Forms revisions facilitate national settlement changes

With new changes resulting from the National Association of REALTORS® settlement, the Utah Association of REALTORS® has revised its forms library to comply with these settlement requirements:

  1. The removal of offers of compensation from the MLS.
  2. The requirement that REALTORS® sign a written agreement with their buyer before touring a home.

The following is a list of the forms affected by the settlement and a summary of the key features and changes. Each of these forms is available for review in the Forms Library at UtahRealtors.com.

Updated Form: Real Estate Purchase Contract

Video Explanation

The Attorney General’s Office has approved updates to Section 4.3 (e) and 4.3 (f) to allow the buyer to ask the seller to compensate the buyer’s brokerage directly in the REPC.

Key features:

  • Allows a buyer to ask a seller to pay the buyer’s brokerage fee.
  • Clarifies that the seller’s payment is in addition to any compensation sharing agreed to between the listing broker and buyer’s broker.
  • Clarifies that the amount of the seller’s contribution shall not exceed the compensation amount agreed to between the buyer and the buyer’s brokerage.

Updated Form: Exclusive Buyer-Broker Agreement and Agency Disclosure

Video Explanation

While the form is very similar to the previous version, UAR has updated it to comply with the terms of the settlement and provide flexibility between the buyer and the buyer’s brokerage. REALTORS® should discuss the terms of the agreement with their buyers and ask if the buyer has entered into any other agreements.

This form is effective upon signing and continues to protect the public by establishing a fiduciary relationship with the buyer’s brokerage. Having this form signed prior to showing a property satisfies the requirement for a written agreement in the settlement.

Key features:

  • Allows for flexibility for brokerage and buyer to negotiate terms.
  • Allows the agreement to be for one day, six months or any time period negotiated.
  • States the amount of compensation the buyer is obligated to pay. This is not open-ended.
  • Allows the buyer’s financial obligation to be offset by a third party.
  • Emphasizes that brokerage fees are fully negotiable.
  • Adds an end date to clearly state when the agreement ends.
  • Clarifies that the agreement is either county-specific or property-specific, not both.
  • States that the brokerage may not accept compensation from any source greater than what is agreed to in the Buyer-Broker Agreement.
  • Adds a section to specify any properties excluded from the agreement because of a representation agreement with another brokerage.

Updated Form: Exclusive Right to Sell Listing Agreement and Agency Disclosure

Video Explanation

The main changes to this form are in sections 2.1, 2.2 and 2.3 and address compensation sharing. Instead of having the listing and buyer-brokerage fees rolled into one, this form separates them. This clearly delineates how much the seller will pay the listing brokerage and, if applicable, how much the seller authorizes the listing brokerage to compensate to the buyer’s brokerage. This form accounts for the fact that the amount and method of buyer agent compensation is not known at the time the listing agreement is signed.

Key features:

  • Allows for flexibility for listing brokerage and seller to negotiate terms.
  • Emphasizes that brokerage fees are fully negotiable.
  • Adds an end date to clearly state when the agreement ends.
  • Specifies in Section 2.1 the amount of compensation for the listing brokerage only.
  • Authorizes in Section 2.2 the listing broker to advertise and pay compensation up to a certain amount to a buyer’s brokerage.
  • Uses Section 2.3 to authorize the Section 2.2 buyer-broker compensation to be added to the brokerage fee if a written brokerage compensation agreement is established.

Updated Form: Real Estate Brokerage Payment Addendum

Video Explanation

This form allows a buyer to request as part of the Real Estate Purchase Contract that a seller help pay the buyer-broker fee. This form may be used less frequently as Section 4.3 of the Real Estate Purchase Contract has been updated to allow the buyer to ask the seller to compensate the buyer’s brokerage directly in the REPC without an addendum.

Key features:

  • Allows a buyer to ask a seller to pay the buyer’s brokerage fee.
  • Clarifies that the seller’s payment is in addition to any compensation sharing agreed to between the listing broker and buyer’s broker.
  • Authorizes the escrow/closing office to withhold the amount specified from the seller’s proceeds.
  • Adds a section for additional terms to provide flexibility for various transactions.

New Replacement Form: Real Estate Brokerage Compensation Agreement

Video Explanation

Under the NAR settlement, a listing brokerage may compensate a buyer’s brokerage. Because the compensation agreement is now removed from the MLS, this form creates a compensation agreement between the brokerages. This is a replacement to the previous escrow instructions form.

Key features:

  • This form is between brokerages.
  • For transparency, clients acknowledge the agreement.
  • The payment offsets the buyer’s obligation to their brokerage.
  • Payment is conditioned upon the successful closing of a transaction.
  • Requires brokers to arbitrate if there is a dispute.

New Temporary Form: Addendum to Exclusive Buyer-Broker Agreement

This addendum modifies an Exclusive Buyer-Broker Agreement executed prior to settlement implementation.

Key features:

  • Updates the previous Exclusive Buyer-Broker Agreement to make it compliant with the settlement.
  • Replaces the language in sections 2.2 and 2.3 of the previous Exclusive Buyer-Broker Agreement.
  • This form is not needed for clients who sign the newly revised Exclusive Buyer-Broker Agreement.

New Temporary Form: Addendum to Exclusive Right to Sell Listing Agreement

This addendum modifies an Exclusive Right to Sell Listing Agreement executed prior to settlement implementation.

Key features:

  • Updates the previous Exclusive Right to Sell Listing Agreement to make it compliant with the settlement.
  • Replaces the language in Section 2 of the previous Exclusive Right to Sell Listing Agreement.
  • This form will not be needed for clients who sign the newly revised Exclusive Right to Sell Listing Agreement.

