State-by-State NAR Commission Disclosure Rules (2026 Guide + 50-State Table)

The NAR Settlement created a national floor for commission disclosure: a written buyer agreement before touring, an objective and conspicuous statement of compensation, and no offers of compensation on the MLS. But that floor is exactly where the uniformity ends.

Twenty-seven states had their own buyer-broker agreement statutes on the books before the settlement took effect — and those state laws take priority over NAR's requirements wherever the two overlap. Since then, a second wave of legislation has pushed states in opposite directions. California and New Jersey codified written buyer agreements into state law with requirements stricter than the settlement. Texas followed with its own statute effective January 1, 2026. Meanwhile Alabama and Mississippi passed laws that loosen the tour trigger, letting buyers see homes before signing anything.

The result: an agent's disclosure obligations in Birmingham are materially different from the same agent's obligations across the state line in Atlanta. If you practice in multiple states, hold referral relationships across state lines, or run a team that does, you need to know which regime applies — and you need an audit trail proving you complied with the right one.

This guide breaks down all 50 states (plus D.C.) in one table: what triggers a written agreement, what your compensation disclosure must contain, the governing statute or rule, and how ShowSmartly behaves in that jurisdiction.

Why state rules vary so much

Three layers of rules stack on top of each other in every transaction:

Layer 1: The NAR Settlement (national)

If you're an MLS participant, you must (a) enter a written agreement with a buyer before touring a home — including live virtual tours, (b) state compensation in a specific, objective way (flat fee, percentage, or hourly — never "whatever the seller offers"), (c) never receive more than the agreed amount from any source, and (d) keep offers of compensation off the MLS. These obligations come from the settlement, not statute — they bind through NAR membership and MLS participation agreements.

Layer 2: State license law (varies)

Twenty-seven states regulate buyer-broker agreements directly through statute or administrative rule, covering everything from who may sign, to mandatory term-length limits, to whether the compensation amount must appear in the agreement itself. Sixteen of those states require the agreement to state the amount of compensation or a clear method of calculating it. Two (Alaska and Vermont) prohibit dual agency outright, which changes what must be disclosed when representation overlaps.

Layer 3: Post-settlement statutes (the new wave)

Since August 2024, legislatures have started writing the settlement's concepts into law — sometimes more strictly, sometimes less:

New Jersey moved first. The Real Estate Consumer Protection Enhancement Act (effective August 1, 2024) requires a brokerage services agreement before — or as soon as practical after — brokerage services begin.
California's AB 2992 (effective January 1, 2025) mandates a written buyer-broker representation agreement and caps its duration at 90 days for individual buyers, with no automatic renewal.
Texas SB 1968 (effective January 1, 2026) requires a written agreement before any substantive action — an agent can unlock a door without a signed agreement, but cannot offer advice or opinions on the property.
Alabama's HB 230 (Act 2025-59, effective April 18, 2025) went the other way: buyers only need to sign before submitting an offer, not before touring.
Mississippi SB 2713 (March 2026) made agreements optional for home tours entirely, requiring them only before listing a home or when submitting an offer if the agent will be compensated.

Where state law and the settlement conflict, state law wins — but for NAR members, the settlement still applies wherever state law is silent or less specific. Alabama agents who belong to NAR and use an MLS still face the settlement's written-agreement-before-touring obligation as a matter of MLS policy, even though state law no longer requires it. That tension is exactly why the "which rule applies to me" question has become the most common compliance question of 2026.

How to read the table

Each state falls into one of five regimes: Codified — strict (post-settlement state statute requires written buyer agreements, at or beyond the settlement standard); Codified — relaxed (post-settlement statute that loosens the settlement's tour trigger); Statutory (pre-NAR) (pre-existing buyer-broker agreement statute or rule governs agreements and disclosure); Statutory + comp amount (as above, and the statute explicitly requires the compensation amount or calculation method in the agreement); NAR baseline (no state buyer-broker agreement statute; the settlement terms plus the state's general agency-disclosure law govern).

The ShowSmartly behavior column describes how our compliance engine treats showings and disclosures in that state — see ShowSmartly. In every state, ShowSmartly timestamps each disclosure, stores the exact language sent, and retains it in an exportable audit log.

