Do You Have to Sign a Buyer Agreement Before Touring Homes in California?
What is the BRBC and do you have to sign it before seeing homes in California?
Yes. As of January 1, 2026, California law (AB 2992) requires buyers to sign a written Buyer Representation and Broker Compensation Agreement — known as the BRBC — before a licensed real estate agent can show you any property. The agreement specifies what services your agent will provide, how long the relationship lasts (up to three months), and how the agent gets paid. In most California transactions, the seller still offers compensation to the buyer's agent — but the BRBC makes the terms explicit before your search begins.
By Kasama Lee, REALTOR® | RE/MAX Gold | DRE #01408667 | June 14, 2026
If you've started talking to a real estate agent recently, you may have already hit this moment: before you could schedule your first home tour, the agent asked you to sign an agreement.
For many buyers — especially first-timers — this feels strange. Maybe even alarming. Why am I signing a contract before I've even seen a house?
It's a fair question. And the answer is actually straightforward once you understand what changed and why. Here's everything you need to know about California's new buyer representation requirement before you start your home search in American Canyon, Napa, Vallejo, Fairfield, or anywhere in southern Napa or Solano County.
The Law Changed in 2026 — Here's What's Different
The requirement comes from two sources: a nationwide legal settlement involving the National Association of Realtors (NAR) in 2024, and California-specific legislation called Assembly Bill 2992 (AB 2992), which took full effect on January 1, 2026.
Before these changes, buyers in California could tour homes with an agent for weeks or months without any formal agreement in place. Compensation for buyer's agents was handled quietly behind the scenes — the seller's listing agent offered a share of the commission to whichever buyer's agent brought the winning offer, and no one talked about it directly with buyers.
That system is gone. The new rules require:
A signed written agreement before any property showing
Clear disclosure of how the buyer's agent will be compensated
A maximum agreement term of three months
The agreement California agents now use is the BRBC — the Buyer Representation and Broker Compensation Agreement, a standardized form from the California Association of Realtors (CAR). It's the document your agent will walk you through at your first meeting.
What's Actually in the BRBC
Think of the BRBC as a service contract — the same kind of contract you'd sign with any professional before they start working for you. It covers four main areas:
Services provided. The agreement describes what your agent will do for you: searching for properties, scheduling and attending tours, writing offers, negotiating on your behalf, guiding you through inspections, and supporting you from offer acceptance through escrow.
Compensation. This section specifies how much your agent expects to be paid and who is expected to pay it. This is the part most buyers want to understand clearly — and we'll get to it in the next section.
Duration. The agreement has a defined end date — California law caps it at three months. Most agreements are set for a shorter period initially, long enough to cover an active home search, with the option to renew if you haven't found the right home yet.
Exclusivity. You can negotiate whether the agreement is exclusive (you work only with this agent) or non-exclusive (you retain the option to work with multiple agents or visit open houses independently). This matters, and it's negotiable — more on that below.
Before you sign anything, read it. Ask your agent to walk you through each section. A confident, experienced agent will welcome that conversation — it's an opportunity to build trust, not dodge questions.
Who Pays the Buyer's Agent — And What If the Seller Won't?
This is the question I hear from almost every buyer who reads the BRBC for the first time: Does this mean I have to pay my agent out of pocket?
The short answer: probably not. But here's the full picture.
Sellers still pay in most cases. Despite all the changes, the majority of California sellers continue to offer compensation to the buyer's agent as part of their overall transaction. Data from 2025 showed buyer's agent commissions holding relatively stable at around 2.4% on average nationally. Sellers offer compensation because it's in their interest — homes that welcome represented buyers attract more serious, financing-ready purchasers and tend to close faster.
But sellers are no longer required to offer anything. Under the new rules, a seller can decline to offer buyer's agent compensation. If that happens, whatever compensation amount you agreed to in the BRBC becomes your responsibility as the buyer.
Here's how this plays out in a real transaction: when your agent writes an offer, the BRBC compensation amount is typically structured as a seller concession request — part of the offer terms. If the seller agrees, they cover your agent's fee out of the proceeds. If they decline, you and your agent discuss your options: reduce the requested fee, adjust the offer price, or weigh whether to continue with this property.
The BRBC protects your agent's right to be paid. It doesn't automatically mean you're cutting a separate check — but it makes the terms visible and negotiated upfront, which is actually better for buyers than the old system where the economics were invisible.
What to Ask Before You Sign
Before you sign a BRBC, have a direct conversation with your agent. Here are the questions worth asking:
What's the compensation amount, exactly? It should be stated clearly as a dollar amount or a percentage of the purchase price — not vague or left open.
Is this exclusive or non-exclusive? Understand whether you're committing to work only with this agent for the full term.
What if I want to visit an open house on my own? Open houses are an exception — you can attend without your agent and without a BRBC.