If you have any questions about the new and updated forms, please call the UAR Legal Hotline at (801) 676-5211.

My REALTOR Story Ad Campaign

Videos of real client stories airing August-October and Spring 2025

The UAR has launched a consumer advertising campaign to communicate with Utah homebuyers the value of using a Utah REALTOR®. Ads are airing on digital media, social media, internet radio, traditional radio, streaming and digital TV, and traditional TV. Ads air August through October and again in the spring.

The ads feature four sets of Utah buyers telling their personal experiences of the incredible value they received when they hired a Utah REALTOR®. Please use the resources below to help share the campaign.

Campaign Schedule

See when and where the ads will run.

Consumer Website

MyRealtorStory.com

Facebook/Instagram

Video Ads

Audio Ads

Sponsored Content

Buying a home this spring? Avoid these 5 costly pitfalls

Convention 2024 Speakers

Deb Gabor

“Leading Expert” doesn’t come close to describing Deb Gabor’s passion for brands. More accurate? Brand Guru. Brand Impresario. Brand Evangelist. She’s written the book on branding (three times!) with bestsellers, “Branding is Sex,” “Irrational Loyalty,” and “Person-ality.” She’s the founder and CEO of Sol Marketing, a strategy-led marketing firm obsessed with solving major business and branding problems for clients in every industry. Companies throughout the world use Deb’s “Brand Values Pyramid,” “Ideal Customer Archetype” and “Brand Swagger Questions” to align their teams and articulate their brands to audiences.

Deb also lends her brand authority with frequent contributions and commentary to major news outlets such as Entrepreneur, Forbes, FORTUNE, Inc., MediaPost, New York Times, NPR, USA Today, Wall Street Journal and The Washington Post. Business and marketing organizations regularly call on Deb as a keynote speaker and workshop leader, relying on her as an inspiration for executives to embrace the power of branding to create “Marketing That Sells.”

 

Pam Ermen

Pamela Ermen began her full-time real estate career at 18, quickly achieving an award-winning sales record by 20 and transitioning to management by 24. Over four decades, she has mastered all facets of real estate, managing over 25,000 transactions and owning 28 properties at her investment peak. 

Pam has coached numerous agents and teams to peak productivity, including growing a new office to 168 agents. Her expertise has made her a sought-after speaker and trainer both nationally and internationally. Returning to sales in 2018, Pam’s extensive experience in management, sales and leadership make her an exceptional instructor and keynote speaker. 

She has succeeded in both private and franchise business models, authored two real estate training series, and was named Virginia’s “Real Estate Educator of the Year.” As president of Real Estate Guidance, Inc., she continues to provide coaching and training. 

 

Bryce Olsen

Bryce is a Utah native and lives in North Ogden with his wife and four children. He enjoys fishing, golfing and traveling with his family. As a dedicated husband and father, Bryce can appreciate the heart of obtaining the dream of homeownership.

As a mortgage consultant for the past 15 years, including managing a branch, Bryce is passionate about providing his clients with a world-class experience. His expertise ranges from first-time buyers, investors, new construction, move-up buyers and all levels in between. He is extremely knowledgeable with program guidelines and understands the wide variety of loan programs available to structure the best loan to meet his clients’ needs. Bryce is a master solution-finder, which enables him to help his clients through the most complex loan scenarios. He is results-driven and keeps his clients’ best interests at heart.

 

Kim Cameron

Kim wears many hats in the real estate industry — she is an “in-the-trenches” practicing real estate agent leading an effective sales team in the St. Louis, Missouri, area, and she speaks, teaches and mentors real estate agents across the country. Kim has a wide array of knowledge and experience to share with her real estate peers and a track record of success to back it up.

If you are looking for humor, fun and someone who will keep the entire room engaged from beginning to end with content and implementable tactics, Kim is the speaker for you.

 

Shane Norris

Shane Norris joined Summit Sotheby’s International Realty in 2017 as general counsel for its agents and brokers, contributing his over 20 years of insight and experience on legal matters related to real estate transactions. Through the expansion of the Summit Sotheby’s ownership group, Shane is now general counsel for Sotheby’s franchises in Nevada, California, Idaho and Utah. Shane previously was Coldwell Banker/NRT’s in-house litigation counsel as well as the general counsel and president for a Utah title insurance company.

Raised in Las Vegas where he obtained an undergraduate degree at the University of Nevada, Las Vegas, Shane moved to Utah to attend the University of Utah, SJ Quinney College of Law. Shane went on to private practice in insurance defense and real estate litigation. He now instructs on current legal issues relevant to the real estate licensee, in addition to offering continuing education classes specializing in real estate challenges. Shane also contributes his legal knowledge to the greater community as a member of both the Park City and Utah Association of REALTORS® (UAR) forms committees.

 

Kreg Wagner

Kreg Wagner is legal counsel for the Utah Association of REALTORS® and has been with the UAR since 2012. In his role as legal counsel, Kreg oversees the UAR’s Legal Hotline and the UAR Forms Committee. Conservatively, Kreg has answered over 100,000 questions on the UAR’s Legal Hotline on topics ranging from contract formation and dispute resolution to real property and agency law. Kreg is a licensed continuing education instructor and teaches a variety of real estate law classes to real estate licensees. Kreg received his bachelor’s degree in communication, with an emphasis in public relations, from BYU Idaho and his juris doctorate from the University of St. Thomas School of Law in Minnesota.