First-Time Homebuyers home buying Shawn Realty Podcast

Understanding the Buyer Representation Agreement (BRA) in 2025

Shawn Yuby
In 2025, new real estate rules require buyers to sign a Buyer Representation Agreement (BRA) before viewing homes. Major changes include mandatory BRA signing, elimination of preset buyer agent commissions, and negotiation for agent fees during offers. Buyers must scrutinize their BRA details, as they significantly affect home-buying dynamics.

New Real Estate Rules in 2025: Understanding the Buyer Representation Agreement (BRA)

Published on March 17, 2025 | By Shawn Yu

The real estate world has flipped upside down with new rules in 2025, and if you’re looking to buy a home, you’ve probably heard about the Buyer Representation Agreement (BRA). it’s a contract you now need to sign before even stepping foot in a house. Confused? Don’t worry—I’m Shawn from Portland, Oregon (find me on X as @ShawnRealty 503-515-4499), and I’m breaking it all down in simple terms. In this post, I’ll cover the big changes, what to look for in a BRA, and how to find a stellar buyer’s agent in this new landscape. Let’s get started!

Watch to watch instead of reading?

What’s Changed in Real Estate? The 2024 Settlement Fallout

Thanks to a major 2024 settlement (National Association of Realtors), buying a home isn’t as easy as it used to be. Forget scrolling Zillow at 5 PM, clicking “schedule a tour,” and having an agent magically appear. Here are the three game-changing updates you need to know:

  1. BRA is Mandatory Before Viewing Homes
    You must sign a Buyer Representation Agreement with an agent before seeing any property—yes, even virtual tours like FaceTime. The only exceptions? Open houses or calling the seller’s agent directly (but then you’re unrepresented, like walking into court without a lawyer).
  2. Buyer Agent Commission (BAC) Can’t Be Preset on MLS
    In the past, the seller’s agent negotiated the buyer’s agent fee upfront with the seller and slapped it on the MLS. Now? That’s gone. BAC can’t be predetermined or advertised on the MLS—though you might spot it on signs or websites. Buyers now negotiate this with their Buyer’s Agent directly.
  3. Negotiation Shifts to Offer Time
    If you’re hoping the seller will cover your agent’s fee via seller concession, that’s now part of the offer process—not a done deal from the listing agreement. This makes things trickier.

Why It Matters: These changes, effective in 2025, stem from a push for transparency after the 2024 settlement. They’re shaking up how buyers and agents work together, adding friction but also clarity (more confusion so far).

Your BRA Checklist: What to Watch For

Signing a BRA feels like a commitment—and it is. Here’s what to check before putting pen to paper (based on Oregon rules, but applicable broadly):

  • Expiration Date: Set a clear end date. Want to test an agent? Try a 1-day BRA to see if they’re a fit.
  • Compensation Terms: Agree on a flat fee or percentage of sale price. It can’t be vague like “whatever the seller pays.”
  • Termination Fees: Look for early cancellation penalties or nonrefundable fees. What if you fire the agent after two months?
  • Agent Duties: Spell out what they’ll do—showings, communication, negotiation. The clearer, the better.
  • Seller Concession Scenarios: If the seller offers less than your agreed BAC (say, 2% vs. 3%), who covers the gap—you or forgiven? If they offer more (4% vs. 3%), the agent can’t pocket the extra—by law, they’re capped at your agreed rate.

Pro Tip: A short-term BRA (like a 1-day trial) is a low-risk way to vet an agent’s vibe—how they communicate, show up, and negotiate.

SEO Keywords: What is a BRA in real estate, BRA checklist for buyers, Buyer agent commission rules

The Big “What If” Questions

Here’s where it gets messy—and why buyers and agents are both sweating these changes:

  • Seller Offers Less Than Agreed?
    If you agreed to 3% on BRA and the seller offers 2%, your BRA should clarify: Does your agent take the hit, or do you pay the 1% difference? Negotiate this upfront to avoid surprises.
  • Seller Offers More?
    Agreed on 3% but the seller offers 4%? Your agent can only take 3%—no bonuses allowed. You can’t tweak the BRA per house either; once it’s set, it’s locked.
  • No Deal, No Pressure:
    If the seller’s concession doesn’t match your expectations and your agent won’t budge, there’s no deal. It’s a negotiation point—deal or no deal.

Takeaway: Read the fine print. These details can make or break your home-buying experience.

SEO Keywords: Buyer agent commission negotiation, What happens if seller offers less, Real estate BRA confusion

Why It’s Tougher for Everyone

Buyers aren’t the only ones feeling the heat—agents are too. Imagine working with a client for months, showing 20 homes, writing offers at 11 PM, only for them to ghost you because there’s no termination fee. I’ve been there—it’s heartbreaking (and wallet-breaking). Buyers, meanwhile, worry about locking in with an agent who might not deliver. It’s a two-way street, and mutual respect is key.

SEO Keywords: Challenges of BRA for buyers, Real estate agent struggles 2025

How to Find a Great Buyer’s Agent in 2025

Finding the right agent is now a serious business. Here’s how to nail it:

  1. Check Buyer Testimonials:
    Hit up Zillow or sold listings in your area. Look for reviews from buyers (not just sellers) saying things like “patient,” “great negotiator,” “great communication,” “very knowledgeable,” “really caring” “true professional,” or “always accommodating…”
  2. Experience Matters:
    You want someone with years of market know-how—especially now.
  3. Teams vs. Solo Agents:
    Big listing agents often pawn you off to a team buyer’s agent. Ask who you’ll work with—if they’ve got less than a year of experience, proceed with caution.
  4. Location:
    Pick an agent within 20 minutes of your target area. If they’re an hour away, good luck getting weekend showings.
  5. Test Communication:
    Call, text, or email them. Are they clear, punctual, and professional? That’s how they’ll represent you to sellers.
  6. Start Small:
    Sign a 1-day exclusive BRA to test the waters. Avoid non-exclusive agreements—agents won’t hustle for you if they’re one of five. If you like to work with them, 6 months length is reasonable in the current market because it can easily take 6 months to get a house.

My Story: I’ve spent a year with buyers, shown 20+ homes, and written half a dozen offers. If they ditched me, I’d be crushed. Respect your agent’s time—they’re working hard for you.

SEO Keywords: How to find a buyer’s agent 2025, Best buyer’s agent tips, Real estate agent reviews

Final Thoughts: Navigating the New Normal

The BRA isn’t just paperwork—it’s your ticket to homeownership in 2025. You don’t need it for open houses or calling the seller’s agent, but for everything else, it’s non-negotiable. Commissions are fully negotiable, but once set, they’re fixed. Vet your agent like your future depends on it—because it kinda does.

Got questions? Drop a comment or contact me, if you have Oregon specific questions. Happy house hunting!

SEO Keywords: New real estate rules 2025, Understanding BRA for home buyers, Shawn the Realtor Guy real estate