What if the property is new construction? This matters if you're considering Watson Ranch or the newly opened Enclave at Canyon Estates in American Canyon. I've written specifically about why buyers at new construction need their own registered agent — the builder's sales team works for the builder, not for you. Your BRBC with an independent agent protects your position before you ever walk into that sales office.
What are the termination terms? If the relationship isn't working, understand how you can exit the agreement.
A good agent will answer all of these without hesitation. If they can't — or won't — that tells you something important before you've committed to anything.
What About Open Houses?
Open houses are the main carve-out under California's new rules. You can walk into an open house, speak with the listing agent (who represents the seller, not you), and tour the property without signing any agreement.
What you can't do is have your own agent schedule private showings for you, write an offer on your behalf, or negotiate in your interest — without a BRBC in place first. The moment an agent is actively working for you, the written agreement must exist.
This is a reasonable line. The law is about formalizing professional relationships and making compensation visible, not creating barriers to looking at homes.
If you're early in your search and want to explore open houses on your own before committing to an agent — that's a valid approach. Just understand that when you're ready to make an offer or need professional representation, the BRBC conversation comes first. Getting your buyer strategy in place before you're actively searching will make that transition much smoother.
The Bottom Line for Buyers in Napa and Solano County
For buyers in American Canyon, Napa, Vallejo, Fairfield, Benicia, and Vacaville, the BRBC conversation typically happens right at the start of the buyer consultation — and it should. This region has a mix of resale inventory and active new construction communities. Enclave at Canyon Estates by Richmond American Homes opened for sales on June 11, 2026 — just this week — with 36 homes and nine floor plans in American Canyon's eastern foothills. Watson Ranch (KB Home and D.R. Horton) has been actively selling for months.
In both cases, having a BRBC in place means you arrive with professional representation before the builder's team ever starts presenting contract terms. Without it, you're navigating a one-sided negotiation alone.
The BRBC isn't a commitment to a specific home or price point. It's a commitment to having someone in your corner at every step — and a California law that finally makes those terms explicit.
Frequently Asked Questions
Do I have to sign a BRBC before attending an open house in California?
No. Open houses are an exception under AB 2992. You can visit an open house without signing any buyer representation agreement. The requirement applies when a licensed agent is actively showing you properties, scheduling tours, or working on your behalf in any capacity.
Can I negotiate the terms of the BRBC?
Yes. The BRBC is not a take-it-or-leave-it form. You can negotiate the compensation amount, the duration (up to the 3-month legal maximum), and whether the agreement is exclusive or non-exclusive. A professional agent will be open to discussing these terms before you sign — that conversation is part of the job.
What happens if the seller won't pay my buyer's agent in California?
If a seller declines to offer buyer's agent compensation, the amount specified in your BRBC may become your responsibility. In practice, your agent will typically structure the compensation as a seller concession request within your offer. If the seller declines, you and your agent discuss options — adjusting the offer structure, negotiating the fee, or evaluating whether to continue with that property.
How long does the BRBC last?
California law limits buyer broker agreements to three months from the signing date. Most agreements are structured for a shorter initial period — long enough to cover an active home search — with the option to renew if needed.
Does the BRBC mean I'm locked into one agent?
It depends on whether the agreement is exclusive or non-exclusive. An exclusive BRBC means you've agreed to work only with that agent for the duration. A non-exclusive agreement allows more flexibility. Read this section carefully before signing, and ask your agent directly what the default is in the agreement they're presenting.
Navigating California's new buyer representation rules is straightforward once you understand what the BRBC actually does — and doesn't — require. The goal is transparency: you know how your agent gets paid, what they'll do for you, and how long the relationship lasts, before a single showing is on the calendar.
If you're starting your home search in American Canyon, Napa, Vallejo, Fairfield, or anywhere in southern Napa or Solano County, I'd love to walk you through the BRBC in a private, no-pressure buyer consultation. We can talk through your goals, financing readiness, and what to expect at every stage of the process — starting with the paperwork that often surprises buyers before they even begin.
Schedule a consultation at https://kasamasells.com/contact.
About Kasama Lee, REALTOR®
Kasama Lee is a RE/MAX Gold Realtor® serving American Canyon, Napa, Vallejo, Fairfield, Benicia, Suisun City, and the broader Vallejo-Fairfield-Napa metro since 2004. A Best of Napa County 2024 award-winning team leader and certified real estate coach for Tom Ferry International, Kasama specializes in helping sellers and buyers navigate single-family homes, new construction, and 55+ active adult communities across southern Napa and Solano counties. With more than two decades of local market experience and a partnership with her husband Barton, a CPA, she brings both negotiation expertise and financial clarity to every transaction. Connect with Kasama at kasamasells.com.
Kasama Lee, REALTOR® | RE/MAX Gold | DRE #01408667
