Montana Buyer-Broker Agreement Requirements
What buyers and agents in Montana need to know before the first showing — the written-agreement rule, negotiable compensation, and the Montana Association of REALTORS® form.
Last updated 2026-05-21
The short answer
In Montana, a buyer working with an agent must sign a written buyer-broker agreement before that agent tours a home with them. This took effect nationwide on 2024-08-17 as part of the NAR settlement. The agreement must state how the agent is paid, and that compensation is always negotiable — never set by law or by the MLS. The term length and termination terms are negotiable too.
What changed on 2024-08-17
The National Association of REALTORS® settlement introduced two practice changes that apply to Montana and every other state:
- ●Written agreement before touring. An MLS-participant agent must have a signed written agreement with a buyer before touring a home together — whether the tour is in person or live virtual.
- ●No commission on the MLS. Offers of buyer-agent compensation can no longer be advertised on the multiple listing service. Compensation is now negotiated directly and captured in the buyer agreement and the purchase contract.
What a Montana buyer agreement must include
A specific, conspicuous amount of compensation
A defined rate, flat fee, or hourly amount — not an open-ended "whatever the seller offers." It must be objectively ascertainable and cannot be left blank.
A statement that compensation is negotiable
The form must make clear that broker fees are not set by law and are fully negotiable between you and your agent.
A prohibition on the agent earning more than agreed
Your agent cannot receive compensation that exceeds the amount you agreed to in the buyer agreement, even if the seller offers more.
Term and termination
How long the agreement runs and how either party can end it. Look for any "protection period" that survives termination.
How the buyer agent gets paid now
Compensation is negotiated on every deal and can come from several sources, alone or in combination:
- ●The seller, as an offer of compensation made off-MLS.
- ●A seller concession negotiated into the purchase contract.
- ●The buyer directly, per the buyer agreement.
- ●Any blend of the above.
Estimating the seller side of this? Our seller net sheet calculator and commission calculator model how concessions and splits affect the numbers.
Montana-specific resources
- State regulator
- Montana Board of Realty Regulation — the authority for licensing rules and complaints.
- REALTOR association
- Montana Association of REALTORS® — publishes the standard buyer-agreement form most Montana agents use.
Ask your agent which form they use and confirm the compensation, term, and termination fields are filled in before you sign.
Montana buyer-agreement FAQ
Do I need a written buyer agreement to tour a home in Montana?+
Yes. As of 2024-08-17, the NAR settlement requires buyers working with an MLS-participant agent to sign a written buyer-broker agreement before that agent tours a home with them — and Montana is covered like every other state. The one common exception is an open house or a tour you attend without representation. Once you ask an agent to work on your behalf, the written agreement must be in place first.
Is the buyer-agent commission negotiable in Montana?+
Always. The settlement explicitly requires that the compensation in a buyer agreement is negotiable and never set by law, by the MLS, or by any association. In Montana you and your agent decide the rate or flat fee, how it's calculated, and who pays it. There is no standard or required percentage.
How long does a buyer agreement last?+
That is negotiable too. It can cover a single property, a single day of showings, a 30- or 90-day search, or longer. If you are not ready to commit, ask for a short term or a single-property agreement first. Read the term, the termination clause, and any "protection period" before signing.
Who pays the buyer agent now?+
Compensation can be paid by the seller, built into the offer as a seller concession, paid by the buyer directly, or some combination — it's negotiated deal by deal. The key change from the settlement is that buyer-agent compensation is no longer advertised on the MLS, so it has to be addressed in your written agreement and then negotiated into each transaction.
Where do I find the approved buyer-agreement form for Montana?+
Most Montana agents use a standard form published by the Montana Association of REALTORS® or their brokerage, consistent with rules from the Montana Board of Realty Regulation. Ask your agent which form they use, and confirm the compensation, term, and termination terms are filled in before you sign. For licensing or complaint questions, the Montana Board of Realty Regulation is the authority.
Can virtual staging disclosure affect my buyer agreement?+
They are separate obligations, but both fall under the same duty of honesty your agent owes you. Your buyer agreement governs representation and compensation; AI-altered listing photos are governed by disclosure rules. See our Montana virtual staging compliance page for how AI-edited images must be disclosed in your market.
Listing a Montana property with AI-staged photos? See your Montana virtual staging disclosure rules and the full state-by-state compliance directory.
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Try SofaBrain — FreeDisclaimer. This page summarizes the NAR settlement buyer-agreement practice changes and Montana regulatory context as of 2026-05-21. It is not legal advice and does not create an attorney-client relationship. Forms and local customs change — confirm the current approved form with your brokerage, the Montana Association of REALTORS®, or the Montana Board of Realty Regulation, and consult an attorney licensed in Montana for specific questions.