Buyer-Broker Agreement Requirements by State
Since August 17, 2024, buyers working with an MLS-participant agent sign a written agreement before the agent tours a home with them. Pick your state for the requirements, state-law additions, and who regulates it.
Choose your state
- CACalifornia
- TXTexasState law adds rules
- NYNew York
- FLFlorida
- NCNorth Carolina
- WAWashington
- COColorado
- MAMassachusetts
- NJNew Jersey
- WIWisconsin
- ALAlabama
- AKAlaska
- AZArizona
- ARArkansas
- CTConnecticut
- DEDelaware
- DCDistrict of Columbia
- GAGeorgia
- HIHawaii
- IDIdaho
- ILIllinois
- INIndiana
- IAIowa
- KSKansas
- KYKentucky
- LALouisiana
- MEMaine
- MDMaryland
- MIMichigan
- MNMinnesota
- MSMississippi
- MOMissouri
- MTMontana
- NENebraska
- NVNevada
- NHNew Hampshire
- NMNew Mexico
- NDNorth Dakota
- OHOhio
- OKOklahoma
- OROregon
- PAPennsylvania
- RIRhode Island
- SCSouth Carolina
- SDSouth Dakota
- TNTennessee
- UTUtah
- VTVermont
- VAVirginia
- WVWest Virginia
- WYWyoming
What the rule says, everywhere
The NAR settlement’s practice changes apply in all 50 states and DC. An MLS participant working with a buyer needs a signed written agreement before touring a home with that buyer, and offers of buyer-broker compensation can no longer appear on the MLS. Every agreement must include four compensation terms:
The amount or rate of compensation
A specific and conspicuous disclosure of what the agent will be paid, or how that amount will be determined: a percentage, a flat fee or an hourly rate.
An amount that is objectively ascertainable
It must be possible to work out the amount from the agreement. Open-ended terms such as “whatever the seller offers” are not allowed.
No more than the agreed amount
A term that prohibits the agent from receiving more compensation, from any source, than the amount or rate in the agreement.
A statement that fees are negotiable
A conspicuous statement that broker fees and commissions are not set by law and are fully negotiable.
What differs by state is the regulator, the forms agents use, and any state law layered on top. Each state page lists the official regulator and REALTOR® association with links.
Buyer agreement FAQ
Is a written buyer agreement required in every state?
Yes, for buyers working with an agent who is an MLS participant. Since August 17, 2024, NAR’s rules require MLS participants to have a written agreement with a buyer before touring a home with them, in person or by live virtual tour, in every state and DC. Some states add their own requirements on top.
What must a buyer agreement include?
Four compensation terms: the amount or rate the agent will be paid (or how it will be determined), stated so it is objectively ascertainable rather than open-ended; a ban on the agent receiving more than that from any source; and a conspicuous statement that broker fees are not set by law and are fully negotiable.
Do I need to sign one to go to an open house?
No. Talking to an agent at an open house, or asking an agent about their services, does not require a written agreement. It is needed before an agent tours a home with you.
Can the agreement be short or for one house?
Yes. NAR’s rules leave the term to you and the agent: one home, one day of showings or a longer search. State law can set limits; Texas, for example, caps showing-only agreements at 14 days from January 1, 2026.
Sources
- NAR: What the NAR settlement means for home buyers and sellers
- NAR: Consumer guide to written buyer agreements
- NAR: Settlement FAQs
- NAR: Summary of 2024 MLS changes (PDF)
- Texas SB 1968 (2025), enrolled bill text
Links checked . Laws and MLS rules change; the official text controls.
Information, not legal advice. These pages summarize the NAR settlement practice changes and state context; they do not create an attorney-client relationship. Confirm current forms with your brokerage and consult an attorney licensed in your state for specific questions. Also see the compliance hub.