, organized way to handle all their plans in one place. Affordable, flexible, and convenient—Spot helps you protect your entire household with confidence. Paula Gil, Author If you need a story or someone to talk to your cat like a person, I’m your person. With 3 cats, 1 dog, and a lifetime of pets, I write from experience, usually with a cat on my keyboard and a dog in my lap.

2026 Legislative Session Scoop - Week 12 Recap

By Louisiana REALTORS® • May 29, 2026
Louisiana REALTORS® closed out Week 12 of the 2026 Regular Session in the final push toward sine die, with several priority bills either crossing the finish line, landing on the Governor’s desk, or moving through the last major stage of session. The headline for the association is a major win on HB 468 by Rep. Troy Hebert, the residential wholesaling bill, which cleared conference committee with the fixes Louisiana REALTORS® was seeking and was scheduled for final House action on May 29. With the constitutional deadline for third reading and final passage falling on Friday, May 29, and sine die adjournment set for Monday, June 1, the last hours of session became decisive for the remaining bills still in motion. The lead priority remained HB 468 , which is the flagship Louisiana REALTORS® package bill on residential wholesaling. After the House rejected Senate amendments 91-0 on May 20, the bill moved into conference committee rather than dying. House conferees were named as Rep. Troy Hebert, Rep. Phillip Deshotel, and Rep. Jacob Landry, while Senate conferees were named as Sen. Miller, Sen. Allain, and Sen. Connick. The conference committee report was received by both chambers on May 27, and the bill was then scheduled for final House action on May 29. This remains one of the most important bills of the session for the real estate industry because it creates a clearer regulatory framework for residential wholesaling, strengthens consumer protections, and gives the Louisiana Real Estate Commission enforcement authority over the practice. The session also produced a strong slate of enacted real estate, housing, and property-management wins. HB 1027 , the appraiser liability bill, was signed by the Governor as Act No. 187 on May 15 and becomes effective August 1, 2026. HB 292 , dealing with security deposits, was signed as Act No. 63 on May 11 and also becomes effective August 1, 2026. HB 297, expanding lease termination protections for stalking and cyberstalking victims, was signed as Act No. 64 on May 11. HB 300 , dealing with appraisal thresholds for bank-owned property, was signed as Act No. 149 on May 15. Taken together, these measures represent meaningful wins for appraisal certainty, leasing, property management, and transaction stability. Several additional REALTOR®-relevant measures cleared the Legislature and moved to the Governor’s desk by the close of Week 12. HB 1166 by Rep. Kim Carver, the vacant residential property disclosure bill, passed the Senate 38-0 on May 25 and was sent to the Governor on May 27. This is one of the most important real estate bills of the session because it closes an existing gap in Louisiana law for vacant residential properties and should help reduce late-stage surprises involving condition issues, access, utility status, and other material facts that can derail transactions. HB 1187 , dealing with Louisiana Citizens emergency assessments, was sent to the Governor on May 26 and remains an important insurance-affordability measure for homeowners across the state. HB 217 , the optional blight rehabilitation tax exemption bill, was sent to the Governor on May 21 and, together with HB 214 , strengthens the redevelopment toolkit for returning derelict property to commerce. On the constitutional amendment side, Louisiana REALTORS® also saw meaningful progress on broader property-tax and redevelopment issues. HB 214 , authorizing a property tax exemption for rehabilitated blighted or derelict properties, became Act No. 272 and was sent to the Secretary of State for placement on the ballot. SB 180, allowing the surviving spouse of a deceased veteran with a service-connected disability to transfer an expanded property tax exemption, became Act No. 39 and was likewise sent to the Secretary of State for ballot placement. These measures remain relevant to neighborhood revitalization, property-tax fairness, and broader housing stability across Louisiana. Insurance and mitigation policy continued to matter through the final days of session. HB 759 , relating to fortified roof endorsement offers, remained alive on the Senate floor subject to call and needed final Senate passage by the May 29 deadline to survive. That bill remained important because fortified roof policy sits directly at the intersection of mitigation, homeowner resilience, and insurance affordability. At the same time, slower-moving insurance measures such as HB 408 on non-renewal protections for homeowners who timely mitigate and HB 1210 on pre-suit claim review for residential property insurance did not advance this session, but both remain relevant to the longer-term insurance affordability discussion. Week 12 also highlighted the value of Louisiana REALTORS®’s defensive work. HB 617, the hidden-fees bill, stalled in Senate Commerce and effectively ran out of time. That was a meaningful defensive win, as the concern throughout was that broad fee-disclosure language could have unfairly placed liability on real estate professionals for charges they do not control, including fees set by lenders, title companies, insurers, government entities, and other third parties. HB 472 , the rent stabilization bill, remained dead after being involuntarily deferred, which is another meaningful win from a property-rights and housing-supply standpoint, though similar language always remains worth watching late in session. HB 750, dealing with automatic renewal contracts, remained alive on the Senate floor subject to call and continued to require defensive monitoring so that broad subscription language would not bleed into leases, property management agreements, association dues, or nonprofit and association activity. The broader civil justice and cost environment also remained part of the policy picture, even where bills stalled. HB 437 , dealing with expert witness fees, and HB 1089 , dealing with CARE Accounts, both passed the House but stalled in Senate Judiciary A. While they did not advance this session, they remain part of the larger conversation around litigation costs, insurance affordability, and the long-term cost structure affecting property owners, housing providers, and small businesses. The bottom line for the 2026 session is that it was a strong one for Louisiana REALTORS®. The association’s flagship wholesaling bill, HB 468 , cleared conference committee with the fixes we wanted and moved to final House action. Four major REALTOR®-relevant bills were already enacted into law: HB 1027, HB 292, HB 297, and HB 300 . Two property-tax constitutional amendments, HB 214 and SB 180 , are headed to the ballot. Three additional bills, HB 1166, HB 1187, and HB 217 , reached the Governor’s desk. On defense, rent stabilization was stopped, the hidden-fees bill stalled, and problematic consumer language in other measures was monitored closely through the final days of session. Louisiana REALTORS® remained engaged through the end on every issue affecting real estate transactions, mortgages and lending, insurance affordability, property management, private property rights, blight and redevelopment, property taxes, and housing supply across Louisiana.