The 50-state commission disclosure table (2026)

Maintained as a versioned dataset, re-verified quarterly. Last verification: June 2026.

Showing 51 of 51 jurisdictions · Last verified 2026-06

State	Regime	Rules	Citation	ShowSmartly behavior
Alabama	Codified — relaxed	Agreement required before submitting an offer, not before touring (eff. 4/18/2025); RECAD framework otherwise unchanged; NAR baseline still applies to Realtors via MLS policy	HB 230, Act 2025-59; Ala. Code tit. 34, ch. 27 (RECAD)	Tours allowed pre-agreement; flags agreement requirement at offer stage; logs all disclosures
Alaska	Statutory (pre-NAR)	Written personal services agreement; dual agency prohibited; multi-party compensation permitted with consent	AS 08.88.600–.695	Inserts comp disclosure in showing replies; dual-agency conflict alert enabled
Arizona	NAR baseline	Settlement terms govern; commission only enforceable under a written employment agreement stating compensation terms, with definite expiration date and all-party signatures	A.R.S. § 32-2151.02	NAR-baseline template; written-agreement enforceability alert; full audit log
Arkansas	Statutory + comp amount	Agreement must state compensation; multi-party compensation allowed with specific disclosures	AREC Reg. 8 (Ark. Admin. Code 213.00.1-8)	Blocks showing reply until comp terms set; logs disclosure
California	Codified — strict	Written buyer-broker representation agreement required; max 90-day term for individuals, no auto-renewal; compensation must be specified	AB 2992 (2024); Civ. Code §§ 2079.13–2079.24	Enforces agreement-before-tour; 90-day term expiry alert; logs disclosure
Colorado	NAR baseline	Settlement terms govern; Brokerage Disclosure to Buyer before eliciting confidential information; comp in signed Exclusive Right-to-Buy	4 CCR 725-1, Rule 6.5	NAR-baseline template + CO disclosure form reminder; audit log
Connecticut	Statutory + comp amount	Written agreement required; must state compensation amount; agency disclaimer for unrepresented parties	Conn. Gen. Stat. § 20-325a; Regs. § 20-325d-2	Blocks showing reply until comp terms set; logs disclosure
Delaware	NAR baseline	Settlement terms govern; Consumer Information Statement (CIS) disclosure summarizing permitted/prohibited licensee conduct	24 Del. C. § 2938	NAR-baseline template; CIS reminder; audit log
District of Columbia	NAR baseline	Settlement terms govern; written brokerage relationship disclosure	D.C. Code § 42-1703	NAR-baseline template; audit log
Florida	NAR baseline	Settlement terms govern; single agent / transaction broker disclosure regime; no general agreement-before-tour statute	Fla. Stat. § 475.278	NAR-baseline template; transaction-broker language variant; audit log
Georgia	Statutory + comp amount	BRRETA requires written brokerage engagement stating compensation terms; shared-comp disclosure required	O.C.G.A. § 10-6A (BRRETA)	Blocks showing reply until comp terms set; shared-comp disclosure auto-included
Hawaii	Statutory + comp amount	Written agreement stating compensation; multi-party comp allowed with consent; shared-comp disclosure	HRS § 467-1.6	Blocks showing reply until comp terms set; logs disclosure
Idaho	Statutory (pre-NAR)	Buyer representation agreements regulated; payment alone does not create agency; agency relationships description required	Idaho Code § 54-2089; Brokerage Representation Act (§ 54-2082 et seq.)	Inserts comp disclosure + agency description reminder; audit log
Illinois	Statutory + comp amount	Designated agency regime; agreement must state compensation; shared-comp disclosure required	225 ILCS 454/15-75	Blocks showing reply until comp terms set; designated-agency variant
Indiana	Statutory (pre-NAR)	Agency relationships description required; in-house agency permitted, subagency prohibited; shared-comp disclosure	IC 25-34.1-10	Inserts comp disclosure; subagency block enabled; audit log
