Buyer agency agreements are instruments used by the real estate industry in the state of Virginia in order to 
legally represent a buyer. As with listing agreements, there are also three basic forms of buyer agency agreements. These forms, which mirror the forms of listing agreements in type and meaning are, (1) open right to represent buyer, (2) exclusive agency right to represent buyer and (3) exclusive right to represent buyer.
Although a written contract of employment may be preferred in some states it is not necessary in all states. In the state of Virginia it is preferred but not necessary.
In Virginia an oral agreement is binding. All that is technically necessary is that the client express willingness to be represented in a transaction by the broker/agent and that the broker/agent express willingness to carry out the clients directions.
The relationship that is created when one party gives another reason to believe that the broker is his or her agent is known as ostensible agency (it appears on the surface to exist).
So if another agent has been showing a buyer properties and there is either a written agreement or an implied agreement than it is best for the buyer to contact that agent to show any properties which the buyer may be interested in, otherwise the buyer may not be represented in the transaction.
Payment of a commission by one party does not create an agency relationship. Agency relationships are created by contract, regardless of who might be obligated to pay a commission or by the actions of the party.
Keep in mind an agency relationship may be terminated by the actions of either parties. These could include but not be limited to:
- Death of either party
- Incapacity of either party
- Abandonment by the agent
- Revocation by the client
- Cancellation by the agent
- Mutual agreement by the parties
So if another agent has been showing you properties and their is either an implied agreement of agency or a written contract and these things are still in place, in order to protect your best interests it is best that you contact that agent to discuss the details of any property you may be interested in.
I hope this clears up the questions you may have about agency and representation. I always welcome your comments and suggestions.
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Good points, It's a little different in each state I think, but enlightening for people in Virginia!