Massachusetts guide

MA Buyer Agency Agreements Post-NAR Settlement (August 2024)

Before any Massachusetts agent shows you a home, you must sign a written buyer agreement that spells out what the agent will do and what they want to be paid.

TL;DR

Before any Massachusetts agent shows you a home, you must sign a written buyer agreement that spells out what the agent will do and what they want to be paid. This nationwide rule started August 17, 2024 after a big real-estate lawsuit settlement, and MLS PIN — New England's largest listing system — adopted the same rule on the same day. Your agent can't be paid more than what you signed for, but you can still ask the seller to cover all or part of that fee.

Before you start — 10 things to know

  • In Massachusetts you sign a written buyer agreement before your first home tour, including virtual walkthroughs — this kicked in on August 17, 2024.

  • The agreement must state your agent's pay clearly — as a dollar amount, a percentage of the home price, or a formula for figuring it out.

  • Your agent can never be paid more than the number in your signed agreement — that figure is a hard cap, no matter what the seller's side offers.

  • The nationwide change came from the (National Association of REALTORS) settling a class-action lawsuit over how buyer-agent commissions were handled.

  • MLS PIN — the (the shared listing system real-estate agents use) for most of New England — isn't run by NAR, but it adopted matching rules on the same day, so almost every Massachusetts agent is covered.

  • The Massachusetts Association of REALTORS updated its Exclusive Buyer Agency Agreement form so it lines up with the new written-and-signed pay rules.

  • The Greater Boston Real Estate Board added a clause to the standard Massachusetts Offer to Purchase that lets you formally ask the seller to pay your agent's fee as part of the offer.

  • If the seller or listing broker offers to cover the buyer-agent fee, that offer can pay all or part of what you owe your agent — but only up to the cap in your signed agreement.

  • Massachusetts law (254 CMR 3.00) separately requires every licensed real-estate agent in the state to give you an agency disclosure form explaining who they represent, no matter which listing system they use.

  • Before August 17, 2024, a written buyer agreement in Massachusetts was just best practice — now it's required for any agent using a listing system tied to the settlement.

The timeline — step by step

  1. You reach out to a Massachusetts agent and say you'd like to start looking at homes.

  2. Before any tour happens, the agent hands you a written buyer agreement to review — required for anyone using an (the shared listing system) tied to the August 17, 2024 settlement.

  3. You check the agreement: what services the agent provides, what they want to be paid (as a dollar amount, a percentage of the price, or a formula), and the fact that this number is the maximum they can ever be paid.

  4. The agent also gives you Massachusetts' required agency disclosure form (under 254 CMR 3.00) — that's a separate state-law step explaining who the agent represents.

  5. You sign the buyer agreement, and now the agent can show you homes — in person or virtually — and represent you in negotiations.

  6. When you find a home, you write an offer — in Massachusetts the standard Greater Boston Offer to Purchase has a clause for asking the seller to pay your agent's fee as part of the deal.

  7. If the seller (or their broker) offers to cover your agent's fee, that goes toward what you owe — but never above the cap in your signed agreement.

  8. At closing, your agent's pay comes out based on the signed buyer agreement and the accepted offer terms.

Common questions

Do I really have to sign something before just touring one house in Massachusetts?
Yes. Since August 17, 2024, any Massachusetts agent who uses an (the shared real-estate listing system) has to get a signed written agreement from you before touring a home — and that includes virtual walkthroughs. MLS PIN, which covers most of New England, adopted the same rule on the same day, so it applies to nearly every agent in the state.
Who actually pays the buyer's agent in Massachusetts?
It's negotiable. The seller or listing broker can still offer to cover the buyer-agent's fee, you can pay it yourself, or you can use the Massachusetts Offer to Purchase to formally ask the seller to pay it as a term of your offer. Whoever pays, your agent can't be paid more than the number written into your signed buyer agreement.
Why did this rule change in August 2024?
The (National Association of REALTORS) settled a big class-action lawsuit about how buyer-agent commissions were shown to buyers and sellers. The fix was making fees clear, negotiable, and put in writing up front — so buyers know exactly what they're agreeing to pay before any home tour happens.
What if my agent isn't an NAR member — do these rules still apply?
The August 17, 2024 written-agreement requirement is tied to NAR-affiliated MLSs, plus MLS PIN, which adopted matching rules even though it isn't an NAR-run MLS. Either way, Massachusetts state law (254 CMR 3.00) separately requires every licensed agent in the state to give you an agency disclosure form, so you'll always know who they represent.
What's the most my agent can be paid?
The number you signed for in your buyer agreement is the ceiling. If the seller's side offers to throw in money toward your agent's fee, that offer can cover some or all of what you owe — but it can't push your agent's total pay above what's in your signed agreement.
Can I ask the seller to pay my agent in my offer?
Yes. The Greater Boston Real Estate Board added a clause to the standard Massachusetts Offer to Purchase that lets you formally ask the seller to cover all or part of your buyer-agent's fee. It's one of the terms you and your agent negotiate when you write up the offer.

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

  1. [1]
  2. [2]
  3. [3]

Last updated