Iowa	Statutory (pre-NAR)	Written agreement regulated; multi-party comp with consent; shared-comp disclosure; payment ≠ agency notice	Iowa Code § 543B.56; 193E IAC ch. 12	Inserts comp disclosure in showing replies; audit log
Kansas	NAR baseline	Settlement terms govern; BRRETA agency disclosure	K.S.A. 58-30,113	NAR-baseline template; audit log
Kentucky	NAR baseline	Settlement terms govern; KREC agency consent agreement forms (Guide to Agency Relationships, Forms 400/401B)	KRS ch. 324; 201 KAR 11:121	NAR-baseline template; KREC form reminder; audit log
Louisiana	Statutory + comp amount	Agreement must state compensation; multi-party comp permitted; payment ≠ agency notice	La. R.S. 9:3891–3899	Blocks showing reply until comp terms set; logs disclosure
Maine	NAR baseline	Settlement terms govern; brokerage relationships disclosure	32 M.R.S. § 13271 et seq.	NAR-baseline template; audit log
Maryland	Statutory + comp amount	Written agreement stating compensation; relationship disclosure; multi-party comp with consent; intra-company agency rules	Md. Code, Bus. Occ. & Prof. § 17-530	Blocks showing reply until comp terms set; intra-company agency alert
Massachusetts	NAR baseline	Settlement terms govern; mandatory agency disclosure form at first meeting	M.G.L. c. 112; 254 CMR 3.00	NAR-baseline template; first-meeting disclosure reminder
Michigan	NAR baseline	Settlement terms govern; service provision disclosure	MCL 339.2517	NAR-baseline template; audit log
Minnesota	Statutory + comp amount	Written agreement must state compensation and termination terms; override clauses regulated	Minn. Stat. § 82.66	Blocks showing reply until comp terms set; override-clause alert
Mississippi	Codified — relaxed	Agreement optional for tours (SB 2713, 2026); required before listing or at offer if agent is compensated; NAR baseline still applies to Realtors via MLS policy	Miss. SB 2713 (2026)	Tours allowed pre-agreement; flags agreement requirement at offer stage
Missouri	Statutory (pre-NAR)	Written agreement regulated; multi-party comp; shared-comp disclosure; payment ≠ agency notice	Mo. Rev. Stat. §§ 339.710–.860	Inserts comp disclosure in showing replies; audit log
Montana	NAR baseline	Settlement terms govern; relationship disclosure	MCA 37-51-310	NAR-baseline template; audit log
Nebraska	Statutory (pre-NAR)	Written agreement before brokerage activities; multi-party comp with written consent (no third parties); shared-comp disclosure	Neb. Rev. Stat. §§ 76-2422, 76-2424	Blocks showing reply until comp consented; logs disclosure
Nevada	NAR baseline	Settlement terms govern; Duties Owed form	NRS 645.252	NAR-baseline template; Duties Owed reminder
New Hampshire	Statutory + comp amount	Written agreement must state compensation; agency disclosure at first business meeting	RSA 331-A:25-b	Blocks showing reply until comp terms set; logs disclosure
New Jersey	Codified — strict	CPEA (eff. 8/1/2024): brokerage services agreement before or as soon as practical after services begin; comp amount required; shared-comp disclosure	N.J. CPEA; N.J.A.C. 11:5-6.9	Enforces agreement-first workflow; comp + shared-comp disclosure auto-included
New Mexico	NAR baseline	Settlement terms govern; broker duties disclosure	16.61.19 NMAC	NAR-baseline template; audit log
New York	NAR baseline	Settlement terms govern; § 443 agency disclosure form at first substantive contact	N.Y. Real Prop. Law § 443	NAR-baseline template; § 443 form reminder; audit log
North Carolina	Statutory (pre-NAR)	Buyer agency agreements must be written and signed no later than the time an offer is made; any agreement binding the buyer for a term or restricting them to one agent must be written from formation; Working With Real Estate Agents disclosure at first substantial contact	21 NCAC 58A .0104	Inserts comp disclosure; agreement-before-tour reminder (MLS policy for Realtors); WWREA reminder; audit log
