NAR Settlement Buyer-Broker Disclosure 2026 | Listing Workflow

Key Information

The NAR settlement (Burnett / Sitzer-Burnett class actions) reached approval in 2024 and the underlying practice changes took effect August 17, 2024, with MLSs required to implement by September 16, 2024. Two core changes: offers of buyer-broker compensation can no longer be communicated via MLS, and MLS Participants working with buyers must enter into a written buyer agreement before touring a home that specifies compensation in objectively ascertainable, non-open-ended terms. The settlement did not abolish buyer-broker compensation — it changed how it is communicated and documented. BuildMyListing's listing workflow surfaces compensation as a brokerage-policy decision (not an MLS field), and prompts the listing broker to confirm seller instructions in writing before the listing goes live.

Pricing: Starting $99/month

Time Required: 5 minutes per listing

The Problem

The settlement made two structural changes that listing brokers still get wrong in 2026: offers of buyer-broker compensation cannot be communicated via MLS, and MLS Participants working with buyers must have a written buyer agreement specifying compensation before touring a home. Brokerages that haven't updated their intake and disclosure templates are still creating exposure.

The Solution

BuildMyListing's listing workflow treats buyer-broker compensation as a brokerage-policy and seller-instruction decision, not an MLS field. The listing intake captures the seller's instructions in writing, the listing remarks comply with MLS-platform rules, and the workflow surfaces the right disclosure language for both listing-side and buyer-side situations.

Key Features

Compensation as Brokerage Policy

BuildMyListing treats buyer-broker compensation as a brokerage and seller decision, not an MLS field. Listing intake captures the seller's written instructions before publication.

Benefit: Post-settlement workflow is the default, not an opt-in

Written Agreement Prompts

For agents using BuildMyListing on the buyer side, the workflow prompts for a written buyer agreement before any property tour is recorded.

Benefit: Touring without an agreement does not happen accidentally

MLS Remarks Pre-Check

AI listing remarks are screened for prohibited offers-of-compensation language before publication. Specific compensation amounts, percentages, or 'cooperating broker' offers are flagged.

Benefit: Listing remarks won't trigger an MLS rules issue

Disclosure Templates

Templates for the disclosures the settlement requires — buyer agreement compensation terms, listing agreement seller instructions, and any required cooperative-compensation acknowledgments — are kept current with NAR and DOJ guidance.

Benefit: One source of truth for post-settlement paperwork

How It Works

Capture Seller Instructions

Listing intake records the seller's instructions on buyer-broker compensation in writing. The instructions inform the listing agreement, not the MLS field.

Publish Compliant Remarks

Listing remarks pass the pre-check for offers-of-compensation language. The listing goes live with no MLS-rule conflict.

Coordinate Buyer-Side

Buyer agents using BuildMyListing on the buyer side have written agreement prompts before tours. Compensation is between the buyer and their agent, with the listing broker informed per state and brokerage policy.

Compliance Reference

Practice Change	Effective Date	What's Required	How BuildMyListing Handles It
MLS removal of compensation offers	August 17, 2024 (practice change); September 16, 2024 (MLS implementation deadline)	Offers of compensation to buyer brokers cannot be communicated via MLS	Listing remarks screened for prohibited language
Written buyer agreements	August 17, 2024	MLS Participants working with buyers must have a written agreement before touring	Buyer-side workflow prompts for agreement
Objectively ascertainable compensation	August 17, 2024	Buyer agreement compensation must be specific, not open-ended	Templates prevent open-ended terms
Compensation cap	August 17, 2024	Buyer broker cannot receive more from any source than the buyer agreement specifies	Workflow alerts if cooperating compensation exceeds agreement
Off-MLS communication	Permitted	Compensation can be communicated outside MLS (e.g., direct contact, brokerage websites)	Listing record captures compensation handling without MLS display

Common Use Cases

Standard Residential Listing

Scenario: Listing broker takes a standard single-family listing in a post-settlement market.

Process: Listing intake captures seller's compensation instructions in writing → listing remarks pre-checked → listing publishes without MLS-rules issue

Compliance: Seller's instructions documented. MLS rules respected. Buyer-broker compensation handled via the listing broker outside MLS where applicable.

Buyer-Side Showing

Scenario: Buyer agent shows their first property under the new rules.

Process: Workflow prompts for written buyer agreement before tour scheduling → agreement signed → agent records the showing

Compliance: Written agreement is in place before the tour. Compensation terms are objectively ascertainable. No accidental open-ended exposure.

Dual-Agency Considered

Scenario: A potential dual-agency situation where the listing broker is approached by the buyer directly.

Process: Workflow flags the dual-agency consideration → state-specific dual-agency disclosure issued → buyer's compensation conversation handled with full disclosure

Compliance: The settlement does not change dual-agency rules but interacts with them. BuildMyListing keeps the two workflows separate.

Frequently Asked Questions

When did the NAR settlement practice changes take effect?

The practice changes took effect August 17, 2024, with MLSs required to implement the policy changes by September 16, 2024. The settlement is sometimes called the Burnett or Sitzer-Burnett settlement after the Missouri class action that triggered it. NAR settled while continuing to litigate other matters.

Did the settlement abolish buyer-broker compensation?

No. Buyer-broker compensation continues to exist. What changed is how it is communicated and documented: offers can no longer go through MLS, and the buyer-broker relationship now requires a written agreement with specific compensation terms before a tour.

What does 'objectively ascertainable' compensation mean?

Per the settlement and the NAR FAQ, compensation in the buyer agreement must be specific and not open-ended — a percentage, a flat dollar amount, or another concrete formula. Open-ended phrases like 'whatever the seller is offering' are not compliant. BuildMyListing's buyer-side templates avoid open-ended terms.

Can buyer-broker compensation still be communicated outside MLS?

Yes. The settlement bans the MLS as a communication channel for offers of compensation. Direct communication between brokers, brokerage websites, and listing broker disclosures outside the MLS remain available. BuildMyListing's listing record captures the seller's compensation instructions so the listing broker can communicate them appropriately.

How does this interact with state real estate commission rules?

State commissions continue to set licensing, agency, and disclosure rules. The settlement primarily affects MLS Participants under NAR-affiliated MLSs and adds duties layered on top of state rules. State agency disclosure rules, dual-agency rules, and buyer representation agreements all remain in force.

What about VA and FHA loans and buyer broker compensation?

VA loan policy on buyer-paid agent compensation was a significant question in the months after the settlement and was addressed by VA circular. FHA addressed similar questions in its own policy. The current state of VA and FHA treatment should be confirmed with the relevant agency or a mortgage compliance professional, as policy continues to evolve.

Are non-NAR-affiliated brokerages bound by these changes?

The settlement binds NAR and the specifically named defendants directly. NAR-affiliated MLSs implemented the policy changes per the settlement terms. Non-NAR brokerages can have different practices, though the MLS-rules consequence is largely independent of brokerage affiliation since most MLSs are now operating under the new rules.

What about the DOJ's continued interest in the settlement?

The U.S. Department of Justice has indicated continued interest in real estate competition matters, including review of the NAR settlement and related practices. Listing brokers should treat the post-settlement landscape as still evolving and monitor DOJ and NAR communications. BuildMyListing updates templates as guidance evolves.

Is this page legal advice?

No. This is a general overview of the NAR settlement's effects on listing and buyer-broker practice as of 2026. The post-settlement landscape continues to develop. Consult a real estate attorney for advice on a specific listing or unusual representation question.

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The NAR Settlement Changed Buyer-Broker Comp — Your Listing Workflow Has To Reflect It