NAR Settlement: Why Buyers May Sign Before Touring a Home in 2026

🔎 Nar settlement rules in 2026

Nar settlement practice changes mean that an NAR-affiliated MLS Participant working with a buyer generally must have a written agreement before touring a home. The agreement must state compensation objectively and explain that broker fees are negotiable, not set by law. Offers of buyer-broker compensation cannot appear in the MLS, although compensation may still be negotiated outside the MLS.

The NAR Handbook’s 2026 Policy Statement 8.13 applies unless inconsistent with state or federal law or regulation. This is not a new federal statute governing every real estate licensee in exactly the same way. Confirm the agent’s MLS status, state requirements, and brokerage form.

✅ Three buyer changes to review

1. What must be signed before a tour?

When an MLS Participant is working with a buyer, the written agreement must be in place before an in-person or live virtual home tour. NAR’s consumer guidance says a buyer does not need one merely to speak with the listing agent at an open house or ask an agent about services. Review NAR’s homebuyer explanation before assuming every doorway triggers the same requirement.

The agreement does not necessarily have to be long-term or exclusive. State law and negotiation may allow a limited term, one property, a defined area, or a particular service package. Ask for the start and end dates, exclusivity, territory, services, cancellation method, and any protection period.

2. How specific must compensation be?

Policy Statement 8.13 requires a conspicuous amount, rate, or objectively ascertainable method. Open-ended wording such as whatever the seller offers is not enough. The agreement must prohibit the Participant from receiving more for brokerage services than the buyer agreed to and must state conspicuously that commissions are fully negotiable and not set by law.

3. Did buyer-agent compensation disappear?

No. 2026 Policy Statement 8.11 bars compensation offers in the MLS and bars an MLS from facilitating a separate compensation platform. A seller or listing broker may still discuss compensation outside the MLS, and buyers may negotiate seller concessions. The buyer should document who pays, how much, and what happens if an outside offer is less than the agreed fee.

📌 Buyer agreement review table

Nar settlement FAQ

Nar settlement conclusion for buyers

Nar settlement rules are designed to move the conversation about services, duration, and compensation ahead of the tour. The practical task is not merely signing a form. It is choosing the scope, comparing fees, understanding cancellation, and documenting any seller-paid amount. Policy Statement 8.12 reinforces disclosure that compensation is negotiable.