Wisconsin guide

WB-36 Buyer Agency Agreement: Post-Settlement Requirements

In Wisconsin, you have to sign a form called the WB-36 Buyer Agency Agreement with an agent before they can take you to see any homes.

TL;DR

In Wisconsin, you have to sign a form called the WB-36 Buyer Agency Agreement with an agent before they can take you to see any homes. The form spells out exactly what your agent will do for you and how they get paid — and the pay section can't be left blank or vague. If the seller offers to cover your agent's fee and the amount matches what you agreed to, you owe nothing extra; if it falls short, you cover the difference.

Before you start — 8 things to know

  • You have to sign the WB-36 Buyer Agency Agreement with your agent before they can show you any home in Wisconsin — that rule kicked in on August 17, 2024.

  • The WB-36 (Wisconsin's state-approved buyer agency form) has to state exactly how your agent will be paid: flat fee, percentage of the purchase price, or a mix. A blank or vague pay section is not allowed.

  • Your buyer's agent can be paid through the WB-36 by the seller, by the listing broker through the (the shared listing database agents use), by you directly, or by some combination of those.

  • If a seller covers your agent's fee and the amount meets what you agreed to in the WB-36 Buyer Agency Agreement, you owe nothing extra out of pocket at closing.

  • If the seller's offer falls short of what you agreed to pay your agent in the WB-36, you are responsible for the gap unless you renegotiate something different in writing.

  • The WB-36 Buyer Agency Agreement also locks in what the agent owes you — their duties, the area or property types they'll search, and how long the relationship lasts.

  • The WB-36 protects buyers, not just agents — it's a written service agreement that lists what your agent has to deliver, not only what you have to pay.

  • These pre-tour signing rules came out of the (National Association of REALTORS) settlement, which Wisconsin systems adopted on the national rollout date.

The timeline — step by step

  1. You decide to start house-hunting in Wisconsin and reach out to a buyer's agent.

  2. Before any showings, you and your agent fill out and sign the WB-36 Buyer Agency Agreement — Wisconsin's state-approved form for buyer representation.

  3. You negotiate the compensation section of the WB-36 — flat fee, percentage of purchase price, or both — and write the exact numbers into the form.

  4. The WB-36 also defines what your agent will do, where they'll search, which property types are in scope, and how long the agreement lasts.

  5. With the WB-36 signed, your agent starts showing you homes that fit the agreed scope and helps you draft offers.

  6. When you find a home, the listing broker's cooperating compensation offer (shared through the ) is compared to what you agreed to pay your agent in the WB-36.

  7. If there's a gap between the seller-side offer and what you owe your agent under the WB-36, you document any adjustment in writing — typically with a WB-41 Notice or in the Additional Provisions section of the WB-11 offer to purchase.

  8. At closing, your agent's compensation flows according to what's written in the WB-36 plus any signed changes.

Common questions

Do I really have to sign a buyer agency agreement before I can see a single house in Wisconsin?
Yes. Since August 17, 2024, Wisconsin rules require a signed written buyer agency agreement — the WB-36 — before an agent can show you any property. The (National Association of REALTORS) settlement pushed this nationally around the same time. Plan to sign the WB-36 before your first tour, not after.
How does my agent get paid under the WB-36?
The WB-36 Buyer Agency Agreement has to spell out the exact compensation — usually a flat fee, a percentage of the purchase price, or a mix of the two. The money can come from the seller, the listing broker (through the shared listing database), or directly from you. Blank or 'we'll figure it out later' arrangements aren't allowed.
What if the seller is offering to pay my buyer's agent's fee?
If the seller's compensation offer meets or beats what you agreed to pay your agent in the WB-36, you owe nothing extra out of pocket at closing. If the offer falls short, you're responsible for the difference unless you and your agent renegotiate the WB-36 compensation in writing.
Can I just sign the WB-36 to start touring and back out later if the agent isn't a fit?
The WB-36 Buyer Agency Agreement sets a duration and a scope (geographic area or property types) when you sign it, so it's a real contract — not a tour pass. Read the term length and any cancellation language before signing. If you're not ready to commit to one agent for months, ask about a shorter trial period in writing.
Why does Wisconsin require the WB-36 — what does it actually protect?
The WB-36 documents what your agent is on the hook to do for you (their duties, scope, and timeline), not just what you owe them. Wisconsin's agency disclosure statute (Wis. Stat. §452.135) layers on top, requiring agents to tell you in writing who they represent. Together they turn a vague handshake into a written service agreement.
What is a WB-41 and when would I need one?
The WB-41 is a Notice form used to document changes to the WB-36 agency agreement in writing. If you and your agent need to renegotiate compensation mid-deal — for example, because the seller's offer didn't cover the full fee — you'd use the WB-41 (or the Additional Provisions section of the WB-11 offer to purchase) to make the change official.

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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