Changes to Buyer Brokerage Agreements in Bellingham and Whatcom County Real Estate: What You Need to Know
In 2024 the real estate landscape in Bellingham and Whatcom County saw some important changes. One of the most significant updates is the new requirement for real estate agents and buyers to sign a Buyer Brokerage Services Agreement before any real estate services are provided, "or as soon as reasonably practical". This change impacts anyone & everyone planning to buy a home in Bellingham, Whatcom County, or across Washington state.
What Changed in 2024?
In 2024, a new state law now mandates that all real estate agents and brokerages in Washington must enter into a written Buyer Brokerage Services Agreement with buyers they represent. This means that before we can begin showing homes or assisting you with your home purchase in Bellingham, Lynden, Ferndale, or anywhere in Whatcom County, we will need to sign a contract confirming that I am your agent and you are my client.
This update is a change to Washington’s Agency Law (RCW 18.86), which previously only required written agreements between agents and sellers. Now, agents must formalize the relationship with both buyers and sellers before providing any services.
What Does the Contract Include?
The Buyer Brokerage Services Agreement is similar to a contract you’d sign with a service provider, like a car mechanic. It outlines the terms of our working relationship and the services I will provide. Here’s what the contract will include:
- Term of the Agreement: This is where you define how long the contract will last. This can always be extended.
- Location of the Agreement: These agreements are location specific - and only apply to the location defined within the agreement.
- Broker Information: The agreement will state which brokerage you are employing (eXp Realty) & which agent that brokerage is employing (Josh Crown).
- Exclusivity: It will clarify whether the agreement is exclusive or non-exclusive.
- Limited Dual Agency: The contract will specify if you consent to me representing both you and the seller in the same transaction, known as limited dual agency. There are only rare circumstances where I recommend this.
- Compensation: The agreement will detail how my brokerage (eXp Realty) will be compensated and who will cover those costs.
- Additional Terms: Any other specific agreements between us will also be included.
What Does This Mean for You?
For buyers in Bellingham and Whatcom County, the most important change is that your agent can no longer begin working for you—whether showing homes or negotiating offers—until this Buyer Brokerage Services Agreement is signed. While the law allows us to begin providing services before the agreement is signed, it must be executed either before we start working together or “as soon as reasonably practical” after.
This new requirement ensures that you, as a buyer, clearly understand the terms of our working relationship from the start. You will know exactly what services I will provide, how much they cost, and who will be responsible for paying those costs. This transparent process benefits both parties and sets clear expectations from day one.
How Do I Know We Are Going to Be a Good Fit?
Choosing the right Bellingham & Whatcom County real estate agent is a big decision, and it’s important to find someone who aligns with your home-buying goals and communication style. No matter which real estate agent in Bellingham & Whatcom County you choose to work with, if they are following Washington State real estate laws (which I highly recommend), you will be required to sign a Buyer Brokerage Services Agreement.
Since signing an agreement can feel intimidating, I offer a unique solution: my "Trial Agreement." If we haven’t worked together before or don’t know each other personally, I set the initial contract at just 7 days. This short-term agreement allows you to experience my approach firsthand, see if my real estate services in Bellingham & Whatcom County are the right fit for you, and ensure that we work well together.
At the same time, this trial period also helps me determine if we are a good match. While I love working with new clients, as my business has grown, I have become more selective about the homebuyers in Bellingham & Whatcom County that I take on. I prioritize working with clients who are fun, respectful, and serious about their home search—these qualities help make the process smooth and enjoyable for everyone involved.
At the end of the 7-day period, we can decide to extend the buyer agreement and continue working together, or, if it’s not the right fit, we can part ways—no hard feelings! My goal is to ensure that you feel confident and comfortable throughout your home-buying journey.
Final Thoughts on the New Requirement:
For the past 25 years, real estate agents in Washington have had clear agreements with sellers, formalizing our relationships and making transactions more transparent. With this new law, the same level of transparency is now required for buyer-agent relationships. It’s a step toward improving the overall real estate experience for both buyers and sellers in Whatcom County and beyond.
So, if you're ready to start your homebuying journey in Bellingham or any part of Whatcom County, be prepared for me to introduce you to the Buyer Brokerage Services Agreement. I’ll walk you through the details, answer all your questions, and once we’ve both signed the agreement, we can dive into your home search with full clarity.
As always, if you have any questions or need assistance with your real estate goals, don’t hesitate to reach out. I’m here to guide you through every step of the process!
-Josh Crown - 360-389-6906