What Georgia Agents and Brokers Must Understand About the 2026 Brokerage Agreement Changes

The 2026 brokerage agreement forms are not something you can “figure out later.” Agents must understand what they are putting in front of clients so they can discuss the options and answer their clients' natural and expanded questions.

This post walks through why the brokerage agreement changes matter, what is actually new, and why brokers must lead the conversation before January 1 — not after a problem shows up.

Why These Changes Demand Attention 

Before January 1

• Agents default to what they think the forms say

• Brokers get asked questions after something goes wrong

• Mistakes are already baked into transactions

This is why education and internal discussion should happen now.

Small Changes for the Buyer Side Agreements

• Changed “Buyer may owe” to “Broker may be entitled.”

• Right to Compensation in Protected Period changed from “expired or terminated” to “unilaterally terminated by Buyer or has expired.”

• Explanation of Protected Period modified but matches other agreement results for mutual termination, unilateral termination and expiration.

👉 The right to Compensation is different depending upon how the relationship ends. This is not new but it usually not fully understood. Read the Protected Period section of Buyer or Seller brokerage agreements before communicating with a client about the end of the relationship so you understand their rights and yours.

Marketing Options: More Choice, More Responsibility

The GAR F101 Exclusive Seller Brokerage Engagement Agreement now more clearly spells out how a property may be marketed, including options tied to MLS rules and March 2025 additions to the National Association of REALTORS® Clear Cooperation policy.

Marketing decisions:

• Affect exposure of the property to the market

• Trigger MLS compliance issues

• Can create fair housing risk if misunderstood

The Broker’s Role

Brokers must decide:

• Which marketing options they allow and in which situations. The additional marketing choices include marketing behavior that already exists in the market but may not be familiar to all agents. Even those who are comfortable with delayed marketing and offices exclusives may not be conforming to specific requirements of the exemptions, the MLS rules that limit the exemptions, and the Fair Housing concerns that everyone should keep in mind. Brokers should take this as an opportunity to explain it to everyone who has and has not been using the various marketing options to correct inappropriate practices and reinforce good behavior that complies with the rules and promotes the needs of clients.

• What requires broker approval. This may be a first. Listings in the past almost always involved a single brokerage and only a relatively straightforward delay in the public marketing. Now we have formalized Coming Soon and Delayed Marketing which may only require basic reminders and are probably an option open to all agents within the brokerage. Office Exclusives and Co-Listing are more complex. Since Office Exclusive Marketing is part of the standard F101 Exclusive Seller Brokerage Engagement Agreement, all agents needs to be equipped with talking points and answers to Frequently Asked Questions. This is true regardless of whether the brokerage favors this approach, disfavors it, or prohibits it. Co-Listing, or at least a standard GAR form to conduct it, will be brand new. I am not sure if brokerages want to find out their agents are entering into these arrangements after the fact. It is as new for the brokers as it is for the agents and I am not sure anyone can fully envision how some agents may use it.

• How agents should explain these options to sellers. I think most agents would appreciate some talking points and FAQs. Roleplaying exercises can build comfort with explaining the expanded forms to clients or responding to other agents soliciting a co-listing arrangement.

• What documentation or approval is required for deviations from standard practices. First, there needs to be documented practices. Then there needs to be a process for deviation. Then there needs to be review for compliance. Lastly, there needs to be brokerage responses for errors.

Brokerages should make sure agents are getting guidance from them and not problematic social media real estate groups.

Compensation Language: Still Evolving

Let's start with the smaller, less complicated changes:

• F101 A.4.c. lays out potential Buyer Broker compensation. It now says what is going to be "offered" and not what is going to be "paid." This makes sense - what will be paid is determined when there is an offer and negotiation.

• F101 A.4.c. also specifically addresses what happens if the Seller's Broker is paying any Buyer Broker compensation cooperatively and the Buyer side does not request or cannot accept the full amount offered. Since all of the compensation is initially paid to the Seller's Broker and is then shared, anything not shared remains with the Seller's Broker.

• F101 B.5. Protected Period now says virtual showing property to Buyers includes showing "by video or sending a video tour."

Big Changes are to F101 Marketing Sections A.3.

Remember what the A.3. Section already said:

• The Seller still receives the ALL CAPS notice that all of the marketing choices are limited by what is allowed by the MLSs. Usually explanatory information is located in the B. section but this is in the A. section with the marketing choices to make it 100% clear.

• This is still where the Seller and Broker agree on a Marketing Commencement Date (explained as the date the property is "first marketed to the public") and gives the Seller the right to move the date up.

