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Buyer-Agent Agreements in Pennsylvania

Pennsylvania has NOT passed its own statute codifying buyer-agent representation agreement requirements in response to the August 2024 NAR settlement — it is in the same category as New York, relying on the national NAR settlement and MLS participation rules rather than new state legislation. There is no PA equivalent to Texas's SB 1968 (eff. Jan 1, 2026) or California's AB 2992 (eff. Jan 1, 2025). The operative practice changes in PA flow from NAR's nationally mandated MLS policy changes that took effect August 17, 2024, implemented locally through Pennsylvania Association of Realtors (PAR) standard forms (updated/released August 1, 2024), including a revised Exclusive Buyer Agency Contract (BAC), Non-Exclusive Buyer Agency Contract (NBA), Cooperative Broker Compensation form, and a new 'Notice of 2024 Policy Changes' form. Separately, Pennsylvania has long had its own pre-existing statute — the Real Estate Licensing and Registration Act (RELRA), 63 P.S. section 455.606a, plus its implementing regulations at 49 Pa. Code sections 35.331 and 35.336 (adopted 1989/2000, last amended 2002/2008) — that independently requires a signed written agreement before a licensee can collect a fee/commission from a consumer, and a 'Consumer Notice' disclosure at the initial interview. This RELRA framework predates and is unrelated to the 2024 NAR settlement; PA has not amended RELRA specifically because of the settlement. No 2025-2026 PA General Assembly bill addressing buyer-broker agreements in response to the settlement was found (PA's 2024 real-estate-related Act 52 concerned wholesaling, not buyer agency/NAR settlement compliance). Bottom line: PA's buyer-agreement requirements today come from (a) longstanding state law/regulation (RELRA) requiring a signed writing to collect compensation, and (b) the national NAR/MLS rule requiring a written buyer agreement before touring homes — not from any new PA statute mirroring TX or CA.

Requirements

Under RELRA (63 P.S. section 455.606a) and 49 Pa. Code section 35.331 (PA state law/regulation, predates the NAR settlement): a licensee may not collect a fee, commission, or other valuable consideration from a consumer unless the nature of the service and the fee are set forth in a written agreement signed by the consumer.
Under 49 Pa. Code section 35.336: licensees must provide a written 'Consumer Notice' at the initial interview stating that no agency relationship is presumed and that the consumer is not represented unless they sign a written agreement.
Under the NAR settlement's nationally mandated MLS practice changes (effective August 17, 2024, applicable to PA brokers via MLS participation, not state law): a broker/agent working with a buyer must enter into a written buyer-broker agreement before touring any home with that buyer.
Compensation terms must be negotiated and stated in the written buyer agreement; a buyer's broker may not receive compensation greater than what is specified in that agreement (though they may agree to accept less), regardless of whether funds come from the buyer, seller, or listing broker.
Offers of broker-to-broker cooperating compensation may no longer be published on the MLS; compensation to buyer brokers must be negotiated off-MLS (directly between parties, via seller concession, or other means).
In Pennsylvania specifically, these settlement-driven practice changes are implemented through Pennsylvania Association of Realtors (PAR) standard forms released/updated August 1, 2024, including the Exclusive Buyer Agency Contract (BAC), Non-Exclusive Buyer Agency Contract (NBA), Cooperative Broker Compensation form, and the new Notice of 2024 Policy Changes form used to inform existing clients of the changes without re-signing prior agreements.

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.

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