Texas MLS Rule Changes 2025–2026: What Actually Changed, What’s Legal, and What Agents Must Do Now
Last updated: February 9, 2026
If you’re a Texas real estate agent, you’ve felt the ground shift beneath your feet. The Texas MLS rule changes that rolled out through 2024 and into 2026 represent the most significant operational transformation in decades. Compensation fields vanished from your MLS overnight. Buyer agreements became mandatory before showings. And a new state law added legal teeth to what started as industry policy.
According to the National Association of Realtors, these changes stem from a $418 million settlement that restructured how agents disclose and negotiate commissions nationwide. But Texas didn’t just follow the national playbook. The state went further, faster, and harder than most markets.
📌 Texas MLS Changes — What You Need to Know (90-Second Summary)
❌ No compensation in MLS — anywhere (fields, remarks, attachments, or links)
✍️ Written buyer agreement required before showings (MLS policy + Texas law)
⚖️ SB 1968 makes this a legal requirement, not just MLS policy
💰 Sellers can still pay buyer agents — but negotiations happen off-MLS
🚨 Fines start at ~$1,000 for MLS violations
📋 Your buyer agreement is now your most important document
👉 If you do nothing else: Update your buyer agreement, pre-tour consult, and compensation scripts.
What Changed in Texas MLS Rules (and Why It Matters)
The Texas MLS rule changes center on two fundamental shifts. First, you can no longer advertise buyer’s agent compensation anywhere in the MLS. Second, you must have written buyer agreements in place before showing properties.
The Multiple Listing Service, which once displayed clear “3% to buyer’s agent” fields, now shows nothing about compensation. That information must move entirely outside the MLS system.
How Compensation Flows Now (Before vs. After)
Before: Buyer → Browse MLS → See compensation → Schedule tour → Make offer
Now: Buyer → Sign written agreement → Contact listing agent about compensation → Negotiate terms → Tour properties → Make offer
Why Texas Went Further Than Most States
SB 1968 Made Buyer Agreements State Law
Many states left buyer agreement requirements as MLS policy only. Texas codified it into the Texas Occupations Code through Senate Bill 1968, effective January 1, 2026. This means violations can trigger Texas Real Estate Commission discipline.
Faster MLS Enforcement Timeline
NTREIS removed compensation fields by July 29, 2024—earlier than many MLSs nationwide. South Texas MLS followed on August 6, 2024, and Houston’s HAR implemented changes by August 16, 2024.
Higher Penalties and Automated Detection
The Listing Data Checker actively scans for compliance violations. Fines starting at $1,000 for first offenses, escalating to $15,000 or membership termination, represent more aggressive enforcement than many MLSs employ.
Texas MLS Comparison Table
| Texas MLS | Date Fields Removed | Buyer Agreement Required? | Fines Start At | Special Notes |
|---|---|---|---|---|
| NTREIS/MetroTex | July 29, 2024 | Yes (June 24, 2024) | ~$1,000 | Listing Data Checker automated enforcement |
| South Texas MLS | August 6, 2024 | Yes | Not publicly stated | Clear guidance on off-MLS negotiation |
| HAR (Houston) | August 16, 2024 | Yes | Yes | Member fact sheet and resources issued |
The NAR Settlement That Started It All
In March 2024, the National Association of Realtors settled the Burnett and Sitzer antitrust lawsuits for $418 million. Plaintiffs argued that NAR’s MLS rules artificially inflated commissions by requiring listing brokers to publish buyer’s agent compensation in the MLS.
What the NAR Settlement Actually Requires
Rule 1 — No compensation in MLS
- No fields, remarks, attachments, or links showing compensation
- No backdoor mechanisms or workarounds
Rule 2 — Written buyer agreement before showings
- Applies to in-person and live virtual tours
- Must include specific compensation terms
Rule 3 — MLS cannot host compensation mechanisms
- No MLS-linked tools for posting compensation offers
How Texas MLSs Implemented the New Rules
NTREIS and MetroTex (Dallas-Fort Worth)
NTREIS removed all compensation fields effective July 29, 2024. The MLS stripped every field showing compensation type across all property categories. The system uses a Listing Data Checker to enforce compliance, with fines starting at $1,000.
NTREIS added a “Seller Concession? Y/N” toggle. You can describe concessions in remarks, but cannot condition them on paying a buyer’s agent.
South Texas MLS and HAR (Houston)
South Texas MLS updated August 6, 2024, removing Commission Variable Rate, Buyer’s Agency Compensation, Sub-Agent Compensation, and Leasing Office Compensation fields. HAR confirmed that as of August 16, 2024, all compensation fields were removed.
All compensation discussions now happen through buyer-broker agreements, listing agreements, contract language, and broker-to-broker agreements outside the MLS.
Texas State Law: SB 1968 Adds Another Layer
Texas passed Senate Bill 1968, effective January 1, 2026. According to legal summaries from Texas REALTORS®, SB 1968 amended sections 1101.652 and 1101.563 to require written agreements by law before showing residential property.
Bottom line: Even if your MLS allowed it, Texas law would still require a written buyer agreement. This clarifies the hierarchy: State law > MLS rules > NAR policy.
How Buyer’s Agents Must Adapt Their Workflow
Pre-Tour Consultation Becomes Mandatory
Your consultation should cover what agency services you provide, how you get paid, what happens if the seller doesn’t contribute, and the buyer’s obligation under different scenarios.
Sample Script #1 — Pre-Tour Conversation:
“Before we tour homes, Texas law requires a written buyer agreement. This doesn’t lock you in forever—it simply clarifies how I get paid and protects both of us. Let me walk you through the options.”
