Buyer Representation Agreements in Hawaii: What You’re Signing and Why
If you’re shopping for a home in Hawaii, an agent will ask you to sign a buyer representation agreement before they take you into a single property. That’s not the agent being pushy. Since August 17, 2024, it’s how every Realtor in the country has to work.
The agreement is short, and most of it is plain. But it sets two things that matter a lot: who your agent works for, and exactly how much they get paid. Here are the rules, the Hawaii-specific pieces, and a sample agreement section by section, so you know what you’re signing before you sign it.
The national rules since August 2024
The requirement came out of the National Association of Realtors’ 2024 settlement. An agent working with a buyer has to have a written agreement in place before touring a home, and that includes live virtual tours (NAR). An open house doesn’t count as a tour, so you can walk into one without signing anything (Wisconsin Realtors Association).
The written agreement has to do a few specific things:
- Name the pay in real numbers. It has to be a clear amount, like a percentage of the price, a flat fee, or an hourly rate. It can’t be open-ended, such as “whatever the seller offers” (NAR).
- Say that commissions are negotiable. Broker fees aren’t set by law, and the agreement has to say so.
- Cap what the agent can collect. Whatever amount you agree to is the ceiling. Your agent can’t accept more from any source, including a bonus from the seller (Hawaii Realtors).
One more change: offers of buyer-agent pay are no longer posted on the MLS. The seller may still agree to cover your agent’s fee, but that now gets negotiated in your offer rather than advertised up front.
What Hawaii adds on top
Hawaii had its own agency rules before the settlement, and they still apply. The main one is Hawaii Administrative Rules §16-99-3.1, which requires agents to disclose who they represent and get that confirmed in writing. If they skip it, both the brokerage and the agent can be disciplined by the Real Estate Commission (HAR §16-99-3.1).
There are three ways an agent can stand in a Hawaii deal:
| Role | Who they work for | What it means for you |
|---|---|---|
| Buyer’s agent | You | Owes you loyalty, confidentiality and care |
| Seller’s agent | The seller | Can help you as a customer, but works for the seller |
| Dual agent | Both sides | Has to stay neutral in negotiation |
Dual agency is legal in Hawaii, but only when both buyer and seller know about it and agree in writing (BiggerPockets). That usually happens through a separate consent form. Nothing requires an agent to take on dual agency, and nothing requires you to agree to it (Hawaii Life).
Decide how you feel about dual agency before you sign, not after you find the house. If your agent’s firm has the listing you love, that’s when it comes up.
A sample agreement, section by section
Below is a simplified sample written for this guide. It is not the Hawaii Association of Realtors standard form or any brokerage’s actual contract. The one you sign will be longer and worded differently, but it covers the same ground. Bracketed items are the blanks you and your agent fill in.
1. Parties. “This agreement is between [Buyer name(s)] and [Brokerage name], acting through its licensee [Agent name, license #].”
You’re hiring the brokerage, not just the person. If your agent leaves the firm, the agreement usually stays with the brokerage.
2. Term. “This agreement begins on 2026 and ends on 2026, unless ended sooner under Section 7.”
This covers a window of time, not one property. Three to six months is common. Shorter is fine, especially for a first agreement.
3. Scope. “Buyer is looking for [property type] on [island or area], in the range of [price range].”
Make this as narrow or as broad as you mean it. If you only want this agent for Maui condos, say Maui condos. Anything outside the scope, you’re free to buy with someone else.
4. Exclusive or non-exclusive. “Buyer [will / will not] work with other brokerages during the term for property within the scope.”
Exclusive means this firm is your only buyer’s agent for that scope. Non-exclusive lets you use more than one, but expect agents to be less invested.
5. Compensation. “Brokerage will be paid [X% of the purchase price / $X flat fee] at closing. Broker fees are not set by law and are fully negotiable. Brokerage will not accept more than this amount from any source.”
The most important blank. Whatever goes here is the most your agent can earn on the deal. If the seller agrees to pay part or all of it, that reduces what you owe. If the seller pays nothing, the balance is yours.
6. Agency and dual agency. “Brokerage will act as Buyer’s agent. If Buyer is interested in a property listed by Brokerage, Buyer [does / does not] consent to dual agency, subject to a separate written consent.”
This is where the Hawaii rules show up. Saying no doesn’t stop you from buying a home your agent’s firm has listed. It just means another arrangement has to be worked out first.
7. Ending the agreement. “Either party may end this agreement with [X] days’ written notice. If Buyer buys a property within [X] days after it ends that Brokerage introduced during the term, the compensation in Section 5 still applies.”
That second sentence is the protection period, sometimes called a carryover. NAR lists it as optional, not required (NAR). Keep it short, and make sure it only covers homes the agent actually showed you.
8. Disputes. “Disputes under this agreement will go to [mediation / arbitration] in [county].”
Also optional. Mediation first is the usual choice.
9. Signatures. Signed by the buyer(s) and by the agent on behalf of the brokerage. Electronic signatures are standard.
What to negotiate before you sign
- The fee. It’s negotiable by rule, so ask. A flat fee can make sense on higher-priced Hawaii homes, where a percentage adds up fast.
- The term. Ask for 60 to 90 days on a first agreement. You can always extend it.
- The scope. Name the island and property type. Off-island buyers shopping two islands may want a different agent for each.
- The exit. Look for a short notice period and a protection period that only covers homes you were actually shown.
Common questions
Do I need to sign just to look at listings online or visit an open house? No. The rule is about touring homes with an agent, in person or by live video.
Can I sign for just one property? Many agents will do a single-property agreement. It’s a fair ask if you’ve already found the place.
What if the seller won’t pay my agent? Then the fee in your agreement comes from you, or you negotiate it into the offer, for example as a seller credit. Talk this through with your agent before writing the offer.
I’m buying from the mainland. Can I sign electronically? Yes. Most Hawaii brokerages send the agreement for e-signature, and the whole thing can be done remotely.
Ready to start?
You can start a buyer representation agreement online. Tell us what you’re looking for and the terms you want, and we’ll send the agreement for e-signature. Start your buyer agreement here, or call or text 808-866-6593.
This article is general information, not legal advice. The sample above is for illustration only and is not a contract. Rules change, so confirm current requirements with your agent or a Hawaii attorney before signing anything.