Rhode Island guide

Rhode Island Buyer Representation Agreements Post-NAR Settlement

In Rhode Island, you have to sign a written buyer representation agreement with your real estate agent before they show you any home — even on a virtual tour.

Reading as buyer.

TL;DR

In Rhode Island, you have to sign a written buyer representation agreement with your real estate agent before they show you any home — even on a virtual tour. The agreement has to list exactly how much your agent gets paid, as a specific dollar amount or a specific percent (a range or 'whatever the seller offers' is not allowed). The money can still come from you, from a seller concession in the contract, or a mix of both — but the number has to be locked in before any touring starts.

Before you start — 11 things to know

  • Since August 2024, the settlement requires a written buyer representation agreement before your agent shows you any home in Rhode Island, whether the tour is in person or online.

  • This rule reaches almost every agent you would work with in Providence, Warwick, Cranston, Newport, and the rest of Rhode Island because the State-Wide follows the settlement terms.

  • The agreement must list your agent's pay as a specific dollar amount or a fixed percent — a range like 2 to 3 percent, or wording like 'whatever the seller offers,' does not meet the rules.

  • The agreement must also state that the pay is negotiable and is not set by any rule.

  • The agreement must spell out which property types (single-family, condo, multi-family, etc.) and which geographic areas it covers, so it does not lock you in for homes outside that scope.

  • Your agent cannot collect more than the amount written in the agreement, no matter who actually funds it.

  • Listing brokers can no longer post a blanket offer of buyer-agent pay in the in Rhode Island, so you can't assume the seller's side will cover your agent automatically.

  • Sellers can still help pay your agent through a concession negotiated in the purchase and sale agreement, or directly in your offer — that piece is just handled outside the now.

  • Rhode Island fair housing law (RI Gen Laws §34-37) protects you from a different pay rate based on your race, family status, or use of a housing voucher — your agent cannot quote a higher fee because of a protected characteristic.

  • Rhode Island's brokerage law (RI Gen Laws §5-20.5), enforced by the Department of Business Regulation, already requires licensees to disclose agency relationships in writing, so written paperwork at the start is not new in Rhode Island.

  • If an agent skips the written buyer agreement, they can be suspended from the — which would block them from showing you listings or submitting offers for you.

The timeline — step by step

  1. Before any home tour, you and the agent sign the written buyer representation agreement.

  2. The agent fills in their exact pay as a dollar amount or fixed percent, and notes that the pay is negotiable.

  3. The agreement lists the property types and Rhode Island areas (such as Providence County, Newport County, or specific towns) that it covers.

  4. You also receive the Rhode Island agency disclosure required under RI Gen Laws §5-20.5, which the Department of Business Regulation oversees.

  5. With the agreement signed, you begin touring homes in person or virtually under those terms.

  6. When you write an offer, you can ask the seller for a concession in the purchase and sale agreement to help cover your agent's pay.

  7. At closing, your agent is paid the exact amount written in the agreement — never more — whether it comes from you, a seller concession, or a combination.

Common questions

Do I really have to sign something before just looking at a house in Rhode Island?
Yes. Since August 2024, settlement rules require a written buyer representation agreement before your agent shows you any home, even on a virtual tour, when they use an that follows the settlement. The State-Wide MLS used across Rhode Island is included.
Can my agent's pay be written as a range, like 2 to 3 percent?
No. The agreement has to list a specific dollar amount or a specific percent. A range, or wording like 'whatever the seller offers,' does not meet the settlement rules.
Who actually pays my agent under this rule?
That part is flexible. You can pay your agent directly, you can ask the seller for a concession in your offer that covers it, or you can use a mix. The settlement does not control where the money comes from — only that the amount is locked in.
Why don't I see the buyer-agent pay listed in Rhode Island [[MLS]] listings anymore?
Listing brokers are no longer allowed to publish a blanket offer of buyer-agent pay in the under the settlement. Sellers can still help with that pay, but it now has to be handled in the listing agreement, the purchase and sale agreement, or your offer — not in the MLS.
Is this the same as the Rhode Island agency disclosure?
They are related but not the same. RI Gen Laws §5-20.5 already required agents to disclose their agency relationship in writing, but the settlement adds the pay-specificity rule on top. A NAR-compliant buyer agreement plus the state agency disclosure together cover both.
Can an agent charge me more because of where I'm shopping or because I use a housing voucher?
No. Rhode Island fair housing law (RI Gen Laws §34-37) protects source of income and other classes, so an agent cannot quote a higher buyer-agent fee, or refuse to represent you, based on a protected characteristic or your use of a voucher.
What happens if my agent skips the written agreement?
They can be suspended from the , which would block them from showing you listings or sending offers for you. They can also face state discipline under Rhode Island's brokerage law.
Can I negotiate the pay and the length of the agreement before I sign?
Yes. The amount, the services, the property types and areas covered, and the term are all negotiable before you sign. Once it is signed, your agent cannot collect more than the listed number from anyone.

Glossary

3 terms
RECAD — Real Estate Consumer's Agency and Disclosure
The form that lays out, in plain terms, the agency relationship between you and the agent — whether they represent you, the seller, or both.
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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