Your Agreement Must Specify Clear Compensation
According to NAR’s requirements, your agreement must include:
- A concrete, objectively determinable fee (“2.5% of purchase price,” “$8,000 flat fee,” or “$200 per hour capped at $15,000”)
- A cap on what you can accept from any source
- A statement that commissions are negotiable and not set by law
Sample Script #2 — Compensation Conversation:
“If the seller doesn’t pay my fee, you may be responsible under our agreement. In most cases we ask the seller to cover it as part of negotiations, but we need this clarity upfront to comply with Texas law.”
Mini Case Study: Dallas Buyer Scenario
Buyer purchase price: $500,000
Agent fee in agreement: 2.5% = $12,500
Seller offers to pay: $8,000
Buyer pays difference: $4,500
The buyer’s agent negotiated the $8,000 seller contribution through direct conversation with the listing agent. The remaining $4,500 was paid by the buyer at closing.
What Listing Agents Need to Know
Your job is no longer just marketing the home—it’s designing a compensation strategy that attracts buyer agents while staying compliant.
You Cannot Post Compensation in the MLS Anywhere
No compensation in MLS data fields, public or private remarks, uploaded flyers or documents, or MLS-linked virtual tours. Violations trigger fines starting at $1,000.
Where You Can Share Compensation Information
You CAN share via:
- Direct email to other brokers
- Broker-to-broker phone calls
- Private portals not fed by MLS data
- Brokerage newsletters
You CANNOT share via:
- MLS remarks or fields
- MLS-uploaded documents
- MLS-linked websites
- IDX feeds
- MLS chat systems
Common Compliance Pitfalls (And How to Avoid Them)
🚨 High-Risk Mistakes That Trigger Fines
Writing “buyer’s agent friendly” in MLS remarks — Even indirect language can trigger automated detection
Uploading a flyer mentioning commission — Any MLS-hosted document must be compensation-free
Sending compensation via MLS chat — MLS communication systems cannot be used for compensation discussions
Embedding compensation in virtual tour links — Tours linked from the MLS must contain no compensation information
Texas MLS fine schedules start at $1,000 for first violations and escalate for repeated infractions. With SB 1968 in force, showing without required written agreements can trigger Texas Real Estate Commission discipline.
What This Means for Buyers and Sellers
For Buyers
More transparency: You see exactly what you’re paying your agent upfront
Possibly more out-of-pocket costs: Some sellers won’t offer buyer-agent compensation
Earlier commitment required: You must sign a buyer agreement before touring properties
For Sellers
More control over compensation strategy: You decide whether to offer buyer-agent compensation and how much
Potential impact on buyer interest: Low or absent compensation may reduce your buyer pool
Greater need for strategic pricing: Your list price may need to account for buyer-agent costs
Strategic Opportunities in the New Landscape
Smart agents find advantages in every market shift. The Texas MLS rule changes create real opportunities:
Differentiate on transparency: Offer a standard “Compensation Clarity Session” for new clients with a one-page summary showing how your fee works under different scenarios.
Use creative fee models: Consider flat-fee representation for specific price bands, hourly consulting retainers with success bonuses, or partial-service packages for sophisticated buyers (where brokerage policy allows).
Strengthen buyer pipelines: Agents who offer clean explanations, friendly presentations, and short-term trial options convert more online leads.
Reposition with sellers: Show you actively design compensation strategy rather than defaulting to standard splits. Offer scenario modeling on estimated net proceeds.
What’s Likely Next in Texas
More flat-fee models: Expect more agents offering fixed-price services as alternatives to percentage-based compensation.
More buyer-paid compensation: As sellers test lower or zero buyer-agent offers, more buyers will pay agent fees directly.
More MLS audits: Texas MLSs have demonstrated aggressive enforcement. Expect continued scrutiny and expanded automated detection.
More creative brokerage packages: Brokerages will develop tiered service offerings combining traditional representation with à la carte options.
FAQs: Texas MLS Rule Changes
Do sellers in Texas still pay the buyer’s agent?
Sometimes yes, sometimes no. Sellers can still pay buyer’s agents either directly in the TREC contract or indirectly through listing broker commission sharing. But they’re not required to advertise that payment in the MLS.
Can I mention buyer’s agent commission anywhere in the MLS?
No. NAR’s settlement and Texas MLS policies prohibit compensation mentions in dedicated fields, remarks, attachments, or media hosted by the MLS.
Is a written buyer agreement really mandatory before every showing?
Yes, in practice, if you’re acting as the buyer’s agent. NAR policy requires MLS participants working with buyers to have written agreements before tours. Texas law (SB 1968) separately requires written agreements before showing residential property.
What if a listing offers zero to buyer’s agents? Should I still show it?
You owe buyers fiduciary duties including showing suitable properties even without guaranteed compensation. Best practice: explain the situation to buyers and decide together whether to ask the seller in the offer to pay some or all of your fee, or have buyers pay you directly.
What are the actual penalties for violations?
Texas MLS fine schedules start at approximately $1,000 for first compensation-related violations and escalate for repeated infractions. MLSs have authority to suspend access or terminate membership. Under SB 1968, showing without required written agreements can trigger Texas Real Estate Commission discipline.
Your Next Steps
The Texas MLS rule changes aren’t going away. Successful agents will be those who master the new compliance requirements while finding competitive advantages in transparency and service design.
Start by auditing your current buyer and listing processes against the rules outlined here. Update your buyer agreement templates to include all mandatory provisions. Train your team on compliant compensation discussions that happen entirely outside the MLS.
The agents who thrive won’t be those who resist these changes or try to game them. They’ll be the ones who embrace transparency, explain value clearly, and build trust through superior service rather than hidden commission structures.
