Vermont guide

Vermont Buyer Representation Agreements After the NAR Settlement

In Vermont, a buyer's agent must sign a written buyer representation agreement with you before showing any home, including homes listed on the MLS.

Reading as buyer.

TL;DR

In Vermont, a buyer's agent must sign a written buyer representation agreement with you before showing any home, including homes listed on the . The agreement has to spell out exactly how the agent gets paid (flat fee, a percent of price, or another clear amount) — vague language like 'whatever the seller offers' is not allowed. Sellers can still help pay your agent, but it's no longer advertised in the , so you and your agent need to ask for it in your offer or work out who covers the gap.

Before you start — 9 things to know

  • Since August 2024, 's settlement rules require any Vermont buyer's agent tied to an -affiliated to sign a written buyer representation agreement with you before touring any -listed home.

  • The agreement must state your agent's pay in a clear, specific, non-open-ended way — for example, a flat fee, an hourly rate, or a set percent of the purchase price.

  • Vague phrases like 'whatever the seller is offering' do not satisfy the new rule, so push back if you see them on a Vermont buyer agreement.

  • Almost every Vermont agent is affected because most use the New England Real Estate Network () or another -tied , so expect this paperwork no matter where in Vermont you shop.

  • Cooperating compensation from the seller still exists in Vermont, but it can no longer be posted in fields, so it must be asked for in your offer or in a separate written agreement.

  • If a Vermont seller will not chip in toward your agent's fee, the difference has to come from you — so know your budget for agent pay before you start writing offers.

  • You can negotiate the amount, the length, and whether the agreement covers one home, a town, or all of Vermont — it is a contract, not a take-it-or-leave-it form.

  • Vermont's Office of Professional Regulation oversees real estate agents under 26 VSA Ch. 41, so if an agent refuses to follow the new written-agreement rule, you can file a complaint with the state.

  • Vermont agents are barred from talking with competitors about 'standard' commission rates, so if an agent claims a rate is the 'normal' Vermont rate, treat that as a red flag and ask for the number to be negotiated in writing.

The timeline — step by step

  1. First meeting: the Vermont agent walks you through how they get paid and presents a written buyer representation agreement before showing any home.

  2. Review and negotiate: read the pay amount, the time it covers, and the area it covers, and ask for changes if anything feels too broad or too high.

  3. Sign before touring: once both of you agree on the terms, sign the agreement — only then can the agent show you -listed Vermont homes.

  4. House hunting: tour homes with your signed agreement in place, knowing exactly what your agent will be paid if you buy.

  5. Offer stage: ask the seller to pay some or all of your agent's fee through the Vermont purchase and sale contract or a seller concession.

  6. If the seller says no: plan with your agent how to cover the gap — lower the offered fee by re-negotiating the agreement, or budget to pay it yourself at closing.

  7. Closing day: any agent compensation you owe is paid out of the Vermont settlement statement based on what the signed agreement says.

Common questions

Do I really have to sign a buyer representation agreement before touring a home in Vermont?
Yes — under the August 2024 settlement, any Vermont buyer's agent affiliated with an -tied must have a signed written agreement with you before showing an -listed home.
Can the agreement just say my agent will take 'whatever the seller offers'?
No — the rule requires a clear, specific, and non-open-ended pay amount, like a flat fee or a defined percent of the purchase price.
Can the Vermont seller still pay my buyer's agent?
Yes — sellers can still contribute to buyer-agent pay through the purchase and sale contract, a seller concession, or a separate written agreement, but it is no longer advertised inside the .
What happens if the seller will not cover my agent's fee?
You and your agent decide together how to close the gap — either by lowering the fee in the buyer agreement, asking the seller for a credit, or paying the rest yourself at closing.
Is the fee in the agreement set by Vermont law or by my agent?
Neither — every fee is negotiable between you and your agent, and Vermont agents are not allowed to claim a 'standard' rate set by the industry.
How long does a Vermont buyer representation agreement last?
The length is whatever you and the agent agree to in writing — it can cover one showing, one home, a few weeks, or many months, so check the dates before you sign.
What if a Vermont agent refuses to use a written agreement?
That is a violation of the practice rules, and you can either choose a different agent or file a complaint with the Vermont Office of Professional Regulation under 26 VSA Ch. 41.

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]

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