TL;DR: A buyer agent written agreement is required in Arkansas after the NAR settlement for agents who use the MLS. Since August 17, 2024, they must sign one with a buyer before touring a home. That is an NAR and MLS policy from the settlement, not an Arkansas Real Estate Commission rule, and AREC rules set no pre-showing requirement. Sellers can no longer advertise buyer-agent compensation on the MLS. They may still offer it off the MLS, with the amount or rate disclosed in writing in advance.
Is a buyer agent written agreement required in Arkansas after the NAR settlement?
For agents who use the MLS, yes. The National Association of Realtors consumer page says the practice changes effective August 17, 2024 mean agents 'will be required to enter into written agreements with buyers before touring a home.' That covers in-person tours and live virtual tours. It does not cover conversations at an open house or inquiries about an agent's services (NAR, page marked updated May 24, 2024).
The NAR Settlement FAQs (last updated September 5, 2024) spell out what the agreement must contain. Buyer and agent must agree in writing on how the agent will be paid 'prior to touring a home.' The agreement must disclose the amount or rate of compensation, or how it will be determined, in a specific and conspicuous way. The compensation must be objective, such as $0, a flat fee, a percent or an hourly rate, and not open-ended. The agreement must bar the agent from receiving pay from any source above the amount or rate agreed with the buyer. It must also state conspicuously that agent fees and commissions are fully negotiable and not set by law.
For a seller, the practical point is that a buyer's agent who walks through your home should already hold a signed agreement with that buyer. When an agent representing a buyer relocating to Northwest Arkansas asks for a showing, expect the request to come through your listing agent. Expect an agent who uses the MLS to have that agreement in place before the tour begins.
What do Arkansas Real Estate Commission rules require of buyer agents?
Arkansas licensing law is in Ark. Code Title 17, Chapter 42, and the Commission's rules are at 17 CAR § 220 (2026). Under 220-1009(a)(1), a licensee must see that the exact agreement of the parties is in writing, and 220-1009(a)(3) gives exclusive agency agreements as an example. Under 220-1009(b), it is strongly recommended that nonexclusive agreements be in writing. Under 220-1002(a), written agency agreements need a specific duration or expiration date.
Those provisions govern whether and how an agency agreement is put in writing. They do not say a buyer agreement must be signed before a showing. The tour requirement comes from NAR's practice changes and the forms agents use. Those are association and contract matters, not Arkansas statute.
How does the written buyer agreement change what a seller offers in the listing?
The biggest change is where compensation appears. Since August 17, 2024, offers of compensation 'are no longer allowed on Multiple Listing Service (MLS) platforms' (NAR). When you sell your home, you may still offer compensation to a buyer's agent off the MLS. You may also offer buyer concessions on the MLS, such as help with closing costs. The NAR FAQs say offers of compensation 'must be communicated off-MLS.'
Your listing agent must also clearly disclose to you, and get your approval for, any payment or offer of payment made to an agent acting for buyers. That disclosure must be in writing, in advance, and must specify the payment amount or rate (NAR Settlement FAQs, September 2024).
The buyer's written agreement bars the agent from receiving compensation from any source above the amount or rate the buyer agreed to (NAR Settlement FAQs, September 2024). If you offer more than that agreement allows, the agent's pay still cannot go above it. If you offer less, the buyer may have to cover the rest. A closing-cost concession is a different tool: NAR still allows it on the MLS, and it lowers the buyer's costs rather than paying the agent's fee. You can choose one, the other or both. Either way, settle the choice in writing with your listing agent before the listing goes live, stated as an amount or rate.
How do dual agency and the listing contract fit in?
If one brokerage ends up representing both sides, Arkansas requires written consent. 17 CAR § 220-803(a) requires consent from all parties no later than execution of the agency, listing, offer-and-acceptance or other real estate contract. Clients who consent may contractually waive the duty of absolute fidelity (Ark. Code § 17-42-316(b)(1)(B), added by Act 835 of 2025; 220-803(c)). Ark. Code § 17-42-311(a)(8) prohibits acting for more than one party without the knowledge of all parties (AREC License Law compilation, August 2025; 2026 AREC Rules).