North Dakota	Statutory + comp amount	Buyer-broker agreements must be written and state compensation amount; agency disclosure before signing	N.D. Admin. Code 70-02-03-05.1, -15	Blocks showing reply until comp terms set; logs disclosure
Ohio	Statutory + comp amount	Written agreement stating compensation; agency relationships description; multi-party comp permitted	ORC §§ 4735.56–.58	Blocks showing reply until comp terms set; logs disclosure
Oklahoma	NAR baseline	Settlement terms govern; written disclosure of broker duties required before a party signs a purchase contract; dual-services notice when serving both parties	59 O.S. §§ 858-351–363 (§ 858-355.1)	NAR-baseline template; broker-duties disclosure reminder; audit log
Oregon	Statutory (pre-NAR)	Agency relationships regulated; shared-comp disclosure; payment ≠ agency notice	ORS 696.800–.870	Inserts comp + shared-comp disclosure; audit log
Pennsylvania	Statutory + comp amount	Written agreement must state compensation (fee/commission), term, and services; consumer notice required	63 P.S. § 455.606a (RELRA)	Blocks showing reply until comp terms set; consumer notice reminder
Rhode Island	NAR baseline	Settlement terms govern; relationships disclosure	R.I. Gen. Laws ch. 5-20.6	NAR-baseline template; audit log
South Carolina	Statutory (pre-NAR)	Brokerage relationships explanation at first substantive contact; agency disclosure; written agreements regulated	S.C. Code § 40-57-370	Inserts comp disclosure + relationship explanation; audit log
South Dakota	NAR baseline	Settlement terms govern; agency disclosure	SDCL ch. 36-21A	NAR-baseline template; audit log
Tennessee	NAR baseline	Settlement terms govern; verbal disclosure of agency/facilitator status to unrepresented parties before services, confirmed in writing before an offer is prepared, with signed receipt	Tenn. Code § 62-13-405	NAR-baseline template; status-disclosure reminder; audit log
Texas	Codified — strict	SB 1968 (eff. 1/1/2026): written agreement before any substantive action; must state services, term, exclusivity, compensation, and negotiability disclosure; IABS form at first substantive contact	Tex. SB 1968; TRELA § 1101.558	Enforces agreement-before-advice workflow; IABS reminder; negotiability language auto-included
Utah	Statutory (pre-NAR)	Written agreements regulated by rule; dual/limited agency with informed consent	Utah Code ch. 61-2f; Utah Admin. R162-2f	Inserts comp disclosure; limited-agency consent alert
Vermont	Statutory + comp amount	Buyer service agreement must state compensation; dual agency prohibited; shared-comp disclosure	04-030-290 Vt. Code R.	Blocks showing reply until comp terms set; dual-agency conflict block
Virginia	Statutory + comp amount	Written agreement must state compensation; relationship disclosure; confidentiality duties survive termination	Va. Code §§ 54.1-2130–2145	Blocks showing reply until comp terms set; logs disclosure
Washington	Statutory + comp amount	Written services agreement; compensation may be paid by any party or shared between firms with consent; agency law pamphlet required	RCW 18.86.010–.120	Blocks showing reply until comp terms set; agency pamphlet reminder
West Virginia	NAR baseline	Written notice of agency relationship (commission form) before signing any representation or sale contract; representation contracts must carry a definite expiration date	W. Va. Code § 30-40-26	NAR-baseline template; expiration-date alert; audit log
Wisconsin	Statutory (pre-NAR)	Written agreement regulated; relationship disclosure per REEB rules; designated agency permitted	Wis. Stat. § 452.135; REEB 24.07	Inserts comp disclosure; designated-agency variant; audit log
Wyoming	NAR baseline	Brokerage relationship disclosure with signed acknowledgment; no representation agreement is valid until the disclosure is executed	Wyo. Stat. § 33-28-306	NAR-baseline template; disclosure-before-agreement enforcement; audit log