Deep dive into the new A.3. Sections:

• A.3.c.i. Under the Marketing Commencement Date is now an option for Coming Soon advertisement before the Marketing Commencement Date, subject to what the MLS allows for Coming Soon status.

• A.3.d. MLS Marketing Options.

  • The GAR form says that the property must be listed in the MLS within 1 day of the Marketing Commencement Date as directed under the three available Marketing Options. This does not override the fact that many MLSs require listing in their system within 48 hours or 2 days from the day the Seller signs a listing agreement. Having a delayed Marketing Commencement Date does not override the MLS rules. The GAR form provides as much flexibility as possible in a state where there are more than a dozen multiple listing services.

  • Marketing Option 1: Immediate Public Marketing. This is exactly what you think it is.

  • Marketing Option 2: Delayed Marketing Exempt Option. The property shows as active in the MLS but goes not go out to 3rd party websites so it is not as visible.

  • Marketing Option 3: Office Exclusive Marketing Option. It is listed with the MLS but is not visible to other MLS members at all.

  • There is the existing ALL CAPS warning that Delayed and Office Exclusive listings may not maximize the number of or amount of offers received.

Marketing Option FAQs:

1. Does a delayed Marketing Commencement Date delay my obligation to enter the listing into the MLS?

No. The MLS rules still control when a listing must be entered after the Seller signs the agreement (often 48 hours / 2 business days).

2. Can I choose any marketing option the Seller wants?

Not necessarily. Your brokerage policies and the MLS rules affect the actual available options.

3. What is the biggest mistake agents will make with A.3?

Assuming GAR Forms override MLS rules or that Delayed Marketing means delayed MLS entry. Also, not knowing what their MLS rules are.

4. If my brokerage participates in more than one MLS, which rules do I have to follow?

Both, which means your available options for Coming Soon, delayed, holds, incomplete, registered (whatever your MLS calls it's options) are the lesser of the available options.

Example (As of 2025): FMLS allows for 21 days Coming Soon and GaMLS allows 30. FMLS allows for two 30 day holds and GaMLS allows for one. If you participate in both, you can do 21 days of Coming Soon and one 30 day hold.

Bonus Comment About Clear Cooperation in General

Why do MLS Clear Cooperation rules require a listing to be entered into the MLS within one day of public marketing?

Answer:

Because fair housing requires equal, timely, and non-discriminatory access to housing opportunities.

At its core, the Clear Cooperation is about preventing selective access to housing.

When a property is publicly marketed—but not entered into the MLS—control over who sees the opportunity shifts from an open marketplace to individual agents or offices. That creates risk that access to housing is filtered, intentionally or unintentionally, based on who an agent knows, who they market to, or who happens to be “in the room.”

The Brand-New Exclusive Co-Listing Agreement: Just Because You Can Doesn’t Mean You Should

If you only get one thing from this section, it is that I strongly recommend agents not use this form without first having a conversation with their Broker.

One of the most talked-about changes is the introduction of a new Exclusive Co-Listing Seller Brokerage Engagement Agreement.

This is a brand-new form — and it will be misused if brokers do not intervene early.

What This Agreement Does

At its core, the agreement:

• Allows two brokerage firms to jointly enter into an exclusive relationship with a seller.

• Allocates duties, marketing authority, and compensation between those firms.

• Extends protected period rights to both brokerages.

What It Does Not Do

It does not:

• Replace referral agreements

• Automatically solve geographic coverage issues

• Eliminate the need for broker oversight

• Fit every “let’s just co-list it” conversation

The Real Risk

Without guidance, agents may attempt to use this agreement for:

• Situations better handled by referrals

• Marketing arrangements that violate MLS rules - like both brokers attempting into the Property into the same MLS

• Created and problematic brokerage activities

This is why brokers must decide in advance:

• Whether their firm will allow co-listing at all

• Under what circumstances

• With what approvals

• Using what internal procedures

Silence will be interpreted as permission.

Brokers Should Be Asking Right Now:

• Do we have written guidance on when each brokerage agreement should be used?

• Are our marketing practices aligned with MLS rules and the form language?

• Have we discussed co-listing versus referral at the broker level?

• Do our office policies conflict with any revised language?

If the answer to any of these is “I’m not sure,” there is still time before January 1.

Agents: This Is Not Just “Broker Stuff”

Agents sometimes assume brokerage agreement issues are for brokers to worry about.

Agents are the ones:

• Explaining agreements to clients

• Selecting options

• Answering questions

• Living with the fallout when a relationship ends badly

Agents need to be able to confidently explain:

• Why you are using this agreement instead of another

• What marketing options actually mean when coupled with MLS rules and regulations

➡️ Join the REALsmart Newsletter:

realsmartonline.kit.com/signup