Answer Since Aug. 17, 2024, a Realtor who is an MLS participant working with a buyer must have a signed written agreement before touring any home with them, in person or by live video, and that agreement must spell out exactly what the agent will be paid, from any source, and state that commissions are fully negotiable. Offers of compensation to buyer's agents can no longer be made through the MLS, though sellers can still agree to pay them off-MLS. The rules came from NAR's 2024 class-action settlement, which a federal appeals court affirmed on Aug. 19, 2026 and declined to rehear on Sept. 24, 2026. They remain in effect as of early November 2026.
At a glance
| Question | Short answer | Source |
|---|---|---|
| When did this start? | Aug. 17, 2024 | NAR |
| Who must sign? | A buyer working with an MLS participant, before touring | NAR, Written Buyer Agreements 101 |
| Does an open house count? | No, if you visit on your own | NAR Consumer Guide |
| What must the agreement say? | The agent's compensation (fixed, not open-ended), a cap on pay from any source, and that commissions are negotiable | NAR (settlement ¶58(vi)) |
| Can the seller still pay my agent? | Yes, if negotiated; offers just can't be made on the MLS | NAR Consumer Guide; DOJ |
| Is the settlement final? | Approved Nov. 2024 (final judgment Jan. 15, 2025); affirmed Aug. 19, 2026; rehearing denied Sept. 24, 2026 | 8th Cir. |
| Florida | Agents are presumed transaction brokers unless a single-agent relationship is set in writing; dual agency is prohibited | Fla. Stat. §475.278 |
What changed in August 2024
NAR's settlement of the commission lawsuits led to two big practice changes that took effect Aug. 17, 2024: 1. No compensation offers on the MLS. Listings on Realtor MLSs can't include offers of compensation to buyer's agents. The Eighth Circuit's summary: sellers "will no longer be obligated to offer compensation to buyer brokers in MLS listings," and any offers "will need to be disclosed to and approved by sellers in advance." 2. Written agreements before touring. NAR: an MLS participant "working with" a buyer must enter into a written agreement with the buyer "prior to touring a home, including both in-person and live virtual tours."
The court also noted two other commitments: buyer's agents can't steer clients to listings based on commission level, and brokers "must tell clients that commissions are negotiable."
What a written buyer agreement must say
Under NAR's guidance, the agreement must: - state the agent's compensation, as an amount or rate or how it will be determined, and disclose it conspicuously; - make it objectively ascertainable and not open-ended. "Whatever amount the seller is offering" doesn't qualify. NAR's consumer guide says it can't be "open-ended or a range"; - say the agent can't receive more from any source than the agreed amount or rate; - state conspicuously that commissions are not set by law and are fully negotiable; - include anything else your state requires.
What NAR doesn't dictate: the kind of relationship, the length of the agreement (it can cover one day or one house), the services, or the form of pay. NAR lists $0, a flat fee, a percentage or an hourly rate as options. Termination terms, retainers and dispute resolution are optional and negotiable.
When you don't need one: NAR's consumer guide says you don't need to sign anything for "simply visiting an open house on your own or asking a real estate professional about their services."
Who pays the buyer's agent now?
It's negotiable. NAR's consumer guide says buyers "can still request, negotiate for, and receive compensation for your real estate professional from the seller or their agent." In its 2024 statement, DOJ noted the settlement "expressly allows offers of compensation to continue and for them to be posted publicly; it simply prohibits making these offers on an MLS."
In practice, a buyer may ask the seller to pay some or all of their agent's fee as part of an offer. The seller can agree, counter or decline. Whatever the source, your agent can't be paid more than your agreement allows.
Where the case stands in 2026
- November 2024: after a Nov. 26 fairness hearing in *Burnett* (W.D. Mo.), the district court entered its final approval order the next day; final judgment followed on Jan. 15, 2025, per the Eighth Circuit's opinion.
- Aug. 19, 2026: the U.S. Court of Appeals for the Eighth Circuit affirmed approval of the NAR and HomeServices settlements (*Burnett v. Spring Way Center, LLC*, No. 24-3444). The court records NAR's payment as $418 million.
- Sept. 24, 2026: the court denied rehearing by the panel and by the full court.
