Idaho guide

Idaho Buyer Representation Agreements: Post-NAR Requirements and IREC Expectations

In Idaho, any agent who belongs to NAR or uses an NAR-affiliated MLS must have you sign a written buyer representation agreement before they show you a home, a rule that took effect in August 2024.

Reading as buyer.

TL;DR

In Idaho, any agent who belongs to or uses an NAR-affiliated must have you sign a written buyer representation agreement before they show you a home, a rule that took effect in August 2024. Idaho law already required your agency relationship to be in writing under Idaho Code 54-2085, so this one document now satisfies both rules at once. The agreement has to state exactly how your agent gets paid and how long the contract lasts, and every number in it is negotiable before you sign.

Before you start — 11 things to know

  • Since August 2024, any Idaho agent who is a member of or uses an NAR-affiliated must get your signature on a written buyer representation agreement before walking you through a single home.

  • Idaho is different from many states because Idaho Code 54-2085 has long required that your agency relationship with a broker be defined in writing, so the new federal rule is layered on top of an existing state law.

  • The single Idaho Real Estate Commission (IREC) approved form covers both requirements at once, so you should not have to sign two separate buyer agreements.

  • The compensation section must show a specific dollar amount or percentage, like 2.5% of the purchase price, and cannot say something vague like 'whatever the seller offers.'

  • The agreement must have a clear end date and cannot run forever without both of you agreeing to renew it, so pay attention to the term length before you sign.

  • Your form will list the type of relationship you have with the agent: single agency (only your side), limited dual agency (same brokerage represents both buyer and seller), or non-agency (just a customer, not a client).

  • Compensation is fully negotiable in Idaho — the settlement did not set a cap or a floor, it only requires that whatever number you and your agent agree to be written down clearly.

  • A seller can still offer to cover your buyer agent's fee, but it now has to be negotiated inside the purchase contract (Idaho's RE-21 form) instead of being advertised through fields.

  • If the seller's contribution is less than what you owe under your buyer agreement, you pay the difference out of pocket at closing, so make sure you understand the gap before you write an offer.

  • An agent who shows you homes without first getting a signed agreement is breaking the Code of Ethics and may also be out of compliance with Idaho's Brokerage Representation Act.

  • You can ask for a short, single-property or single-tour version of the buyer agreement first if you are not ready to commit, then sign a longer term once you trust the agent.

The timeline — step by step

  1. Before your first tour, your Idaho agent sends you the IREC-approved buyer representation agreement so you can read it ahead of time.

  2. You review the four key parts: the relationship type, the compensation amount, the search area or property scope, and the start and end dates.

  3. You negotiate the fee in plain numbers — a flat dollar amount or a specific percentage — because the settlement bans open-ended language.

  4. You sign the agreement before you step into the first home, since touring without it would violate both rules and Idaho's written-agency requirement.

  5. When you find a home, your agent checks whether the seller is offering to cover your fee and writes that request into the Idaho RE-21 purchase contract.

  6. At closing, any seller concession toward your agent's fee is applied first, and you pay only the remaining gap, if any, from your own funds.

  7. The agreement ends on the termination date listed in the contract, leaving you free to work with a different Idaho agent for any future purchase.

Common questions

Do I really have to sign a buyer representation agreement before touring a home in Idaho?
Yes, if your agent is a member of or uses an NAR-affiliated , the August 2024 settlement requires a written, signed agreement before any showing, and Idaho's own agency law backs that up.
Why does Idaho law also require this agreement?
Idaho Code 54-2085 has required for years that any agency relationship between you and a broker be put in writing to be enforceable, so the buyer agreement satisfies that state rule at the same time.
How much will my Idaho buyer's agent get paid?
Whatever you and the agent agree to in writing — the settlement requires a specific dollar amount or percentage, but it does not cap or set the rate, so everything is negotiable before you sign.
Can the seller still pay my agent's commission?
Yes, but the seller's offer to cover your agent's fee now has to be negotiated inside the Idaho RE-21 purchase contract instead of being advertised in the .
What if the seller's contribution does not cover my agent's full fee?
You pay the difference at closing out of your own funds, so it is smart to know the exact gap before writing the offer.
What happens if an agent shows me homes without ever getting an agreement signed?
That is a violation of the Code of Ethics and likely a compliance issue under Idaho's Brokerage Representation Act, and the agent may have a hard time collecting any commission later.
How long does the Idaho buyer agreement last?
It must list a clear end date and cannot be open-ended, so check the term before signing and ask to shorten it if you want flexibility.
Can I sign a short agreement for just one home or one tour?
Yes, you can ask for a single-property or single-day version of the IREC-approved form and decide later whether to commit to a broader relationship with that agent.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

  1. [1]
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