Georgia guide

Buyer Brokerage Engagement Post-NAR Settlement: Georgia Requirements

Q: What happens if a Georgia agent skips the written agreement and just shows me a house?

They're violating the MLS rule that took effect August 17, 2024, and can be fined or suspended from the listing service. The NAR settlement made this a hard nationwide requirement, and Georgia state law under BRRETA also expects a written engagement before client-level services.

Q: I'm not working with a REALTOR — does this rule still apply to me?

Almost certainly yes, because the rule is tied to MLS participation, not REALTOR membership, and almost every Georgia agent uses an MLS like GAMLS or FMLS to find listings. Both of the major metro Atlanta MLSs enforce the written-agreement-before-tour requirement on all participating agents.

In Georgia, you sign a written buyer brokerage agreement with your agent before they take you to tour any home.

TL;DR

In Georgia, you sign a written buyer brokerage agreement with your agent before they take you to tour any home. The agreement spells out exactly how much your agent will be paid and what happens if the seller's side doesn't cover the full amount. This is a national rule that took effect August 17, 2024, and it protects you by putting the money conversation up front, before you fall for a house.

Before you start — 8 things to know

Before any Georgia agent shows you a home in person, they must have you sign a written buyer brokerage engagement agreement — this applies to every property tour, not just the home you eventually buy.
The standard form most Georgia agents use is the GAR Buyer Brokerage Engagement Agreement, published by the Georgia Association of REALTORS; it covers your name, the broker's name, the area or property type you're searching, and how long the agreement runs.
The Georgia buyer brokerage engagement form requires a specific compensation number — a definite dollar amount or percentage, not a vague range like '2 to 3 percent' — so you know exactly what your agent expects to be paid.
If the seller's broker offers a cooperating fee that matches or exceeds what your buyer brokerage agreement states, you owe nothing extra out of pocket on the buyer side.
If the seller's broker offers less than your agreement specifies, the Georgia buyer brokerage form decides what happens next: you cover the difference, your agent accepts the lower amount, or the deal doesn't move forward.
Have the compensation conversation with your Georgia agent before you sign the buyer brokerage engagement — once it's executed, the terms in the form control how everyone gets paid at closing.
Both major metro Atlanta listing services, GAMLS and FMLS, enforce the written-agreement-before-tour rule, and agents who skip it can face fines or membership suspension separate from any state license action.
The written-agreement rule comes from the settlement that took effect August 17, 2024 — Georgia's existing BRRETA law already required a written brokerage engagement before client-level services, so the NAR settlement mainly made the timing stricter by tying it to the first property tour.

The timeline — step by step

Step 1: You meet with a Georgia agent and decide you want them to help you look for a home; before they show you any property in person, they hand you a written buyer brokerage engagement agreement to sign.
Step 2: You review the GAR Buyer Brokerage Engagement Agreement, which lists your name, the broker's name, the geographic area or property type you're searching, and how long the agreement is in effect.
Step 3: You and the agent agree on a specific compensation number — a fixed dollar amount or percentage — that the buyer's broker will seek when you close on a home.
Step 4: You sign the buyer brokerage engagement, then begin touring homes with the agent; the signed agreement covers any property you see during the engagement period.
Step 5: You find a home and prepare an offer; the agent checks what cooperating compensation the seller's broker is offering, often through the or directly with the listing agent.
Step 6: If the seller's side offers as much as your buyer brokerage agreement specifies, the seller's side pays your agent and you owe nothing extra; if the offer is lower, your agreement controls who covers the gap.
Step 7: You close on the home, and any buyer-side compensation owed under the engagement agreement is settled in the closing paperwork.

Common questions

Do I really have to sign a contract just to look at houses in Georgia?

Yes — since August 17, 2024, a Georgia agent must have a written buyer brokerage engagement signed before touring any property with you. This requirement comes from the settlement and is enforced through participation rules that nearly every Georgia agent follows.

What is BRRETA, and is it the same as the new national rule?

BRRETA is Georgia's Brokerage Relationships in Real Estate Transactions Act, the state law that has long required a written engagement before a broker can provide client-level services to you. The settlement didn't replace BRRETA — it added a stricter timing rule, requiring the agreement to be signed before any property tour rather than just before client services begin.

Will I have to pay my buyer's agent out of pocket?

Maybe — it depends on what the seller's broker is willing to pay and what your written buyer brokerage agreement says. If the seller's side offers as much as your agreement specifies, you pay nothing extra; if they offer less, your agreement decides whether you cover the difference, your agent accepts a lower amount, or you walk away from the deal.

Can the compensation on the form be a range, like '2 to 3 percent'?

No — Georgia's standard buyer brokerage engagement form requires a definite dollar amount or percentage, not an open-ended range. Locking in a single number protects you from surprise fees and forces the money conversation to happen before you start touring homes.

What happens if a Georgia agent skips the written agreement and just shows me a house?

They're violating the rule that took effect August 17, 2024, and can be fined or suspended from the listing service. The settlement made this a hard nationwide requirement, and Georgia state law under BRRETA also expects a written engagement before client-level services.

I'm not working with a REALTOR — does this rule still apply to me?

Almost certainly yes, because the rule is tied to participation, not REALTOR membership, and almost every Georgia agent uses an MLS like GAMLS or FMLS to find listings. Both of the major metro Atlanta MLSs enforce the written-agreement-before-tour requirement on all participating agents.

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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