Ask an agent to show you a house in Western North Carolina this summer and you should expect paperwork before the front door opens. That still surprises buyers who remember touring homes after nothing more than a phone call. The buyer-agency agreement is not a trick, and it is not a formality to initial without reading. It defines who represents you, what you might owe, and how you can walk away. Here is what to look at before you sign, in plain language.

Two Separate Sets of Rules

Buyers often hear about “the new rules” as if they were one thing. They are actually two, and the North Carolina Real Estate Commission has explained both. First, state licensing rules require your broker to provide and review the “Working With Real Estate Agents” disclosure at first substantial contact, and they require a buyer-agency agreement to be in writing and signed no later than the time you make an offer, according to NCREC’s guidance on buyer-agency agreements. Nothing stops you and a broker from signing earlier, and many do.

Second, since August 17, 2024, the NAR settlement rules require MLS participants working with buyers to have a written agreement in place before an in-person or live-video home tour, as NCREC’s settlement guidance explains. That timing requirement comes from the settlement, not from state licensing law. In practice, the two rules together mean the agreement conversation now happens at the start of your search rather than at the offer stage.

Who Actually Represents You

North Carolina does not recognize a broker acting as a non-agent in a sales transaction, per NCREC. The broker represents the buyer, the seller, or both sides with the required authorization and disclosures. So read the agency section closely. If the same firm lists homes you may want to tour, the agreement will likely ask about dual agency, where one firm represents both sides of the deal. You can agree to that arrangement or decline it, but make the choice deliberately instead of initialing past it on a clipboard.

The Fee Section Deserves Your Full Attention

Start with the basic principle. Brokerage commissions are negotiable between you and the broker or firm, and NCREC does not set or advertise commission rates. Any fee printed in the document is a starting point for a conversation, not a law of nature.

Next, understand the scenarios. NCREC advises buyer agents to state their full fee and to explain that if a seller or listing firm offers compensation lower than that fee, the buyer may owe the difference, and if no compensation is offered at all, the buyer may owe the full fee. Your agent should also present known property-specific compensation information to you, which means the answer can change from one house to the next. Ask about it for each home you seriously consider, not just once at signing.

There is also a hard legal backstop worth knowing. North Carolina statute provides that a broker cannot recover under an agreement for broker services unless the contract is in writing and signed by the party to be charged. The paperwork protects both sides, so make sure every number you discussed out loud actually appears in the document.

What to Check Before You Sign

Five minutes with these items will answer most of the questions buyers wish they had asked earlier.

• Duration. How long does the agreement run, and does it cover a single showing, a defined area, or every home you buy during the term?
• Scope. Which properties and locations fall under the agreement, and what happens if you buy something outside it?
• The full fee. Is the broker’s compensation stated as a clear number or formula you understand?
• The gap scenarios. What do you owe if the seller’s offer of compensation is lower than the fee, or missing entirely?
• Dual agency. Is it authorized, and how would the firm handle representing both sides?
• Exit terms. How do you end the agreement if the relationship is not working?

Ask Before You Sign, Not After

A good agent expects these questions and answers them without flinching. The disclosure at first substantial contact exists precisely so that representation gets discussed before anyone falls in love with a house. If an agent waves off the fee section, rushes your signature in a driveway, or cannot explain what happens when a seller offers less compensation than the stated fee, that tells you something useful before you have committed to anything.

Remember, too, that early signing can work in your favor. State rules allow you and a broker to enter the agreement well before an offer, and the settlement rules effectively require it before the first tour. Treat that early conversation as your chance to interview the agent, negotiate the terms, and set expectations for the whole search.

The Bottom Line for WNC Buyers

The agreement you sign before touring homes in 2026 is a real contract with real money attached, and it rewards ten minutes of careful reading. Know who represents you, know the full fee and the gap scenarios, know how dual agency would work, and know your exit. Buyers who understand those four things walk into every showing with more leverage, not less.

Team 100 Realty represents buyers across Western North Carolina, and we go through the buyer-agency agreement line by line before you sign anything, with straight answers on fees, representation, and exit terms. Visit team100realty.com to start your home search with an agent who explains the paperwork first.