Louisiana guide

Louisiana Buyer Brokerage Agreements Post-August 17, 2024 NAR Settlement

Before a Louisiana agent can tour even one house with you, you have to sign a written buyer representation agreement that says exactly how much you'll pay them.

TL;DR

Before a Louisiana agent can tour even one house with you, you have to sign a written buyer representation agreement that says exactly how much you'll pay them. This rule kicked in on August 17, 2024, after a national settlement involving the (National Association of REALTORS). The good news: the fee has to be spelled out clearly, it's negotiable, and in many Louisiana deals the seller's side still covers it so you don't pay out of pocket.

Before you start — 8 things to know

  • Since August 17, 2024, a Louisiana buyer's agent has to get a written agreement signed with you before they walk you through a single property — this is the result of the (National Association of REALTORS) settlement that changed how buyer representation works across the country.

  • The agreement has to state your agent's pay as a real number — either a specific dollar amount (like $5,000) or a clear formula (like 2.5% of the sale price). Vague language isn't allowed under the settlement rules.

  • The form has to say in writing that the fee was negotiated between you and the agent, not set by some industry standard. That means you can — and should — negotiate the number before signing.

  • In Louisiana, the standard form most agents use is the Exclusive Buyer Representation Agreement (EBRA), published by Louisiana REALTORS. It's designed to satisfy both the post-settlement rules and Louisiana (Multiple Listing Service) requirements.

  • If the seller offers to pay buyer-side compensation that matches or beats what you agreed to pay your agent, you typically owe nothing out of pocket — the seller's contribution covers it. The Louisiana EBRA explicitly handles this scenario.

  • The Louisiana EBRA also locks in a duration (how long you're committed to this agent) and a geographic scope (which areas it covers). Read these carefully before signing — a 12-month statewide agreement is very different from a 30-day Orleans Parish one.

  • The (National Association of REALTORS) settlement rules apply to any agent who is a REALTOR or whose brokerage participates in a (Multiple Listing Service) — which covers nearly every working agent in Louisiana, so don't expect to find a workaround.

  • You don't have to sign with the first agent who hands you a form. You can interview agents, ask questions about the Louisiana EBRA, and negotiate the fee and the length of the agreement before you commit.

The timeline — step by step

  1. Meet with a Louisiana agent — by phone, video, or in person. They explain how buyer representation works and what they'd charge, but no home tours happen yet (the settlement bans tours before paperwork).

  2. The agent presents the Louisiana Exclusive Buyer Representation Agreement (EBRA) published by Louisiana REALTORS. You go through the compensation amount, the length of the deal, and the geographic area together.

  3. Negotiate the terms. The (National Association of REALTORS) settlement requires the fee to be a specific number or formula and to be confirmed as negotiated, not set by anyone else — so this is your real chance to push back on the rate or shorten the term.

  4. Sign the Louisiana EBRA. Only after both parties sign can the agent legally tour properties with you, per (Multiple Listing Service) compliance rules adopted in Louisiana after the August 17, 2024 effective date.

  5. Tour homes with your agent. The signed Louisiana EBRA is now in force and covers showings inside the agreed geographic area for the agreed time period.

  6. When you make an offer, your agent's compensation gets addressed in the deal — often by asking the seller's side to cover all or part of it. The Louisiana EBRA spells out what happens if the seller's contribution equals or beats the agreed amount.

  7. At closing, your agent's fee is paid based on what the Louisiana EBRA says. If the seller's contribution covered the full amount, you typically pay nothing extra; if it fell short, you may owe the difference.

Common questions

Do I really have to sign something just to look at a house?
Yes, if you're working with a Louisiana agent who's a REALTOR or whose brokerage uses a (Multiple Listing Service) — which is almost all of them. Since August 17, 2024, the (National Association of REALTORS) settlement requires a signed buyer representation agreement before any property tour. You can still attend open houses on your own without one.
How much will I actually have to pay my agent in Louisiana?
Whatever you and the agent negotiate and write into the Louisiana Exclusive Buyer Representation Agreement (EBRA). It has to be a specific dollar amount or a clear formula like a percentage of the sale price — no vague promises allowed. Common rates are in the 2–3% range, but nothing is fixed and you're free to push for less.
What if the seller is willing to pay my agent?
That happens often in Louisiana. The Louisiana Exclusive Buyer Representation Agreement (EBRA) addresses this directly: if the seller offers compensation that matches or beats what you agreed to pay your agent, the seller's contribution covers it and you usually pay nothing out of pocket. If the seller offers less, you'd cover the gap.
How long am I locked into the agreement?
It depends on what you sign. The Louisiana Exclusive Buyer Representation Agreement (EBRA) has a duration field — it could be days, weeks, or months. Read it before signing, and ask to shorten the term if you're not ready to commit long-term to a single agent.
Can I work with more than one agent at the same time?
The Louisiana Exclusive Buyer Representation Agreement (EBRA) is called "exclusive" for a reason — it generally means the agent you signed with is your one agent for the homes and area listed during the time period agreed. If you want flexibility, ask for a non-exclusive version or limit the geographic scope before you sign.
What if I don't like my agent after signing?
Talk to the agent and their broker first — many will let you out of the Louisiana Exclusive Buyer Representation Agreement (EBRA) early if the fit is wrong, since they'd rather not work a deal with an unhappy client. If they refuse, the agreement controls until it expires, so it's worth keeping the initial term short.
Why did this rule change in 2024?
The (National Association of REALTORS) settled a major lawsuit over how buyer-agent commissions were being handled across the country. As part of that settlement, effective August 17, 2024, written buyer representation agreements with clearly stated compensation became mandatory before showing property. Louisiana adopted the change in line with that date.

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

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