New York Assembly Bill A08910

New York 2025-2026 Regular Session

• Introduced: 7/16/25
• Refer: 7/16/25
• Refer: 1/7/26

Caption

Requires buyer broker agreements which clearly and conspicuously contain disclosures regarding compensation for certain real estate services.

Summary

This bill would require real estate brokers acting on behalf of residential buyers in New York to enter into a written buyer broker agreement before providing buyer-agent services. The agreement would have to include specified disclosures and terms, including a prominent statement that broker compensation is not set by law and is fully negotiable, the parties’ contact information, the agreement term, the agency relationship, and detailed compensation provisions such as how and when compensation is earned and due, and whether compensation may be shared with or requested from other parties. The bill also amends the Real Property Law definitions and agency disclosure rules to align with the new buyer broker agreement requirement. It clarifies the definition of “buyer’s agent,” adds a new definition of “buyer broker agreement,” and updates disclosure obligations so buyer’s agents must provide the agency disclosure form before entering into a buyer broker agreement and at first substantive contact with sellers or seller’s agents. Brokers would also be required to keep signed buyer broker agreements for at least three years. The bill would take effect 90 days after becoming law.

Impact

The bill would amend sections 442-m and 443 of the Real Property Law, creating a new statutory requirement for written buyer broker agreements in residential real estate transactions and revising related agency disclosure procedures. It would affect real estate brokers, buyer’s agents, buyers of residential property, and the handling of compensation disclosures and agency acknowledgments, while also imposing a record-retention requirement on brokers.

Sentiment

No committee transcript or recorded vote information was provided, so there is no direct evidence of support or opposition from legislative debate. Based on the bill text and caption, the measure appears aimed at increasing transparency and formalizing buyer-agent relationships, suggesting a consumer-protection and disclosure-oriented approach rather than a punitive one.

Contention

The main likely point of contention is the mandatory written agreement requirement before a broker may provide buyer-agent services, which could be viewed by some as improving transparency but by others as adding friction to homebuying and brokerage practices. Another potential issue is the detailed compensation disclosure framework, including consent requirements for shared or third-party compensation, which may raise concerns among brokers about administrative burden and among buyers about negotiating leverage and understanding of fees. No specific named opponents or supporters are identified in the available materials.