As of early November 2026, the practice changes remain in force. We'll update this page if there's further review.
DOJ's concern about the touring rule
In a Nov. 24, 2024 Statement of Interest, the Justice Department took "no position" on approving the settlement apart from one point. It said the requirement to sign a written agreement before touring "raises independent concerns under the antitrust laws." It asked that court approval not be read as granting antitrust immunity. The requirement stayed in NAR's rules, but DOJ's statement is a reason it remains closely watched.
Florida: brokerage relationships under §475.278
Florida law layers its own rules on top of NAR's: - Two relationships. A Florida licensee may act as a transaction broker or a single agent, and may not act as a dual agent. - Default is transaction broker. Licensees are presumed to be transaction brokers unless a single-agent or no-brokerage relationship is established in writing. - Timing. For a single-agent relationship, the required disclosure must be given before or at the time of a listing or representation agreement, "or before the showing of property, whichever occurs first." - Scope. These disclosure rules apply to residential sales of four units or fewer. Exemptions include a bona fide open house.
For Florida buyers, then, the NAR agreement sits alongside a Florida-defined relationship. Read both, and ask your agent which role they're playing. For new-construction purchases, remember that a developer's in-house sales team works for the developer.
Other states have their own agency and disclosure laws. NAR notes that "many states have required" written buyer agreements "for years." Ask your agent what your state adds.
What luxury buyers should ask before signing
- What exactly is your compensation, and is it a flat fee, a percentage or hourly?
- Will you ask the seller to pay any of it, and what happens if they don't?
- How long does the agreement last, and does it cover one property, an area or a property type?
- How can either of us end it, and is there a "tail" period after it ends?
- In Florida: are you a transaction broker or a single agent for me?
- For off-market or delayed-marketing homes: how will you find them? See What Is a Pocket Listing?.
What luxury sellers should know
- You're not required to offer compensation to buyer's agents, and offers can't go on the MLS.
- If you choose to pay, the Eighth Circuit's summary says such offers must be disclosed to and approved by you in advance.
- Under NAR's Multiple Listing Options for Sellers policy (effective March 25, 2025), you can choose a delayed marketing or office exclusive listing with a signed disclosure. Clear Cooperation still requires MLS filing within one business day of public marketing. See What Are the Risks of Off-Market Selling?.
Featured agents: Haute Real Estate Network members include Melissa Barragan, Vice President of Dezer Platinum Realty in Sunny Isles Beach, Florida, known for pre-construction in-house development sales at towers including Porsche Design Tower, Residences by Armani/Casa and Bentley Residences, and Monica Antola, a California Broker Associate who founded and leads the Antola Coastal Group, affiliated with Compass, serving Coastal Los Angeles and the Westside from Malibu and Pacific Palisades to Santa Monica and Marina del Rey. Browse Find a Realtor. *Featured agents are paid members of the Haute Real Estate Network. Editorial selection, not a ranking.*
Related - How Do Luxury Real Estate Commissions Work? - What Is the Commission on a Luxury Home Sale? - What Is Buyer's Representation? - What Is Dual Agency? - How Do I See Off-Market Luxury Listings?
- National Association of REALTORS®, Written Buyer Agreements 101 (fetched Nov. 3, 2026)
- National Association of REALTORS®, Consumer Guide to Written Buyer Agreements (fetched Nov. 3, 2026)
- National Association of REALTORS®, Multiple Listing Options for Sellers (fetched Nov. 3, 2026)
- U.S. Court of Appeals for the Eighth Circuit, *Burnett v. Spring Way Center, LLC*, No. 24-3444 (Aug. 19, 2026), GovInfo record (fetched Nov. 3, 2026)
- Eighth Circuit, order denying rehearing (Sept. 24, 2026), PDF (fetched Nov. 3, 2026)
- U.S. Department of Justice, Statement of Interest, *Burnett v. NAR* (Nov. 24, 2024; fetched Nov. 3, 2026)
- Florida Statutes §475.278, Authorized brokerage relationships (fetched Nov. 3, 2026)
This guide is general information, not legal advice. Real estate rules vary by state and brokerage; read your agreement and ask a real estate attorney if you have questions.