Next Fortify Homes Lottery Goes Live June 1 as Program Expands to New Parishes

By Louisiana REALTORS® • May 27, 2026
From the Louisiana Department of Insurance: During a press conference today with Governor Jeff Landry, Insurance Commissioner Tim Temple announced that registration for the next round of the Louisiana Fortify Homes Program (LFHP) will open at 8 a.m. on Monday, June 1, and will include 3,000 grants. The registration period for this lottery will be open for three weeks, closing at 5 p.m. on Friday, June 19.  During the press conference, Gov. Landry signed HB 1187 by Rep. Paul Sawyer, which will allow Louisiana Citizens Property Insurance Corporation to transfer $50 million in additional Katrina bond assessment funds to the LFHP. Combined with the $30 million in funding the program will receive through taxes and fees on insurance entities, the LFHP will receive a total of $80 million this year. “By lowering overall losses, we can reduce insurance and reinsurance costs, draw more insurers into the market, motivate existing companies to write additional policies and lower insurance premiums,” said Commissioner Temple. “That is exactly what the Louisiana Fortify Homes Program is designed to do.” The list of coastal parishes that are eligible to participate is expanding to include Acadia, Jefferson Davis and Lafayette parishes. Additionally, homeowners who live in the portions of Ascension, Calcasieu, Iberia, Livingston, St. Martin, St. Tammany, Tangipahoa and Vermilion parishes that were previously not included in the program will now be eligible to participate. A map showing the full list of eligible parishes is available on FortifyHomes.La.Gov . “Louisiana is the fastest growing state in the country for Fortified roofs, and that growth is not by accident—it is the result of strong support from Governor Landry and legislators like Chairman Talbot, Chairman Firment and Representative Sawyer, targeted program design, and a clear recognition that strengthening homes is one of the most effective ways to reduce insurance losses,” said Commissioner Temple. “At the end of the day, this program is about more than just roofs. It is about protecting families, it is about strengthening communities, and it is about putting Louisiana in a stronger position—both physically and economically—to face the challenges ahead.” To participate in the lottery, homeowners must register during the June registration period. Homeowners who registered for a previous round but were not selected must register again to participate. People who register on the last day of the registration period have the same chance of being selected as those who register on the first day, so there is no need to rush to register as soon as the period opens. When registering, homeowners will need to upload their homestead exemption, insurance policy declarations page that includes wind coverage, and flood insurance declarations page if the residence is in a flood zone. Homeowners who need assistance obtaining a copy of their homestead exemption should contact their parish tax assessor. Homeowners can contact their homeowners and flood insurance companies or agents for a copy of their policy declarations page. Homeowners are required to create a profile in the LFHP system before registering for the lottery and may do so by visiting the LFHP website and clicking the Login button. Homeowners who previously created a profile may use the same one for this and future rounds. Once the lottery registration period closes, the LFHP will randomly select 3,000 participants and send email notifications to registrants about whether they were selected to participate. These selection notices will be sent via email beginning on Monday, June 22. There are several program requirements that homeowners should be aware of before registering. Those interested in the program are encouraged to review eligibility information and frequently asked questions at FortifyHomes.La.Gov to determine whether their home meets the requirements for the program. If selected to participate in the grant program, homeowners will be financially responsible for having the home evaluated by a FORTIFIED-certified Evaluator as well as costs for the roof upgrade including permits, inspections and construction costs beyond the amount of the grant The LFHP provides grants of up to $10,000 for homeowners to upgrade their roofs to standards set by the Insurance Institute for Business & Home Safety. The program helps Louisiana homeowners strengthen their roofs to better withstand hurricane-force winds.
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