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A car buyer broker agreement sets out the terms on which a broker searches for and, where possible, negotiates the purchase of a vehicle on behalf of a buyer. It covers the broker's scope of services, the fee structure (fixed fee, commission on purchase, or a percentage of savings below a target price), the buyer's approval rights before any purchase is committed to, confidentiality, and what happens if the buyer decides not to proceed.

A broker who assists in arranging vehicle finance as part of the service (such as introducing the buyer to a lender or recommending a finance product) is likely to require authorisation from the Financial Conduct Authority as a credit broker under the Financial Services and Markets Act 2000. Operating without authorisation is a criminal offence. Brokers whose services are limited to sourcing and negotiating the vehicle purchase without touching finance are less likely to require authorisation.

Common structures include a fixed retainer payable upfront, a success fee paid only on completion of a purchase, or a percentage of the saving achieved below a target price the buyer has agreed. The agreement should state clearly when the fee is due, whether it is refundable if the buyer chooses not to purchase, and whether the broker receives any commission from the seller or a finance provider, as this is a conflict of interest requiring disclosure.

A broker owes duties of reasonable care and skill under both the Supply of Goods and Services Act 1982 and the common law of agency. They must act in the buyer's best interests, disclose any financial interest in the vehicles they recommend, avoid conflicts of interest, and provide accurate information about vehicles sourced. A broker who recommends a vehicle they have a financial interest in without disclosure may be liable for breach of fiduciary duty.

The agreement should require the broker to obtain the buyer's express written approval before committing to any purchase. The broker should provide the buyer with the vehicle's details, price, history checks, and inspection results. The buyer should then confirm in writing that they wish to proceed. This prevents the broker from binding the buyer to a purchase the buyer has not actually approved.

Consumer rights under the Consumer Rights Act 2015 run against the seller of the vehicle (the trader who owns it), not the broker, unless the broker is themselves the seller. The broker owes the buyer contractual and tortious duties for the quality of their advisory services. If the broker negligently recommended a defective vehicle, the buyer may have a claim against the broker for the loss suffered as a result.

The broker must disclose any financial arrangement they have with a dealership or seller whose vehicles they are recommending, including referral fees, dealer bonuses, or volume discounts. The FCA's Consumer Duty rules and general agency principles require brokers to act in good faith. Undisclosed conflicts can render the broker's fee unenforceable and expose them to a claim for the full amount of any undisclosed profit made at the buyer's expense.

The agreement should specify a reasonable search period and what happens at its expiry. If the broker has failed to find a suitable vehicle through no fault of the buyer, the buyer should be entitled to terminate and recover any refundable portion of their retainer. If a fixed fee was paid in advance and no vehicle was found, the agreement should specify whether the fee is fully refundable or retained as a search fee, to avoid a dispute on termination.