Own Luxury Homes®
How to Verify Any Real Estate Agent After the NAR Settlement: The 12-Point Framework
Verify any luxury agent post-NAR settlement: 12 specific criteria including zero dual-agency history, verified off-market access, $3M+ transaction history, and full compensation disclosure. Written confirmation required for 6 of 12. Own Luxury Homes® 12-Point Agent Integrity Audit™ pre-verifies all 12 before every introduction.
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How to Verify Any Real Estate Agent After the NAR Settlement: The 12-Point Audit Framework
12-Point
Own Luxury Homes® 12-Point Agent Integrity Audit™ — the verification standard
Before
Every verification question must be answered before the buyer representation agreement is signed
Written
Every answer that matters must be in writing — verbal assurances are not enforceable
$1.49B
The cost of skipping verification: dual-agency losses 2023–2025 (Zillow)
The NAR settlement made one conversation mandatory for the first time: the agent must discuss their compensation with the buyer before the first showing. But compensation transparency is only one dimension of agent verification. For a luxury buyer signing a representation agreement before a $5M–$20M transaction, the verification framework must cover five additional dimensions: market expertise, off-market access, dual agency history, compensation alignment, and disclosure compliance. Here is the complete 12-point framework — the questions, the expected answers, and the red flags that should end the conversation.
The 12-Point Pre-Agreement Verification Framework
| # | Verification Point | What to Ask | Green Flag Answer | Red Flag |
|---|---|---|---|---|
| 1 | Price-tier transaction history | Last 5 closed transactions at my price point in my target market | Specific addresses, prices, and dates | Transactions in adjacent tiers or other markets |
| 2 | Off-market access | Name 3 off-market properties you sourced for a buyer in the past 12 months | Specific addresses and approximate dates | “Great relationships” with no specifics named |
| 3 | Dual-agency history | Have you ever represented both buyer and seller in the same transaction? | Never, confirmed in writing | Yes, or deflection, or “designated agency” explanation |
| 4 | No-dual-agency clause | Will you sign a written no-dual-agency clause? | Immediately, without resistance | Resistance, requests to soften language, or refusal |
| 5 | Compensation disclosure | What is your exact compensation and who will pay it? | Specific amount, specific payer, fallback if seller offers less | Range, “whatever the seller offers,” or vague language |
| 6 | Referral arrangement disclosure | Are you receiving any referral fee in connection with representing me? | Full written disclosure of all referral arrangements | Resistance or “it’s standard practice” without specifics |
| 7 | Off-market coverage in agreement | Does this agreement cover off-market and private listing properties? | Explicit yes, confirmed in writing | “Yes” without written confirmation, or scope limited to MLS only |
| 8 | Active buyer network | Who are the listing agents in my target market and price tier you have active relationships with? | Two or more named agents with recent contact | General network claims with no specific names |
| 9 | Termination rights | What are my termination rights under this agreement? | Clean exit with 5–10 day notice, no cause required | No termination rights, or complex cause requirements |
| 10 | Pricing intelligence | What off-market comparable sales can you provide in my target neighborhood? | Specific private sales with approximate prices | Public MLS comps only, or inability to name any private comparables |
| 11 | NAR settlement compliance | Are you fully compliant with August 2024 settlement requirements? | Yes, with specific explanation of their compliance procedures | Vague affirmation or “of course” without specifics |
| 12 | State license status | Is your license active and are there any pending disciplinary actions? | Active license confirmed; no disciplinary history | Cannot confirm, or history of complaints |
How to Use This Framework Before Signing
Go through these twelve questions in a single meeting before signing any buyer representation agreement. Take notes. Require written confirmation of answers 3, 4, 5, 6, 7, and 9 — these are the points where verbal assurances are later disputed. An agent who is confident in their answers will produce written confirmation without hesitation. An agent who resists specific questions has a reason.
The framework is designed so that a genuinely qualified luxury agent passes all twelve in the first meeting. An agent who cannot pass all twelve is not the right agent for a luxury transaction where the stakes justify this level of verification. There are enough verified agents in every major US market that settling for an unverified one is a choice, not a necessity.
How the Own Luxury Homes® 12-Point Audit Differs
Own Luxury Homes®’s 12-Point Agent Integrity Audit™ pre-verifies all twelve points before any specialist is introduced to a buyer or seller client. The verification is not self-reported — it is confirmed through: MLS transaction record review for price-tier history, direct attestation and reference check for dual-agency history, documented private buyer list for off-market access, state licensing board verification for active license and disciplinary history, written compensation disclosure review for referral arrangements, and E&O insurance verification. Every specialist assigned through Own Luxury Homes® has passed all twelve points before the first client contact.
Own Luxury Homes® — 12-Point Agent Integrity Audit™
Own Luxury Homes® verifies every off-market specialist through our 12-Point Agent Integrity Audit™: zero dual-agency history in off-market transactions, a verified private buyer network independent of their brokerage, documented track record of recommending MLS when data supports it, and full disclosure of all compensation arrangements before engagement. No dual agency. Full seller representation. Assign a specialist now.
Ryan Brown, Principal Broker & CEO — Own Luxury Homes®
“The settlement made one verification question mandatory: what is the compensation? It left eleven others optional. The buyers who skip the other eleven are making a $5M or $20M decision on the basis of one data point. I built the 12-Point Audit because the twelve questions together tell you everything you need to know about an agent before you sign. None of them requires more than fifteen minutes. All of them are worth the time.”
Frequently Asked Questions
How do I check an agent’s license and disciplinary history?
Every US state maintains a public real estate license database. Search your state’s real estate commission website by agent name to confirm active license status and any disciplinary history. In Florida, use the DBPR lookup. In California, the DRE. In New York, the DOS. All are free and publicly accessible.
Is the 12-Point Audit the same as the NAR settlement compliance check?
No. NAR settlement compliance (point 11) is one of the twelve criteria. The full 12-Point Audit covers market expertise, dual-agency history, off-market access, compensation transparency, and licensing — dimensions the settlement does not address.
Can I use this framework to evaluate an agent I already have?
Yes, at any time. The questions are not hostile — they are professional. Any agent who has been representing you well will answer all twelve without issue. If the answers reveal gaps, you have termination rights under your buyer agreement that allow you to make a change.
Own Luxury Homes® — 12-Point Agent Integrity Audit™. All twelve points verified before every specialist introduction. No dual agency. Full disclosure. Assign your pre-verified luxury specialist ›
All NAR Settlement Guides
NAR Settlement HubDo I Need a Buyer’s Agent?Buyer Representation AgreementsCan the Seller Pay My Buyer’s Agent?Dual Agency Got Worse, Not BetterLuxury Commission Data 2025What to Require in Your AgreementSellers: How to Negotiate Buyer CompensationWhat Makes a Luxury Agent Worth It?Danger: Going Direct to the Listing AgentMLS vs Off-Market Commission DifferencesThe “Before the Showing” Agreement Explained12-Point Audit: Verify Any Agent Post-Settlement
"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)