Buyer-Agent Agreements in New York
Unlike Texas and California, New York has not passed a state law codifying buyer representation requirements — the rule is enforced through MLS participation rules (NAR Rule 8.13) and NYSAR/REBNY compliance rather than a standalone statute, though this could change with pending state legislation.
Requirements
- MLS Participants (which covers the large majority of residential agents statewide) must sign a written agreement with a buyer before touring a home
- Agreement must disclose the specific amount or rate of broker compensation and how it's determined
- Compensation must be objective (flat fee, percentage, or hourly) — not open-ended
- Must include a clear statement that all fees and commissions are negotiable and not set by law
- REBNY member agents in NYC have followed these rules since January 13, 2025
- Because there's no state statute yet, requirements currently flow from MLS/association membership rules rather than the Real Property Law — a buyer working with a non-MLS agent may see different practices
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.