Following commission-focused class-action lawsuits, the National Association of Realtors® (NAR) agreed to rule changes in 2024, one of those being the mandatory use of written buyer agreements before any property showing so as to ensure transparency. But at the state level, laws have been passed contradicting this mandate.
In 2025, Alabama passed a law which explicitly forbade requirements for the use of buyer agreements. This bill was actively supported by the Alabama Realtors®, which had criticized the settlement agreement and led a push to end mandatory NAR membership.
This month, Alabama’s neighboring state Mississippi followed its lead with another bill that essentially makes the same change for real estate professionals working in Mississippi.
“A buyer brokerage agreement shall not be required of a seller’s agent conducting an open house as to prospective buyers, or as to a buyer customer for whom a seller’s agent presents an offer on a property acting solely for the seller without receiving compensation from the buyer,” read the text of the bill. Passing both houses unanimously, it was signed into law by Mississippi Governor Tate Reeves (R) on March 13 and takes effect on July 1, 2026.
The Mississippi state Realtor® association did not respond to a request for comment from RISMedia about this legislation.
On social media, however, the association characterized the bill as part of “major strides” in their state, saying it “overrides the impractical provisions of the NAR settlement.”
Bills setting new rules on compulsory buyer agreements have also been entered into the state legislatures of Oklahoma, West Virginia and Wyoming, where they are in varying states of progress.
While NAR and a plurality of big brokerages have affirmed support for the buyer agreement requirements, the fact that different states are pursuing their own paths provides some evidence that not every market or region sees these mandatory agreements as a net positive.
NAR declined to comment on the Mississippi law in response to RISMedia, but noted that “to the extent that any law across the (county) conflicts with the terms of the settlement agreement, state law always takes precedence,” as noted in NAR’s FAQ section on the terms of the settlement agreement.
Oklahoma
In Oklahoma, two such two bills are under consideration, designated SB1217 and SB1225, respectively. The text of SB1217 reads that: “A broker shall not be required to enter into a brokerage agreement with a buyer prior to showing real estate for purchase, lease, option, or exchange,” but subsequently notes that managing brokers can choose to require brokers or sales associates sign a brokerage agreement with buyer prior to a showing.
SB1217 passed the Oklahoma State Senate by a 36-2 vote on March 24 and has been referred to the State House. If passed, the current draft of the bill states that it will take effect November 1, 2026.
SB 1225 also explicitly states that “a real estate broker or agent shall not be required to procure a buyer broker showing agreement or contract agreement prior to showing real estate,” but this is just one provision. The bill also explicitly gives brokers the ability to negotiate compensation and fees with a consumer in advance of the services rendered for said compensation—brokers are required to disclose any information related to these fees and compensation, including the amount of fees, who pays them and subsequently a detailed accounting of the fees once paid.
Unlike SB1217, SB1225—introduced in February 2026—has not yet received a vote in the Oklahoma legislature.
In a statement to RISMedia, Oklahoma Association of Realtors® Senior Director of Government Affairs Will Roberts said the association did not support SB1217 but has chosen to “monitor the legislation” rather than officially opposing it at this time.
“Oklahoma REALTORS® supports and encourages members following the terms of the 2024 NAR-Burnett settlement agreement,” said Roberts. “However, SB1217 is inconsistent with the adopted legislative position of Oklahoma REALTORS®. The association believes the legislation, as drafted, will confuse REALTOR® members who are licensees and potentially confuse consumers who will receive mixed messaging.”
“Ultimately, whatever decision legislators make, our association knows that we will work with (the Oklahoma Real Estate Commission) to communicate and enforce the law,” Roberts affirmed.
West Virginia
A bill banning the requirement for buyer agreements was introduced in the West Virginia legislature in February 2026. The bill mandates that real estate licensees “shall not be required to enter into a buyer’s agency agreement prior to execution of a written offer to purchase real property in West Virginia.” If such an agreement is used, then it “shall apply only to the transaction contemplated by the written offer and the agreement shall automatically terminate if and when the contemplated transaction is completed,” unless the licensee and buyer agree in writing to an extension of representation.
This bill, first introduced in the West Virginia State House, was passed by an 80-10 vote on March 4. It has since been sent to the State Senate, where it has been referred to the Judiciary committee as of March 9 and awaits any further movement.
The West Virginia Association of Realtors® (WVAR) did not respond to RISMedia’s request for comment at this time. In a video posted to its Facebook page, however, WVAR said the bill is “as dead as a doornail,” without noting whether or not it took a stance on the legislation.
Wyoming
The Wyoming bill, introduced in February 2026 and signed into law by Governor Mark Gordon (R) on March 6, not only says that buyer agreements before tours cannot be required, but defines new types of licensee and consumer relationships.
The legislation creates a specific definition of “customer” in Wyoming state real estate law, as someone who has not signed a brokerage agreement with a real estate licensee, while a “client” is specifically defined as someone who has signed such an agreement.
The bill in turn states that a customer is not “required to sign any legal written agency agreement to view or tour real estate during house showings,” but it also states that customers are not “afforded any confidentiality in any communication to or with the licensee.”
In a response to RISMedia’s inquiry, 2026 Wyoming Realtors® President Angela Wilson said that bill sponsor Senator Stacy Jones (R) worked in collaboration with the association to draft the bill and address Wyoming real estate professionals’ concerns. Characterizing the bill as one that would “better protect customers,” Wilson said that the bill “added much needed clarity to the statutory language explaining that potential buyers and sellers should not be forced to sign any agreement that prematurely executes representation and/or implies agency.”
“Per usual, licensees remain obligated to provide consumers with the appropriate legal disclosures when providing consultation and/or services,” Wilson continued. “These disclosures include explanations regarding broker and agent compensation. When a “customer” is ready to move forward, agency is to be properly established as dictated by law. Agency relationships and compensation have been and shall remain completely negotiable.”
Per Wilson, the Wyoming Realtors® position is that the bill “reinforces the practice that the consumer drives the pace of a transaction without any pressure, and decides when it is in their best interest to execute legal agency.”
