No Arizona law requires you to use a real estate agent to buy or sell a home. But if you want to tour homes with an agent who is an MLS participant, you'll sign a written buyer agreement first. Since August 17, 2024, that agreement spells out exactly what your agent is paid, commissions are fully negotiable and not set by law, and a seller may still agree to cover some or all of it.
"Do I even need an agent anymore?" I hear that one a lot more since the rules changed in 2024, and it's a fair question. The headlines made it sound like everything about buying and selling a home flipped overnight. Some things did change, mostly around paperwork and who pays whom. Here's what actually changed, how it works in Arizona today, and how to decide whether you want an agent at all.
The New RulesWhat Changed in 2024
In 2024 the National Association of REALTORS® settled a set of lawsuits over how agents get paid. The practice changes from that settlement took effect on August 17, 2024, and they apply to agents who work with buyers through a Multiple Listing Service (MLS). Three things matter most for you:
- A written agreement before touring. If an MLS-participant agent shows you a home, in person or on a live virtual tour, you sign a written agreement with them first. Walking into an open house or asking an agent about their services doesn't require one.
- No compensation offers on the MLS. Listings can no longer advertise an offer to pay the buyer's broker on the MLS. Sellers can still make those offers outside the MLS.
- Fees spelled out in writing. Your buyer agreement has to state your agent's compensation in a specific, objective way, and your agent can't collect more than that amount from any source.
Do Buyers Need an Agent?
Legally, no. You can find a home online, call the listing agent, and write an offer on your own. Some buyers do. What you give up is someone whose job is to represent you: to tell you what the house is worth, write the offer, track the contract deadlines, and negotiate repairs after the inspection.
If you do want an agent, the first real step now is the buyer agreement. Under the settlement rules, it has to include:
- The compensation, stated clearly. A flat fee, a rate, or another fixed method. It can't be open-ended, like "whatever the seller offers."
- A cap. Your agent can't receive more than the agreed amount from any source, including the seller.
- A plain statement that broker fees and commissions are fully negotiable and not set by law.
Beyond those, read for the term (how long it lasts and how it ends), the area or homes it covers, whether it's exclusive, and the services your agent will provide. Every one of those is something you can talk through before you sign.
The Arizona Forms
Most Arizona agents use forms written by the Arizona REALTORS® (the Arizona Association of REALTORS®, or AAR). For the August 2024 changes, AAR revised its exclusive buyer agreement and added new forms. Later revisions emphasized that any compensation has to be a fixed amount or rate.
| AAR form | What it does | Type | Good fit for |
|---|---|---|---|
| Buyer-Broker Exclusive Employment Agreement | You hire one brokerage to represent you for a set term. Compensation, term and duties are written in. | Exclusive | Buyers ready to search seriously with one agent. |
| Buyer-Broker Agreement to Show Property | A shorter agreement that lets an agent show you homes without an exclusive commitment. Compensation is still stated. | Non-exclusive | Buyers who want to tour before choosing an agent. |
| Buyer-broker agreement addendum | Changes or adds terms to either agreement. | Either | Buyers and agents who negotiated custom terms. |
Form names and versions come from the Arizona REALTORS® sample forms library. Your agent's brokerage may use its own version. Read whatever you're handed in full.
Moose's take: Treat the buyer agreement as your first real conversation with your agent. Ask your agent to walk you through the compensation line, how long the agreement runs, how you can end it, and what they'll do for you. If something doesn't fit, ask to change it. A good agent would rather answer those questions on day one than have you surprised at closing.
Who Pays the Agent Now?
Whoever agrees to, in writing. Nothing in the 2024 changes stops a seller from helping. It just has to be negotiated instead of posted on the MLS. In Arizona that usually happens one of three ways:
The Seller Pays the Buyer's Broker
A seller can agree to pay your broker directly. AAR's Seller Compensation Addendum is built for this, and it's separate from any credit the seller gives you toward closing costs.
Seller Concessions
You can ask the seller for a credit in your offer. The current AAR purchase contract allows seller concessions to go toward broker compensation, to the extent your lender allows.
The Buyer Pays
Whatever the seller doesn't cover is handled under the terms of your buyer agreement. Read that section closely so there are no surprises.
The Listing Agreement
Sellers sign a listing agreement with their own broker. That fee is negotiated between the seller and that brokerage, and it isn't set by law either.
One more Arizona detail: state rules require brokers to disclose in writing, at least three days before closing, the name of each broker who represents a party and will be paid from the transaction. If you want to see how any of this shows up on your settlement statement, our guide to Arizona closing costs walks through it, and our down payment guide covers the rest of your cash to close.
For SellersCan You Sell Without an Agent in Arizona?
Yes. Arizona lets owners sell their own property without a real estate license, and for-sale-by-owner (FSBO) sales happen in Tucson every year. It can work well, especially when you already have a buyer lined up. Here's an honest look at both sides.
