The NAR baseline — every MLS participant, all states
| Rule | Requirement | Source |
|---|---|---|
| Written agreement before touring | MLS participants working with a buyer must enter a written agreement before touring a home, in person or live virtual. Not required for leasing or commercial transactions under the policy. | NAR MLS Policy Statement 8.13 (eff. 2024-08-17) — NAR Settlement FAQ §58–60; verified 2026-09-25 |
| Required content | (a) specific, conspicuous disclosure of the amount or rate of compensation from any source, or how it will be determined; (b) compensation objectively ascertainable, not open-ended; (c) a term prohibiting compensation from any source above the agreed amount or rate; (d) a conspicuous statement that broker fees and commissions are not set by law and are fully negotiable. | Same sources; verified 2026-09-25 |
| Enforcement | MLSs enforce the rule and can audit the signed agreement — for example, Miami MLS requires production within 2 business days on request. | Miami MLS Rules 15.12.3; verified 2026-09-25 |
State statutes — verified rows
| State | Trigger point | Required content (verified) | Term limit | Source |
|---|---|---|---|---|
| California AB 2992, eff. 2025-01-01 |
Agreement executed as soon as practicable, no later than the execution of the buyer's offer (Civ. Code §1670.50(a)). |
|
Maximum 90 days; longer agreements void and unenforceable and a licensing violation (§1670.50(d)); written signed renewals also ≤ 90 days; exception for corporate/LLC/partnership buyers. Applies to all licensees and all real property sales. | CA DRE, AB 2992 rulemaking notice; Tyler Law analysis; Flare Built (AB 1521 correction, eff. 2026-01-01); verified 2026-09-25 |
| Texas SB 1968, eff. 2026-01-01 |
Before showing residential real property to the buyer, or before presenting an offer if no property is shown (Occ. Code §1101.563). Applies to every license holder, Realtor or not. |
|
Representation agreement: no statutory cap. Showing-only agreement without representation: non-exclusive, maximum 14 days (§1101.562). Buyer who refuses to sign cannot be shown the property. | Pass Texas, SB 1968 explainer; Ardelia, IABS 1-2 update; verified 2026-09-25. Statutory wording of the negotiability statement not verified verbatim — paraphrase only. |
| Oregon HB 4058, eff. 2025-01-01 |
A written representation agreement is required whenever the licensee represents a buyer. |
|
Maximum 24 months without active renewal by the licensee and the buyer. | Oregon REALTORS, HB 4058 summary; verified 2026-09-25 |
| Washington SB 5191, eff. 2024-01-01 |
Before, or as soon as reasonably practical after, the broker commences rendering brokerage services to the buyer (RCW 18.86.020). |
|
Minimum 60 days when the broker represents a buyer; a shorter term is not permitted. | Stokes Lawrence, RCW 18.86 revisions; verified 2026-09-25 |
Frequently asked questions
Which states require a buyer broker agreement by statute?
Four states are verified here: California (Civ. Code §1670.50, effective 2025 — agreement no later than the buyer's offer, 90-day maximum), Texas (Occ. Code §1101.563, effective 2026 — before showing residential property), Oregon (HB 4058, effective 2025 — written agreement whenever a licensee represents a buyer) and Washington (RCW 18.86.020, effective 2024 — before or as soon as reasonably practical after services begin). Eighteen states had some written-agreement requirement before the NAR settlement; their content is not verified in this table and is marked accordingly.
What is the NAR buyer broker agreement rule?
Since August 17, 2024, MLS participants working with a buyer must have a written agreement before touring a home, in person or by live virtual tour (NAR MLS Policy Statement 8.13). The agreement must disclose the compensation amount or rate from any source or how it is determined, state it in an objectively ascertainable way, cap what the participant may receive from any source, and conspicuously state that commissions are not set by law and are fully negotiable. MLSs enforce the rule, and the signed agreement can be audited.
What is the maximum length of a buyer broker agreement?
It depends on the state. California caps buyer-broker representation agreements at 90 days — longer agreements are void and unenforceable, and written renewals are also capped at 90 days (Civ. Code §1670.50(d)), except with corporate, LLC or partnership buyers. Oregon caps representation agreements at 24 months without active renewal (HB 4058). Washington sets a 60-day minimum term for buyer agreements (RCW 18.86.020). Texas caps only showing-only, no-representation agreements at 14 days (Occ. Code §1101.562).
Where do state association forms fit in?
Association forms such as the C.A.R. BRBC or TAR forms are copyrighted member benefits: they are kept current, but access runs through association membership costing several hundred dollars a year in dues. In California, zipForm access for a non-member costs $1,499 a year. Texas is the exception for promulgated forms: TREC forms are free to every license holder, while the additional Texas REALTORS forms remain members-only. This table cites the statutes, which are public.
Why are most states marked not verified in this table?
Because this table only publishes what was read at the source. The four state rows were verified on September 25, 2026 against the statute texts and official regulator materials. The remaining states either rely on the NAR MLS rule alone or have their own statutes whose exact content has not been read here — publishing their details without verification would risk inventing requirements, and a wrong clause can void an agreement or expose a license.
A free generator builds the agreement for the four verified states: Buyer Broker Agreement Template.