Exclusive Buyer Agreements

As the real estate industry continues to evolve—especially here in Sarasota—it’s more important than ever for both buyers and Realtors® to understand how exclusive buyer agreements work and why they matter.

I often hear confusion around questions like:
“Can I work with another agent?” or “Can I get out of the agreement I already signed?”
The answers depend on the type of agreement in place—and ethics and law play a major role.

What Is an Exclusive Buyer Agreement?

An Exclusive Buyer Broker Agreement (EBBA) is a written contract between a buyer and a brokerage firm. Once signed, that brokerage is the buyer’s exclusive representative for the agreed-upon period of time.

This means:
• Other Realtors® should not attempt to solicit or interfere with that relationship.
• The buyer has agreed to work exclusively with that firm, subject to the terms in the agreement.
• The agreement may include limitations on showings, geographic areas, or types of properties.

Why Realtors Must Not Interfere

The Realtor® Code of Ethics is clear: Realtors must avoid interfering with another firm’s exclusive relationship. This applies whether the agreement is with a brokerage or an individual agent within that brokerage.

Initiating conversations about representation with a buyer who is already under an exclusive agreement—especially encouraging them to “get out of it”—can be an ethical violation and, in some cases, lead to legal exposure.

Even reviewing another brokerage’s exclusive agreement and advising a buyer on their legal rights can cross into the unauthorized practice of law.

What If a Buyer Reaches Out First?

There is an important distinction here.

If a buyer initiates the conversation, a Realtor® may:
• Explain general services and representation options
• Discuss what a future agreement could look like after the current agreement expires

However, the discussion must be limited. The only truly safe conversation is one about future representation, not how to escape a current agreement.

And yes—buyers often ask:

“How do I get out of my current buyer agreement?”

That question should always be redirected appropriately.

How Can a Buyer Exit an Exclusive Buyer Agreement?

If a buyer wants to end an exclusive agreement, the proper steps are:

1. Speak directly with their current broker first
Many brokerages are willing to negotiate a mutual or unconditional termination.
2. Read the agreement carefully
Terms, expiration dates, and termination clauses vary.
3. Consult a real estate attorney if needed
Legal advice should come from a lawyer—not another agent.

This protects everyone involved and keeps the transaction ethical and professional.

What About Showing Agreements?

Not all written agreements are exclusive.

For example, the Florida Realtors® Showing Agreement (SA) is nonexclusive. It simply allows an agent to show a property and does not prevent a buyer from working with other agents. In these cases, the same restrictions do not apply.

Understanding the difference between a showing agreement and an exclusive buyer agreement is critical for buyers navigating today’s market.

Why This Matters in Today’s Sarasota Market

With strong buyer demand, new construction opportunities, and evolving industry rules, clarity and professionalism matter more than ever. Buyer agreements are not just paperwork—they define expectations, representation, and trust.

As a Realtor®, my role is to educate, protect, and guide, not create confusion or ethical gray areas.

If you’re a buyer with questions about representation—or an agent navigating these changes—the key takeaway is simple:

Respect existing relationships. Communicate clearly. And when in doubt, slow it down and do it right.

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MBA Candidate Forest Balderson has a BA in Creative Writing from Eckerd College and a Graduate Certificate in Nonprofit Management from Bay Path University. He is a full-time Realtor® for VUE Realty in downtown Sarasota. Call today at (941) 549-4010 for a no pressure conversation.

Reference

Don’t interfere with exclusive buyer agreements. Florida Realtor Magazine. Jan-Feb 2025-26