Key points
- Since August 17, 2024, agents working in MLSs that follow NAR policy must have a written agreement with a buyer before touring a home, in person or by live virtual tour.
- The agreement must state the agent’s compensation in objective terms, such as a flat fee, a percentage or $0, and the agent may not receive more than that from any source.
- Offers of compensation to buyer agents are no longer allowed in the MLS. MLS PIN, the regional MLS in Massachusetts, bars them in its own rules. Sellers can still offer compensation outside the MLS.
- Agent compensation is not set by law and remains negotiable. Read the term, scope and cancellation terms before your first tour.
What changed on August 17, 2024
The changes came from the National Association of REALTORS settlement of the commission lawsuits. Two practice rules took effect on August 17, 2024 for agents who use MLSs subject to NAR policy.
First, an agent covered by these rules who works with a buyer must enter into a written agreement before touring a home with that buyer. This covers in-person tours and live virtual tours. Chatting with an agent at an open house does not require one. The agreement must state compensation in an objective way, such as $0, a flat fee, a percentage or an hourly rate, and must bar the agent from receiving more than that amount from any source.
Second, offers of compensation from the listing side to buyer agents are no longer allowed on MLS platforms. Sellers can still offer compensation off the MLS, and compensation remains fully negotiable.
How it works in Massachusetts listings
Most Massachusetts listings run through MLS PIN, which writes its own rules. Its current rules prohibit any participant from making or sharing an offer of compensation to cooperating brokers on a listing or in any other MLS field, and state that the MLS does not require a seller to offer such compensation. So a buyer looking at a Massachusetts listing will not see what, if anything, the seller is willing to pay a buyer’s agent. That question is answered between the agents, in writing, or in the offer itself.
What it means for buyers
If your agent is covered by these rules, expect to sign the agreement before the first tour, and read it as a contract. Points to check:
- Term: when it starts and ends
- Scope: which areas, property types or specific homes it covers
- Compensation: the amount or rate, and how it is handled if the seller agrees to pay some or all of it
- Ending it early: what notice is required, and what you would owe for homes you saw during the term
- In your offer, you can ask the seller to contribute toward your agent’s compensation. The seller can accept, counter or decline, like any other term
What it means for sellers, and status
Sellers decide, with their listing agent, whether to offer anything to buyer agents and how to respond if a buyer asks. That decision can no longer be posted in the MLS, and it is negotiable like price and dates. As of October 2026 these practice rules remain in place, and MLS PIN’s prohibition remains in its published rules.
General information for Massachusetts buyers and sellers, current as of the date shown. It is not legal advice; the terms of your own agreement govern.