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Your Rights as a Home Buyer After the NAR Settlement
The NAR settlement gave home buyers specific rights that many agents and brokerages have not clearly communicated: the right to negotiate every term of the buyer broker agreement, the right to refuse dual agency, the right to know exactly what your agent will be paid before touring any home, and the right to cancel the agreement under reasonable terms. Knowledge of these rights is the difference between a $20K–$50K+ cost and a $20K–$50K+ savings. Own Luxury Homes® verifies through the 12-Point Agent Integrity Audit™.
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Your Rights as a Home Buyer After the NAR Settlement
$418M
NAR settlement amount that changed how buyer agent compensation works in every US real estate transaction
87%
Of home buyers still use an agent — buyer representation remains critical despite commission structure changes
12
Point Integrity Audit dimensions verified before any Own Luxury Homes® specialist introduction
$0
Paid by any Own Luxury Homes® specialist for placement — every introduction is earned through verified performance
The NAR settlement gave home buyers specific rights that many agents and brokerages have not clearly communicated: the right to negotiate every term of the buyer broker agreement, the right to refuse dual agency, the right to know exactly what your agent will be paid before touring any home, and the...
Own Luxury Homes® 12-Point Agent Integrity Audit™
Own Luxury Homes® 12-Point Agent Integrity Audit™
The Own Luxury Homes® standard: documented transaction history at the buyer’s specific price tier, verified market knowledge, confirmed specialisation, and independently verifiable references. Verified through the 12-Point Integrity Audit and 5% Performance Audit™.
Own Luxury Homes® Market Intelligence.
Your Right to Negotiate
The buyer broker agreement is a CONTRACT — and like any contract, every term is negotiable. Specifically: (1) Compensation amount: you are not required to accept any specific rate. The agent may propose 3%; you can counter with 2.5%. (2) Term length: you are not required to sign a long-term agreement. 30–90 days is reasonable. (3) Exclusivity scope: you can negotiate non-exclusive agreements that allow you to work with other agents in different markets or for different property types. (4) Cancellation terms: you can insist on a written cancellation provision with reasonable notice (3–7 days). (5) Services included: you can specify exactly which services the agent will provide and which are not needed. An agent who tells you “this is our standard agreement and it’s not negotiable” is either uninformed about post-settlement rules or deliberately misleading you. Either way, it is a red flag.
Your Right to Know What You’re Paying
Post-settlement, agents must disclose compensation before you tour any property. This means: (1) You must see the exact amount or rate before signing: no vague “industry standard” language. The specific dollar amount or percentage must be clearly stated. (2) You must understand who is paying: the agreement should clearly state whether the buyer, the seller, or both are expected to cover the compensation. (3) You must know what happens if the seller won’t pay: the agreement should specify your obligation if the seller does not offer buyer agent compensation. (4) No surprises at closing: the compensation amount disclosed in the agreement is the amount you should see at closing. Any deviation should be explained and documented.
Your Right to Refuse Dual Agency
You are NEVER required to agree to dual agency — having one agent represent both buyer and seller. Specifically: (1) You can refuse dual agency at any time: even if it is included in the buyer broker agreement, you can insist on amendment to remove the dual agency provision. (2) No agent can force dual agency: if a listing agent suggests you work with them directly instead of using your own buyer’s agent, you can decline. (3) You can insist on exclusive buyer representation: your buyer’s agent should represent ONLY your interests in the transaction. If they are also the listing agent on a property you want, you have the right to hire a separate buyer’s agent for that specific transaction. Full dual agency guide ›.
Your Right to Walk Away
(1) Before signing: you have no obligation to sign a buyer broker agreement with any specific agent. Interview multiple agents before committing. (2) After signing: review the cancellation provisions. Most agreements allow written cancellation with notice. If the agreement is restrictive, speak with the agent’s managing broker or consult a real estate attorney. (3) During a transaction: even after signing, you have the right to expect professional service, timely communication, and competent representation. If the agent is not delivering, document the failures and exercise your cancellation rights. (4) The bottom line: the buyer broker agreement protects BOTH parties. It is not a trap designed to lock you into a bad relationship. If your agent is treating it that way, they are not the right agent. How to fire your agent guide ›.
Ryan Brown, Principal Broker & CEO Own Luxury Homes®
"The NAR settlement was supposed to increase transparency and protect buyers. Instead, most buyers are more confused than ever because agents and brokerages have not clearly explained what changed. Here’s what I tell every buyer: you have more rights now than before the NAR settlement. You have the right to negotiate every term. You have the right to know exactly what you’re paying. You have the right to refuse dual agency. And you have the right to walk away from any agent who isn’t meeting your standards. These rights existed before the settlement, but the settlement made them explicit. Use them."
Own Luxury Homes® Agent Selection Resources
Related: Best Buyer’s Agent — Best Listing Agent — Red Flags — 12-Point Audit
Frequently Asked Questions
What are my rights as a home buyer after the NAR settlement?
You have the right to negotiate every term of the buyer broker agreement, know the exact compensation before touring homes, refuse dual agency, cancel the agreement under reasonable terms, and walk away from any agent who is not meeting your standards.
Can I refuse to sign a buyer broker agreement?
You can choose not to sign, but an MLS-participating agent cannot show you properties without one. You can still attend open houses independently, browse listings online, and speak with agents about their services without signing.
What did the NAR settlement change for buyers?
Two specific changes: (1) buyer agent compensation can no longer be advertised on the MLS, and (2) written buyer broker agreements are required before home tours. What did not change: sellers can still pay buyer agent compensation, commissions are negotiable, and 87% of buyers continue to use agents.
What should I do if my agent pressures me to sign quickly?
Pressure to sign quickly is a red flag. You have the right to take the agreement home, review it, consult an attorney, and negotiate terms before signing. An agent who pressures you to sign without review is prioritising their commission over your interests.
"The introduction Own Luxury Homes® makes is to a specialist with documented closing history in your specific market — not the county, not the metro, the submarket you're actually selling or buying in. That's the standard we verify before your name goes anywhere."
— Ryan Brown, Principal Broker & CEO, Own Luxury Homes® (FL License BK3626873)