States Are Pushing Back on NAR's Buyer Agreement Rules — Here's What Texas Agents Need to Know

Mississippi just threw a wrench into the NAR settlement playbook. Earlier this month, Governor Tate Reeves signed Senate Bill 2713 into law, making Mississippi the second state after Alabama to say agents don't need signed buyer agreements before showing properties.

Wyoming, West Virginia, and Oklahoma are considering similar laws. This isn't a fringe movement anymore. It's a trend, and Texas agents need to understand what it means even though we're still operating under NAR settlement rules.

What's Actually Happening

Let's break down the specifics, because the details matter here.

Mississippi's new law says agents only need a signed buyer agreement before listing a property or submitting an offer—not before touring homes. You can unlock the door, walk a buyer through a property, and answer basic questions without paperwork. The agreement kicks in when you're ready to write an offer or list something for sale.

Alabama passed a similar law roughly a year ago. Same concept: tours don't require agreements. Offers do.

Wyoming's proposed bill (SF 0105) goes even further. It creates two categories: "customers" and "clients." A customer is someone working with an agent without a signed agreement. Under Wyoming's proposal, buyers could remain customers and still submit offers without signing anything. They'd just get a disclosure explaining they're not in a formal representation relationship.

West Virginia's House Bill 5091 passed the state House earlier this month and is now with the Senate. Like Wyoming, it doesn't require a buyer agreement before submitting an offer. It only requires one if you're going to formally represent them through the transaction. Agents would still have to provide written disclosure about services and compensation.

Oklahoma has two bills pending (SB 1217 and SB 1225). Both say agents aren't required to get a buyer agreement before showing properties. One of the bills has already passed the state Senate.

All of these laws directly conflict with the NAR commission lawsuit settlement, which requires buyer's agents to obtain a signed buyer broker agreement before touring a property.

Why This Is Happening

State legislators and state Realtor associations backed most of these bills. That's not an accident. There's pushback on two fronts:

1. The NAR settlement created logistical friction. Requiring a signed agreement before opening a door sounds reasonable in theory. In practice, it adds a step that slows down the initial stages of working with buyers. Some buyers aren't ready to commit to representation when they're just starting to look. Requiring paperwork upfront can feel like a barrier, especially for first-time buyers who don't understand the process yet.

2. There's a philosophical disagreement about when formal representation should start. Mississippi, Alabama, Wyoming, and the other states pushing these bills believe representation should formalize when something substantive happens—submitting an offer, negotiating terms, signing contracts. Walking through a house with someone doesn't necessarily rise to that level.

The state Realtor associations in Wyoming and West Virginia publicly confirmed they support their respective bills. That tells you this isn't just a legislative overreach issue. Some agents and associations believe the NAR settlement overshot.

Texas Still Requires Buyer Agreements

Here's what matters for agents working in Texas: we're still operating under the NAR settlement rules.

Texas law already required buyer representation agreements before "substantive actions," and after the NAR settlement, that was tightened further. You can unlock a door and let a buyer walk through a property without a signed agreement, but the moment you start offering advice, opinions, or guidance on the property, you need paperwork in place.

That means if a buyer asks, "Do you think this is a good price?" or "What's the neighborhood like?" and you answer in any meaningful way, you've crossed into representation territory. You need a signed agreement at that point.

Texas isn't loosening that requirement. There's no pending legislation here that mirrors what Mississippi, Alabama, Wyoming, or West Virginia are doing. For now, Texas agents follow the NAR settlement framework.

What This Trend Means for You

Even though Texas isn't changing its rules, these state-level pushback efforts matter. Here's why:

1. The NAR settlement terms might not be as permanent as they seemed. If enough states pass laws that conflict with the settlement, NAR and the plaintiffs' attorneys may have to renegotiate or clarify terms. The settlement was designed to be a national framework, but real estate is regulated at the state level. If half the states say "we're doing it differently," the settlement loses teeth.