Why Owners Go It Alone
- You don't pay a listing brokerage
- You control pricing, showings and timing
- It can be simple if you already know your buyer
What You Take On
- Pricing it right without a full market analysis
- Marketing without direct access to the MLS
- Writing or reviewing the contract and tracking its deadlines
- Negotiating with a buyer's agent, who may ask you to pay their fee
- Disclosure duties, and the liability if something is missed
Your Disclosure Duties Don't Go Away
Arizona sellers must disclose known material facts about the property, with or without an agent. Most sellers do that with the Seller's Property Disclosure Statement (SPDS), an Arizona REALTORS® form. The SPDS itself isn't written into state law, but the duty to disclose applies either way, and a completed SPDS is the clearest record of what you told the buyer. Other disclosures can apply too, like the federal lead-based paint disclosure for homes built before 1978, and an Affidavit of Disclosure for certain land in unincorporated parts of the county.
If you sell on your own, it's smart to have an Arizona real estate attorney review the contract and disclosures. And start with a realistic price: our guide to what your Tucson home is worth is a good place to begin.
The WorkWhat an Agent Actually Does
The showing is the part everyone sees. Most of the work happens around it:
- Pricing and strategy. Reading the comparable sales so you don't overpay or underprice.
- The contract. Filling out the AAR purchase contract, adding the right addenda, and explaining what you're agreeing to.
- Deadlines. Tracking the inspection period, the appraisal, loan status and closing date, because missing one can cost you leverage or your earnest money.
- Negotiation. The offer, the counter, and the repair request after the inspection.
- Coordination. Working with the lender, title and escrow, inspectors and the other agent until the keys change hands.
Timing matters too. If you're weighing whether to jump in this year, read should I buy now or wait before you sign anything.
Your Game PlanHow to Choose an Agent
- Check the license. Arizona agents must be licensed by the Arizona Department of Real Estate (ADRE). Search their name on the public database at azre.gov. It's free.
- Talk to more than one. Ask how they work, how often you'll hear from them, and how well they know the neighborhoods you want.
- Ask about compensation up front. Ask what they charge, how it's structured, and what services come with it. Remember that it's negotiable.
- Read the agreement before you tour. Check the term, the area it covers, whether it's exclusive, and how to end it.
- Pick someone you trust. You'll be talking to this person a lot over a few busy weeks. Fit matters.
Agent and Commission Questions We Hear Most
Do I have to sign a buyer agreement to look at houses?
If you want an agent who is an MLS participant to tour homes with you, in person or on a live virtual tour, yes. You don't need one to walk into an open house or to ask an agent about their services. The terms of the agreement are negotiable.
Who pays the buyer's agent now?
Whoever agrees to, in writing. Your buyer agreement sets what your agent is paid. A seller may agree to cover some or all of it, directly or through a concession, but that has to be negotiated, and your lender may set limits. Any amount the seller doesn't cover is handled under the terms of your agreement.
Is there a standard commission in Arizona?
No. Commissions and broker fees are fully negotiable and are not set by law. The amount is whatever you and your agent's brokerage agree to in writing.
Can I sell my house without a Realtor in Arizona?
Yes. Arizona lets owners sell their own property without a license. You take on pricing, marketing, showings, negotiation, the contract and the disclosures yourself, and you still must disclose known material facts about the home. Many owners who sell on their own have an Arizona real estate attorney review the paperwork.
Do I still need an SPDS if I sell without an agent?
The SPDS is an Arizona REALTORS form, not a form required by state statute, but the duty to disclose known material facts applies either way. Most sellers complete it because it is the clearest record of what they disclosed. Some disclosures, like lead-based paint for homes built before 1978, are required by federal law.
How do I check that an agent is licensed in Arizona?
Search the agent's name on the Arizona Department of Real Estate public database at azre.gov. It is free and shows the status of their license.
Ask Us Anything First
Talking with us costs nothing and doesn't require signing anything. We'll explain how we work, what we charge, and what the agreement says before you decide.
Talk With Our TeamThis article is for general information and education only. It is not legal, tax, or financial advice, and it is not legal advice about any contract, agreement, or form. Real estate commissions and broker fees are fully negotiable and are not set by law, and nothing in this article describes a standard or required fee. The Big Rock Realty Group is not affiliated with the Arizona Department of Real Estate or any government agency. Industry rules, Arizona REALTORS® forms, and MLS policies change often. Information is believed reliable but is not guaranteed. Read any agreement in full before signing it, and verify all information with an Arizona real estate attorney or tax professional before making decisions. You use this information at your own risk, and the Big Rock Realty Group, its agents, and Keller Williams Southern Arizona are not liable for decisions made in reliance on it. Links to outside websites are provided for convenience; we are not responsible for their content. Illustrations are AI-generated.
The Big Rock Realty Group is a team at Keller Williams Southern Arizona, 1730 E River Rd Ste 200, Tucson, AZ 85718. Each office is independently owned and operated. Equal Housing Opportunity. Not intended to solicit buyers or sellers currently under contract with another brokerage.
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