Do You Have to Sign a Buyer’s Agency Agreement in Indiana?

Do You Have to Sign a Buyer’s Agency Agreement Before Touring a Home in Indiana?

Yes. Since July 1, 2024, Indiana law (House Enrolled Act 1068) has required buyers to sign a written buyer’s agency agreement before an agent can show them a home in a private showing or negotiate on their behalf. The one exception is open houses — you can walk through those without signing anything. The agreement spells out how your agent gets paid, includes an expiration date, and confirms that commission is fully negotiable, not set by the seller or the MLS.

By Jeanette & Doug, The Hammel Team | July 20, 2026

You found a house on Zillow. You call an agent, ready to see it this weekend. And before you’ve even walked through the front door, you’re handed a form to sign.

If that caught you off guard, you’re not alone. This is one of the most common questions we get from buyers touring homes in Brownsburg, Avon, and Plainfield right now — and it’s been a source of confusion since the law took effect two years ago. Here’s what’s actually going on, and what you’re agreeing to when you sign.

Why Indiana Requires This Now

Indiana passed House Enrolled Act 1068 in the spring of 2024, and it took effect July 1 that year. The law requires every licensed real estate broker in Indiana — REALTOR® or not — to have a written buyer’s agency agreement in place before showing a buyer a home privately or negotiating on their behalf.

A few things worth knowing about the timing and the reasoning:

• It came before the national rule. Indiana’s law took effect about six weeks ahead of the national NAR settlement changes (August 17, 2024). Hoosier buyers were navigating this before it became standard everywhere else.
• It’s about transparency, not upselling. The law exists so buyers know upfront who’s representing them, what that representation costs, and that the commission isn’t a fixed number set by the seller or the MLS.
• It applies to every brokerage. This isn’t a policy some agents follow and others skip. If a licensed Indiana broker is going to show you a home privately or write an offer on your behalf, the agreement has to be in place first.

The One Exception: Open Houses

You do not need to sign anything to walk through an open house. Open houses are marketed to the public and hosted by the listing agent, so they’re exempt from the requirement. You can walk through, ask questions, and take your time — no signature required.

Where people get tripped up is the private showing. If you call an agent and ask them to unlock a door and walk you through a specific house on your schedule, that’s a private showing, and Indiana law requires the agreement first.

What’s Actually in the Agreement

The document itself is shorter and more straightforward than most buyers expect. By law, it has to include:

• An expiration date. The agreement isn’t forever. It covers a defined period — often 30, 60, or 90 days — not an open-ended commitment.
• How your agent gets paid. This is spelled out in a specific, non-open-ended way, so you know the number (or the structure) going in.
• A disclaimer that commission is negotiable. By law, the agreement has to state clearly that broker compensation is not set by law and is fully negotiable between you and your agent.

In most Hendricks County transactions, the seller still covers the buyer’s agent commission through a negotiated concession written into the offer. But because the agreement is between you and your agent, you’re contractually responsible for that fee if the seller declines to cover it — which is exactly why the negotiable-commission disclosure matters. It’s worth having that conversation with your agent before you sign, not after you’re under contract.

If you’re not ready to commit to one agent for 60 or 90 days, you can ask about a shorter, single-showing or single-property version of the agreement. Some brokerages offer this as a lower-commitment first step, and it’s a completely reasonable thing to ask for if you’re still deciding who you want to work with.

What This Means for You as a Hendricks County Buyer

If you’re planning to tour homes in Brownsburg, Avon, Plainfield, or Danville this summer, here’s the practical version of all of this:

1. You can browse without commitment. Open houses, online listings, and general conversations with an agent don’t require a signature.
2. The moment you want a private showing, expect the paperwork. This isn’t a red flag or a sign of a pushy agent — it’s the law, and every licensed broker in Indiana is bound by it.
3. Read the compensation section carefully. Ask your agent to walk you through exactly what happens if the seller’s offer doesn’t cover the full commission amount.
4. It’s negotiable. The length of the agreement, the exclusivity, and the commission structure are all things you can discuss before you sign — this isn’t a take-it-or-leave-it form.

We walk every buyer through this before their first showing, not after they’ve already asked a question mid-tour. If you’ve got student loan payments to factor in or you’re stacking this against saving for a down payment, that’s exactly the kind of thing worth sorting out with your agent up front — it’s the same conversation we cover when we’re helping first-time buyers work through credit, timing, and money questions before they start touring.

And if you’re leaning toward new construction instead of resale, the representation question gets even more important — a builder’s on-site rep works for the builder, not for you. We’ve written about why you need your own agent when buying new construction in Brownsburg, and the agency agreement is the document that formalizes that relationship before you ever walk into a model home.

If down payment is the piece holding you back from signing anything, it’s worth knowing Indiana has real assistance available right now — we broke down the current programs in our post on first-time home buyer down payment assistance in Indiana.