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Five states worth a closer look

California: the 90-day clock

AB 2992 doesn't just require a written agreement — it caps the agreement's life at 90 days for individual buyers and bans automatic renewal. If your buyer's search runs long (and in 2026 inventory, it does), you need a re-signing workflow, and every re-signed agreement is a fresh disclosure event. Teams that don't track expiry dates are quietly working without representation agreements — and without a right to compensation. See the CA DRE consumer alert.

Texas: the "substantive action" line

Under SB 1968, the trigger isn't the tour — it's advice. An agent may open the door, but the moment they offer an opinion on the property, they've taken substantive action and need a signed agreement. In practice, "just looking" showings are now a compliance tightrope, and the safest workflow is agreement-first anyway.

Alabama and Mississippi: relaxed by statute, not in practice

Both states now permit touring without a signed agreement. But a Realtor using an MLS is still bound by the settlement's agreement-before-tour rule as a matter of membership and MLS policy. The state law mostly protects non-NAR licensees — and creates a documentation trap for everyone else who assumes "state law says I don't have to."

New Jersey: services trigger, not tour trigger

The CPEA attaches the agreement obligation to rendering brokerage services, which begins earlier than a tour — arguably at the first substantive consultation. New Jersey agents should treat the intake conversation as the trigger.

Vermont and Alaska: no dual agency, period

Both prohibit dual agency outright. When two clients of the same brokerage converge on one property — common in multi-offer situations (multi-offer analysis) — the conflict has to be caught and disclosed before it matures into a violation.

Audit-trail considerations: proving you disclosed

Every regime above shares one practical truth: in a dispute, an MLS audit, or a license-board complaint, the question is never just "did you disclose?" — it's "can you prove when, to whom, and in what words?"

A defensible commission-disclosure audit trail has four properties: (1) Timestamped delivery — not "we always send it," but a record that this disclosure went to this person at this time, before the showing or substantive action that triggered it. (2) Exact language preserved — boards ask for the words used; standardized, versioned templates solve this. (3) State-correct content — a disclosure that satisfies Florida's transaction-broker regime may fail Pennsylvania's compensation-amount requirement; the record should show the right template was used for the right jurisdiction. (4) Tamper-evident retention — records assembled after the complaint arrives are worth less than records generated automatically at the moment of disclosure.

This is where manual workflows break down. An agent juggling 30 showing inquiries a week will eventually send a late disclosure, a wrong-state template, or no disclosure at all — and won't know which one it was. ShowSmartly's AI showing assistant generates the disclosure inside every showing reply, selects the state-appropriate language automatically, and writes each one to a permanent, exportable audit log. When the audit letter comes, the answer is an export, not an archaeology project.

For a deeper dive on what the disclosure itself should say — sample language, timing rules, and the most common mistakes — see our commission disclosure best practices guide.

Frequently asked questions

Which takes priority — my state's law or the NAR Settlement?

State law takes priority where the two conflict. But the settlement still binds NAR members and MLS participants wherever state law is silent or less specific. In relaxed states like Alabama and Mississippi, Realtors generally still need agreement-before-tour under MLS policy even though state law doesn't require it.

How many states have their own buyer-broker agreement laws?

Twenty-seven states had buyer-broker agreement statutes or rules before the settlement, per NAR's own state-groupings analysis. Since then, California, New Jersey, and Texas have added post-settlement statutes, and Alabama and Mississippi have passed laws relaxing the tour trigger. HousingWire's tracker covers ongoing bills.

Does my buyer agreement have to state an exact compensation amount?

Under the NAR Settlement, yes — compensation must be objective and specific (flat fee, percentage, or hourly rate), and you may never receive more than the agreed amount from any source. Sixteen states additionally require the amount (or calculation method) in the agreement by statute.

What happens if I show a home without a signed agreement?

Depending on your state: nothing (Mississippi and Alabama, for tours), a statutory violation (California, or Texas if you offered advice), a forfeited right to compensation (California, Arizona), or an MLS policy violation and association discipline (everywhere, if you're a Realtor). The settlement obligation applies to live virtual tours too.

How often does this table change?

Frequently — at least a dozen legislatures have buyer-agency bills in motion in 2026 (Wyoming, West Virginia, and Oklahoma among them). We re-verify the dataset quarterly and note the last verification date above the table.

State-by-State NAR Commission Disclosure Rules: The 2026 Guide

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