The consent paragraph itself comes from the Arkansas REALTORS® Association listing and buyer forms. So do the compensation and protection-period terms in your agreement. Those are contract terms, not statute.
Sellers also should not assume they are better off without an agent. 91% of sellers used an agent, a record high (NAR 2025 Profile of Home Buyers and Sellers, November 2025). FSBO sales were 5% (NAR 2025 Profile of Home Buyers and Sellers, November 2025). Before you list your home in Bentonville, Rogers or Springdale, find the dual agency paragraph in the listing agreement. Ask your agent what duties you give up if you consent.
What should sellers do about the buyer agreement rules?
- Ask your listing agent for a written statement of what, if anything, you will offer a buyer's agent off the MLS, stated as an amount or rate. NAR requires that disclosure in writing and in advance (NAR Settlement FAQs, September 2024).
- Decide whether to put a closing-cost concession on the MLS, which NAR still allows, and confirm it with your agent before the listing goes live.
- Expect the buyer's agent to disclose in writing that they represent the buyer before you sign any document related to the sale (17 CAR § 220-802; the disclosure is due at first contact and must be in writing before you sign).
- Ask each listing agent you interview whether they confirm a signed buyer agreement before every private showing, and keep that confirmation in your listing file.
- Before you sign, ask your listing agent to show you where the compensation, consent and protection-period terms appear in the Arkansas REALTORS® Association forms.
Frequently Asked Questions
Can a buyer's agent show my Arkansas home without a signed agreement?
Not if the agent uses the MLS. Since August 17, 2024, NAR has required a written buyer agreement before a tour, whether in person or by live virtual tour (NAR, page updated May 24, 2024). The Arkansas provisions on written agreements, 17 CAR § 220-1002 and 220-1009, do not themselves set that requirement.
Can I still offer to pay the buyer's agent in Arkansas?
Yes, but not on the MLS. Offers of compensation have been barred from MLS platforms since August 17, 2024 (NAR), though you may offer buyer concessions on the MLS. Your listing agent must disclose any payment to a buyer's agent to you in writing and in advance, state the amount or rate, and get your approval.
Does an open house require a signed buyer agreement?
No. NAR says the written agreement requirement does not apply to conversations at an open house or to inquiries about an agent's services (NAR page updated May 24, 2024). An agent who uses the MLS and will later tour a home with that buyer, in person or by live virtual tour, must have the written agreement first (NAR, page updated May 24, 2024).
Is the written buyer agreement a state law in Arkansas?
No. The tour requirement comes from NAR's practice changes and the contract forms agents use. Arkansas rules do require a licensee to see that the exact agreement of the parties is in writing, with exclusive agency agreements as an example (17 CAR § 220-1009(a)(1) and (a)(3)). Written agency agreements must also carry a specific duration or expiration date (220-1002(a)).
If you are preparing to list, call 479-925-3333. Mason Capital Group will give you a written comparison of an off-MLS buyer-agent compensation offer and an on-MLS closing-cost concession, including how each affects your net proceeds, so you know what each choice means before the listing goes live.
About the author: Cameron Torabi, Principal Broker — Mason Capital Group. 30+ years of Northwest Arkansas real estate expertise; $2.4B+ in cumulative transaction activity (estimated).
Figures in this article are drawn from the National Association of Realtors consumer page (updated May 24, 2024; practice changes effective August 17, 2024), NAR Settlement FAQs (PDF, last updated September 5, 2024), the NAR 2025 Profile of Home Buyers and Sellers (November 2025), the 2026 AREC Rules, 17 CAR 220, the Arkansas Real Estate License Law (AREC compilation, August 2025) and Act 835 of 2025.