The Bottom Line

Indiana requires a signed buyer’s agency agreement before an agent shows you a home privately — it’s been the law since July 2024, and it exists to make sure you know who’s representing you and what that representation costs before you’re deep into a transaction. Open houses are the one exception. Everything else — the length of the agreement, the commission, whether it’s exclusive — is a conversation, not a formality.

Every buyer’s situation is a little different, and the best time to ask questions about this agreement is before your first showing, not in the driveway. If you’re planning to start touring homes in Hendricks County, reach out to Jeanette or Doug — we’re always happy to walk you through exactly what you’re signing and why, no obligation attached. And if you’re not sure where to start, we’ve also put together a buyer’s guide that covers this and every other step of the process.

Frequently Asked Questions

Can I look at homes in Indiana without signing anything?

Yes. You can attend open houses and browse listings online without signing a buyer’s agency agreement. The agreement is only required once you ask an agent to show you a home in a private, one-on-one showing or to negotiate on your behalf.

What happens if I don’t sign a buyer’s agency agreement in Indiana?

You can still buy a home on your own, but a licensed Indiana broker cannot show you homes privately or negotiate for you without a signed agreement in place. If you want an agent’s help touring homes and writing offers, the agreement is a required first step.

Is the commission in a buyer’s agency agreement negotiable?

Yes. Indiana law requires the agreement to state that broker compensation is fully negotiable and not set by law. The exact amount and structure are a conversation between you and your agent before you sign.

How long does a buyer’s agency agreement last in Indiana?

The agreement must include an expiration date, but the exact length is negotiable — commonly 30, 60, or 90 days. If you’re not ready to commit to a longer term, you can ask your agent about a shorter, single-property option.

Do I have to pay my buyer’s agent out of pocket in Indiana?

Not usually. In most Hendricks County transactions, the seller covers the buyer’s agent commission through a negotiated concession in the offer. But because the agreement is technically between you and your agent, you’re contractually responsible for that fee if the seller declines to cover it — which is worth discussing with your agent before you sign.

---

About Jeanette & Doug, The Hammel Team

Jeanette & Doug are residential real estate agents with Carpenter Realtors, serving Brownsburg and Hendricks County, Indiana. Together, they help buyers and sellers navigate every step of the process — from pricing a home right to negotiating the deal that gets it sold. Reach out to Jeanette or Doug for straightforward, local market expertise you can trust.

---

Schema Markup

{

  “@context”: “https://schema.org”,

  “@graph”: [

    {

      “@type”: “Article”,

      “headline”: “Do You Have to Sign a Buyer’s Agency Agreement in Indiana?”,

      “description”: “Indiana law requires buyers to sign a written agency agreement before touring homes with an agent. Here’s what it means and what you’re agreeing to.”,

      “author”: {

        “@type”: “Person”,

        “name”: “Jeanette & Doug, The Hammel Team”

      },

      “datePublished”: “2026-07-20”,

      “publisher”: {

        “@type”: “Organization”,

        “name”: “The Hammel Team, Carpenter Realtors”

      }

    },

    {

      “@type”: “FAQPage”,

      “mainEntity”: [

        {

          “@type”: “Question”,

          “name”: “Can I look at homes in Indiana without signing anything?”,

          “acceptedAnswer”: {

            “@type”: “Answer”,

            “text”: “Yes. You can attend open houses and browse listings online without signing a buyer’s agency agreement. The agreement is only required once you ask an agent to show you a home in a private, one-on-one showing or to negotiate on your behalf.”

          }

        },

        {

          “@type”: “Question”,

          “name”: “What happens if I don’t sign a buyer’s agency agreement in Indiana?”,

          “acceptedAnswer”: {

            “@type”: “Answer”,

            “text”: “You can still buy a home on your own, but a licensed Indiana broker cannot show you homes privately or negotiate for you without a signed agreement in place. If you want an agent’s help touring homes and writing offers, the agreement is a required first step.”

          }

        },

        {

          “@type”: “Question”,

          “name”: “Is the commission in a buyer’s agency agreement negotiable?”,

          “acceptedAnswer”: {

            “@type”: “Answer”,

            “text”: “Yes. Indiana law requires the agreement to state that broker compensation is fully negotiable and not set by law. The exact amount and structure are a conversation between you and your agent before you sign.”

          }

        },

        {

          “@type”: “Question”,

          “name”: “How long does a buyer’s agency agreement last in Indiana?”,

          “acceptedAnswer”: {

            “@type”: “Answer”,

            “text”: “The agreement must include an expiration date, but the exact length is negotiable — commonly 30, 60, or 90 days. If you’re not ready to commit to a longer term, you can ask your agent about a shorter, single-property option.”

          }

        },

        {

          “@type”: “Question”,

          “name”: “Do I have to pay my buyer’s agent out of pocket in Indiana?”,

          “acceptedAnswer”: {

            “@type”: “Answer”,

            “text”: “Not usually. In most Hendricks County transactions, the seller covers the buyer’s agent commission through a negotiated concession in the offer. But because the agreement is technically between you and your agent, you’re contractually responsible for that fee if the seller declines to cover it.”

          }

        }

      ]

    }

  ]

}