Montana has NOT passed its own state statute codifying NAR-settlement-style buyer representation agreement requirements, unlike Texas (SB 1968) or California (AB 2992). Montana already had a pre-existing state law, MCA 37-51-313 (in conjunction with 37-51-102(7) and Board of Realty Regulation rule ARM 24.210.641), requiring a written buyer-broker agreement before a broker/salesperson performs buyer-agent acts — this dates back to 1995 and was last amended in 2023, well before the NAR settlement. What is new as of the August 17, 2024 national NAR settlement practice-change date is (a) the requirement that this written agreement be signed BEFORE touring homes (in-person or virtual), and (b) that it contain specific, objectively ascertainable (not open-ended) compensation terms. These new specifics come from NAR's national MLS Participant Rule/settlement-mandated practice changes, implemented locally through Montana Regional MLS (406mls.com) and local Realtor associations (e.g., Northwest Montana Association of Realtors, Missoula Organization of Realtors), NOT through new Montana legislation. The 2025 Montana legislative session, tracked by the Montana Association of Realtors, contained no bill addressing buyer agency agreements or broker compensation. So Montana is best described as a hybrid: it has a genuine, real, pre-existing state statute mandating written buyer agreements (unlike pure MLS-rule-only states), but it has NOT enacted new state legislation codifying the NAR settlement's specific pre-tour-timing and compensation-disclosure requirements — those flow entirely from the national settlement and MLS policy, similar in that narrow respect to New York's approach.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.