Capitol & Market is our all-member source for industry and advocacy news, legal updates, market insights, education and professional development opportunities for Indiana REALTORS®.

IAR’s Legal Department usually sends a detailed preview of changes to statewide legal forms in December for the following year – so stay tuned for a full presentation on 2025 forms next month. But we want to provide an early heads-up on important changes dealing with broker-to-broker offers of compensation.

Effective January 2nd, 2025:

Offers of compensation off the MLS are still permitted under the terms of the NAR settlement and member brokerages may continue to allow offers of compensation. (The buyer may also continue to request that the seller pay buyer broker compensation as a condition of the Purchase Agreement.)

Buyer requesting the Seller pay buyer broker compensation in the Purchase Agreement:

A buyer may request that the seller pay buyer broker compensation as a condition of the Purchase Agreement (as long as this compensation has been established in the written buyer agency contract).

The DOJ has highlighted this as a ‘preferred’ option: it’s clear that the buyer is setting compensation for his/her broker, documented in a written buyer representation agreement and then negotiated directly with the seller.

We’ve simplified this option in 2025 forms by revising and moving language making this request from a separate addendum into the Purchase Agreement itself.

And of course, buyers may always pay their own brokers according to the terms of the buyer agency agreement.

Watch for more information on this and other 2025 legal forms changes from IAR and additional guidance from your managing broker.

At the local, state and federal levels, RPAC is a powerful tool for advocacy on behalf of current and future homeowners and protecting the REALTOR® bottom line. Every contribution to RPAC helps elect champions of housing and homeownership and ensures the REALTOR® Party platform is heard loud and clear.

As we count down to the end of 2024, we ask you to consider stepping up your commitment to the future of the profession and pro-housing candidates and causes as an RPAC Major Investor if you are able.

Major Investors are invited to special briefings and networking opportunities around IAR events. You’ll also show your RPAC pride, stay warm while exercising your right to bare arms with a special 2024 Major Investor recognition gift - exclusively for Major Investors:

Make your 2024 RPAC investments before the December 6, 2024 deadline to qualify.

Learn more by clicking below and selecting 'Invest in RPAC,' or please contact Erin (emoorhous@indianarealtors.com) with any questions.

Participation in RPAC is critical to REALTOR® policy agenda and business climate, but in-person advocacy is also absolutely essential: We hope you’ll sign up, show up and stand up for homeowners at one of our REALTOR® Delegation Days during the 2025 session of the Indiana General Assembly.

Delegation Days are unique opportunities for members to engage with state lawmakers at the Indiana Capitol on behalf of the real estate profession and your bottom line.

Show the power of Indiana’s largest professional organization with strength in numbers at the statehouse – review the options below and make plans to join your fellow REALTORS® and IAR’s Government Affairs Team.

Each date is assigned to several local associations, but member registration is flexible: Join your association if possible, but pick the Delegation Day that fits your calendar best even if you can’t make the date for your primary board.

Learn more, check your calendar and sign up today (space is limited).

After reading about some of the forms changes coming in 2025 at the beginning of this message, you'll want to save the date for IAR's January 10th Virtual Legal Update. This all-member Zoom briefing will cover the new forms along with the latest developments on business practice changes, MLS rules and other topics you can't afford to miss.