Do I have to sign a buyer's agent agreement in Texas?
Short answer
If your agent participates in an MLS, NAR's practice rules, in effect since August 17, 2024, require a written agreement with you before you tour a home. The agreement must state compensation that is specific and not open-ended. Compensation is not set by law: it is fully negotiable.
Sources last reviewed September 19, 2026. General information, not legal advice.
What changed on August 17, 2024
As part of the NAR settlement, NAR changed its practice rules for MLS participants. Agents who are working with a buyer must have a written agreement with that buyer before the buyer tours a home. The rule took effect August 17, 2024.
The same changes stopped MLSs from publishing offers of compensation. Before, a listing on the MLS could show what the seller's side was offering to a buyer's agent. It no longer can.
What the agreement has to say about compensation
NAR's guidance is that the agreement must state the agent's compensation in a way that is objectively ascertainable, meaning you can work out the amount from what is written. Open-ended wording, such as "whatever the seller offers," does not meet that standard.
Compensation is not set by law and is fully negotiable. That is NAR's own wording, and it applies to what you agree to with your agent, not just to what a seller may offer.
Whose rule is this?
The written-agreement requirement is a practice rule for MLS participants. It comes out of the NAR settlement, so it is worth asking any agent you are thinking of working with whether they participate in an MLS and how they are handling the requirement.
Questions worth asking before you sign
These are general questions to bring to any agent. They are not legal advice.
- How exactly is your compensation stated, and when is it owed?
- What services am I getting for it?
- How long does this agreement last, and how can it end?
- Can I read the whole agreement before I tour anything?
Where AltPROP fits
AltPROP is a technology platform. It does not draft, provide or endorse buyer agreements. Any agreement is between you and the licensed agent you choose.
Frequently asked questions
- Can I negotiate what my agent is paid?
- Yes. NAR states that compensation is not set by law and is fully negotiable.
- Can a seller's offer of compensation still appear on the MLS?
- No. Following the settlement, MLSs cannot publish offers of compensation.
- When did the written-agreement requirement start?
- August 17, 2024, under NAR practice changes for MLS participants working with buyers who tour a home.
Sources
- NAR: Settlement FAQsWritten agreement before touring (effective August 17, 2024); compensation not set by law and fully negotiable; MLSs may not publish offers of compensation; agreement compensation must be objectively ascertainable and not open-ended.
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AltPROP is a technology platform and does not provide legal, tax or brokerage advice. Confirm details with a licensed Texas real estate professional, attorney or tax advisor.