If you’ve toured a home in the Roaring Fork Valley recently, you’ve likely been asked to sign something before you ever stepped through the front door. That’s not a new sales tactic — it’s the result of real changes to how real estate works in Colorado, layered on top of a national settlement that reshaped the industry two years ago. Here’s what buyers actually need to know.
In 2024, the National Association of REALTORS® settled a set of class-action lawsuits over how buyer-agent commissions were disclosed and negotiated. As part of that settlement, REALTOR®-affiliated MLS participants have been required, since August 17, 2024, to enter into a written agreement with a buyer before touring a home — in person or by live virtual tour. The agreement has to spell out how the agent is paid, and it has to make clear that compensation is never set by law or by the MLS. It’s always negotiable.
This year, Colorado added its own layer on top of the national rule. Governor Polis signed House Bill 26-1426 in June, and it took effect August 12, 2026 — meaning it’s brand new as of this posting. The law requires a signed writing before a broker provides real estate brokerage services to a buyer or seller, whether the broker is acting as a single agent or as a transaction-broker. Previously, a transaction-broker relationship in Colorado could form simply by handing a buyer a disclosure form; the buyer’s signature wasn’t required. That’s no longer the case.
There’s an important nuance here, and it’s one worth asking your agent about directly: merely showing you a property is generally not considered a “real estate brokerage service” under Colorado law, so a signed agreement may not be strictly required just to walk through a house. The signature requirement is clearly triggered once a broker starts writing offers, negotiating terms, or otherwise representing your interests in a transaction. REALTOR® members, however, are also bound by the separate national settlement rule, which ties the agreement to touring itself — so in practice, most Roaring Fork buyers working with a REALTOR® should expect to sign before that first showing regardless.
What the Agreement Should Actually Say
Whether you’re handed a Buyer Broker Compensation Agreement or Colorado’s Exclusive Right to Buy contract, look for the same handful of things:
- How your agent gets paid, and what happens if the seller doesn’t offer to cover that cost.
- How long the agreement lasts. Thirty to ninety days is common for a first agreement; a full year covering every property in the valley is worth a second look.
- What area or property types it covers — one specific home, or anything you might buy anywhere in the Roaring Fork Valley during the term.
- How to end it if the relationship isn’t working.
None of these terms are fixed. They’re a starting point for a conversation with your agent, not a form to sign without reading.
The Roaring Fork Valley’s mix of full-time residents, second-home buyers, and out-of-state relocators means a lot of people are touring homes here for the first time without knowing these rules changed. Asking to see the agreement before you tour — and asking questions about compensation, term length, and cancellation — isn’t confrontational. It’s exactly the kind of informed conversation the new rules were designed to encourage.
NOTE: Real estate law changes quickly, and this summary isn’t legal advice. If you have questions about a specific agreement, talk with your agent or a Colorado real estate attorney.