Why Sign a Buyer Agency Agreement?
Until you sign one, no agent is working for you. Here's what changes when you do, and what to look for before you sign.
It can feel backwards to sign paperwork with an agent before you've found a house. But in South Carolina, that signature is what turns an agent from someone who is helping you look into someone who is working for you. Those are two very different things.
Customer or client
South Carolina law puts every buyer in one of two groups, and the state's brokerage disclosure form spells out the difference.
- A customer has no agency agreement. An agent must be fair and honest with you, give you accurate information, present your offer promptly and tell you about serious problems they know of. That's where it stops. The state's own form says a customer should not expect the agent to promote their best interest.
- A client has a written buyer agency agreement. Now the agent owes you loyalty, confidentiality, full disclosure, obedience to your lawful instructions, careful accounting and reasonable skill and care, along with advice and help negotiating.
Who is on the other side
The listing agent has a signed agreement with the seller. Their job is to get that seller the best price and terms. They can be friendly, helpful and completely honest with you, and still be working for the other side of the table.
So if you call the agent on the sign, or tour homes without an agreement of your own, the seller has representation and you don't.
What that means in practice
- Your top number isn't protected. A customer gets only limited confidentiality. If you mention how high you could go or how soon you need to move, don't assume it stays with you.
- No one is advising you on price. A customer can be handed recent sales. A client is told what they mean and what to offer.
- No one is negotiating for you. Repairs, credits, deadlines and appraisal gaps are where deals are won, and only a client has someone pushing on their behalf.
What to look for before you sign
An agreement must be in writing, and every term in it is something you can ask about.
- How long it lasts, and how either of us can end it.
- What area and property types it covers.
- How I'm paid, the amount, and who is expected to pay it. Fees are negotiable and should be stated plainly.
- What happens if the same firm represents the seller of a home you want.
It doesn't have to be a long commitment to start. We can begin with a short agreement that covers a first day of tours, then decide together whether to keep going.
Common questions
Do I have to sign something before seeing a home?
If an agent is taking you on a tour, generally yes. Since August 2024, agents who belong to the MLS must have a written agreement with a buyer before touring a home together. You can still walk through an open house on your own without one.
Am I locked in?
Only for the term you agree to. Ask for a short one to start, and make sure the agreement says how either of us can end it.
Can the same firm represent me and the seller?
Only with both sides' written consent. South Carolina allows a firm to act as a dual agent, or to assign separate agents to each side, and the agreement should spell out which applies and what it means for you.
Where can I read the rules myself?
The state's two-page Disclosure of Real Estate Brokerage Relationships explains customers, clients and the duties owed to each. I'll walk you through it the first time we meet.
The short version
You wouldn't walk into a negotiation with the other side's advisor and no one of your own. A buyer agency agreement is how you get someone in your corner, in writing, with duties the law can hold them to.
Own Charleston · 843.300.2535 · jill@owncharlestonsc.com