2. Buyer expectations are going to get messy. A buyer relocating from Wyoming to Texas might expect to tour homes without signing anything because that's how it works in their state. You'll have to explain why Texas requires it. That conversation isn't hard, but it requires clarity and confidence in your value proposition.

3. This reinforces that buyers still don't fully understand representation. The fact that multiple states are debating when buyer agreements should be required tells you that the average buyer isn't clear on what agent representation actually means. That's an education problem, and it's your job to solve it in every initial conversation.

How to Handle Buyer Agreement Conversations

The agents who are struggling with buyer agreements right now are the ones who can't clearly articulate what they do and why it's worth signing an agreement. If your pitch sounds like "NAR says I have to get this signed," you've already lost.

Here's what works better.

Lead with value, not compliance. Don't say, "I need you to sign this because my brokerage requires it." Say, "Before we start looking at homes, let's talk about how I'm going to help you. My job is to make sure you don't overpay, negotiate repairs and seller concessions, coordinate with your lender, and protect you from issues that could blow up the deal. This agreement just formalizes that I'm working for you, not the seller."

Explain what happens without representation. Walk buyers through what it looks like to tour homes without an agent. They're looking at listings online, showing up to open houses, and asking the listing agent questions. The listing agent works for the seller. Their job is to get the highest price and best terms for their client. Without your own representation, you're flying blind. The buyer agreement ensures someone is in your corner.

Use real examples. Tell them about the last time you saved a buyer $15,000 in an inspection negotiation. Talk about the appraisal gap you navigated that kept a deal together. Give them specifics. General statements about "market knowledge" don't cut it anymore. Show them the ROI of hiring you.

Be confident. If you act like the buyer agreement is an inconvenience, the buyer will treat it like one. If you present it as a normal, professional step in the process, most buyers will sign without hesitation.

The Bigger Question: What Is Your Value?

These state-level pushback efforts are a symptom of a larger issue in the industry. For years, too many buyer's agents provided minimal value—unlocking doors, filling out forms, and collecting a paycheck. The NAR settlement exposed that. Now agents are being forced to justify their commission upfront, and some can't do it convincingly.

The agents who will thrive in this environment are the ones who can clearly articulate what they bring to the table. You're not a door opener. You're a market analyst, a negotiation strategist, a transaction coordinator, and a risk manager. You save buyers money, time, and stress. That's worth compensation, and it's worth a signed agreement.

If you can't explain that to a buyer in two minutes, you need to work on your pitch. Practice it. Refine it. Know your numbers. Be ready to show specific examples of deals you've closed, problems you've solved, and money you've saved clients.

The states passing these laws aren't wrong to question whether a buyer agreement should be required before a property tour. That's a reasonable debate. But the underlying truth is still the same: good buyer representation is valuable, and agents who provide it shouldn't have trouble getting agreements signed.

Texas Agents: Stay the Course

For now, nothing changes in Texas. You still need buyer agreements in place before providing substantive advice or services. The rules are clear, and your broker expects you to follow them.

But watch what's happening in other states. This trend isn't going away. More states are likely to follow Mississippi and Alabama. NAR may be forced to revisit parts of the settlement. Buyer expectations will continue to evolve.

The best thing you can do is double down on your value proposition. Know your worth. Be able to explain it clearly. Make signing a buyer agreement the obvious next step in a conversation where you've already demonstrated how you're going to save them money and protect their interests.

And remember: you keep 100% of your commission on every deal when you're with a flat-fee brokerage. At RaiderX Realty, that's $99 a month for individual agents. No splits. No transaction fees. No surprises. Just you, your clients, and the full commission you earned.

Whether you're navigating buyer agreements in Texas or keeping up with state-level regulatory changes, you need a brokerage that gives you the tools and support to do your job without taking 20-30% of your paycheck. That's the value proposition on the brokerage side. Make sure yours stacks up.

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