Connecticut guide

Connecticut Buyer Representation Agreements Post-NAR Settlement

In Connecticut, you'll sign a written buyer representation agreement with your agent before you can tour any home, whether in person or over video.

TL;DR

In Connecticut, you'll sign a written buyer representation agreement with your agent before you can tour any home, whether in person or over video. The agreement must list exactly how much your agent gets paid — a flat dollar amount or a specific percentage, not 'whatever the seller offers.' You can negotiate the terms before signing, but if the seller's contribution falls short of what you agreed to pay, you cover the difference unless your contract says otherwise.

Before you start — 9 things to know

  • Before any home tour in Connecticut, you'll sign a written buyer representation agreement with your agent. This rule took effect in August 2024 after the settlement and applies to Connecticut agents who use SmartMLS.

  • The buyer representation agreement must spell out your agent's pay as a specific dollar amount or a specific percentage of the purchase price. Vague language like 'whatever the seller offers' is no longer allowed.

  • The pre-tour signing rule applies to virtual tours too, not just in-person showings. If your Connecticut agent walks you through a property on video, you need the written agreement in place first.

  • Connecticut law (C.G.S. §20-325d) has long required written disclosure of the agency relationship at first substantive contact with a buyer. The new buyer representation agreement bundles that agency disclosure with the compensation terms into one document.

  • Your Connecticut buyer representation agreement should clearly identify your agent and their brokerage, set a duration with a start and end date, define the geographic area it covers, list the compensation, and describe the type of agency relationship.

  • You can negotiate every part of the buyer representation agreement, including the agent's pay, how long the agreement lasts, and the geographic area it covers. Your agent should be ready to explain the value they bring before you sign.

  • If the seller offers to pay your agent through SmartMLS or through direct negotiation, that money goes toward the compensation you agreed to in your Connecticut buyer representation agreement. The is the multiple listing service Connecticut agents use to share properties and cooperative compensation offers.

  • If the seller's contribution is less than what you and your Connecticut agent agreed to in the buyer representation agreement, you're responsible for the difference. The exception is if your written agreement explicitly says you don't have to cover the gap.

  • Connecticut REALTORS has published updated buyer representation agreement forms that comply with the post-settlement rules. Ask your Connecticut agent to use one of those compliant forms rather than an older template.

The timeline — step by step

  1. First substantive contact: your Connecticut agent gives you written agency disclosure under C.G.S. §20-325d, explaining how they will represent you before any meaningful conversation about specific properties.

  2. Before any home tour: you and your Connecticut agent sign a written buyer representation agreement covering compensation, duration, geographic scope, and the type of agency relationship.

  3. Negotiation step: before you sign, talk through the compensation rate, the length of the agreement, and the area it covers with your Connecticut agent. Push back on anything that doesn't fit your situation.

  4. Touring homes: once the buyer representation agreement is signed, your Connecticut agent can take you through properties in person or over video.

  5. Writing an offer: when you find a home you want, your Connecticut agent helps you draft an offer that may ask the seller to cover some or all of your agent's compensation.

  6. At closing: your Connecticut agent's compensation is paid based on what your buyer representation agreement says. Any seller contribution is applied first, and you cover any remaining difference unless the agreement waives it.

Common questions

Do I have to sign anything before I can look at a house in Connecticut?
Yes. After the settlement took effect in August 2024, Connecticut agents who use SmartMLS need a written buyer representation agreement signed before they can show you any property. The rule applies to both in-person and virtual tours.
Can I negotiate what my Connecticut agent gets paid?
Yes. The buyer representation agreement is fully negotiable — the dollar amount, the percentage, and the length of the agreement are all on the table. Your agent should be ready to explain the value they bring for the compensation they're asking for.
What happens if the seller pays my Connecticut agent?
If the seller offers compensation through the or through direct negotiation, that money goes toward what you owe your agent under your buyer representation agreement. If the seller's contribution is less than your agreed amount, you cover the difference unless your written agreement says otherwise.
What has to be in a Connecticut buyer representation agreement?
The agreement must identify your agent and their brokerage, set a duration with a start and end date, define the geographic area it covers, lay out compensation as a specific dollar amount or percentage, and describe the type of agency relationship. Connecticut's C.G.S. §20-325d also requires the agency relationship be disclosed in writing.
Is this the same as Connecticut's existing agency disclosure law?
They overlap now. Connecticut's C.G.S. §20-325d has always required written agency disclosure at first substantive contact, and the new buyer representation agreement combines that disclosure with the compensation terms into one document. You get both pieces of information in one signing.
Can I work with more than one Connecticut agent at the same time?
That depends on what your buyer representation agreement says. Many include exclusivity for a set time or geographic area, which would prevent you from using another agent during that window. Read the duration and scope sections carefully before you sign.

Glossary

2 terms
NAR National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

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