The NAR Settlement — What Changed in August 2024 and Why It Still Matters in 2026
On August 17, 2024, the National Association of REALTORS® (NAR) settlement fundamentally restructured how buyers work with agents across the United States — including in Arizona. If you're buying a home in 2026 and haven't had this explained to you, you need to understand it before you start touring properties.
The old system worked like this: when a seller listed their home, they agreed upfront to pay a total commission — typically 5–6% of the sale price. The listing agent kept roughly half (2.5–3%) and offered the other half to whatever buyer's agent brought the buyer. Buyers were represented at no direct cost to them, and many buyers had no idea their agent was being paid at all. The compensation structure was published on the MLS for every listing.
The settlement changed several things simultaneously:
- MLS compensation offers banned: Buyer's agent compensation can no longer be advertised on the MLS. Sellers can still offer to pay buyer's agent fees, but it's done outside the MLS — in the listing remarks, in a separate document, or negotiated between agents.
- Buyer Representation Agreements required: Before a NAR-member agent (which includes virtually every licensed REALTOR® in Arizona) can show a buyer any property, they must have a signed written Buyer Representation Agreement (BRA) specifying their compensation.
- Compensation must be negotiated upfront: The BRA locks in what the buyer's agent earns. If the seller offers less than that amount — or nothing — the buyer and agent must address the gap.
Most sellers in Arizona still offer buyer's agent compensation — especially on resale homes priced above $300,000 and on virtually all new construction. The difference from pre-August 2024 is transparency: you now know what your agent earns before you sign anything, and the agent must disclose it to you. That's actually a better system for buyers who pay attention to it.
The Arizona Association of REALTORS® Buyer-Broker Agreement (AAR BBA)
In Arizona, the standard Buyer Representation Agreement is the AAR Buyer-Broker Agreement (BBA), published by the Arizona Association of REALTORS®. Here is what the document covers and what you need to understand about each section before you sign:
Duration and Geographic Scope
The BBA specifies a start and end date — how long the agent represents you. It also specifies the geographic area (typically "Phoenix metro" or a list of cities) and the types of property covered (residential; multi-family; land; etc.). Be careful about signing open-ended agreements with very long durations if you're not yet committed to a specific agent. A 90-day to 180-day BBA is reasonable to start; you can always extend.
Compensation Structure
This is the heart of the BBA. You'll see one of three structures in Arizona in 2026:
- Flat fee: A fixed dollar amount (example: $12,000) regardless of purchase price.
- Percentage of purchase price: Typically 2–3% of the purchase price. At $450,000, a 2.5% fee = $11,250.
- Percentage of loan amount: Less common; tied to the financed amount rather than the full price.
The compensation in the BBA is what the buyer's agent expects to earn. If the seller offers that amount or more, you (the buyer) pay nothing additional — the seller's offered compensation satisfies the BBA. If the seller offers less, the buyer must make up the difference. This is where negotiation happens: often, the solution is a higher purchase price with the seller crediting the buyer for buyer's agent compensation, effectively folding it into the mortgage.
Termination Provisions
A well-drafted BBA has a clear termination clause. Most allow termination by mutual agreement. Some have provisions for termination with notice (e.g., 5 business days written notice). Make sure you understand how to exit the agreement if the relationship isn't working before you sign — ask your agent about this directly.
Ryan reviews the AAR BBA with every buyer in a dedicated 30-minute consultation before any property is toured. He explains exactly how he is compensated, what the seller's typical offer is in the current market segment you're shopping, how gaps will be handled, and your options if the relationship doesn't work out. There are no surprises — that's the point of the new system.
What a Buyer's Agent Actually Does in Arizona — The Complete Breakdown
This is the section most buyers don't know because most buyers have never bought a home without an agent. Understanding what a skilled Arizona buyer's agent does is the best argument for why the fee is justified — and often a bargain.
Phase 1: Pre-Search (Before You See a Single House)
Mortgage Pre-Approval Guidance and Lender Introductions
Ryan's first action with any new buyer client is a conversation about financing — even if the buyer thinks they have it handled. There's a meaningful difference between a pre-qualification (a quick income/asset conversation) and a full pre-approval (credit pulled, income verified, assets documented, underwriter-reviewed). In competitive Phoenix metro submarkets — North Scottsdale, Gilbert, Chandler — sellers routinely reject offers with pre-qualification letters in favor of fully-underwritten pre-approval letters. Ryan's lender network includes multiple Arizona-licensed lenders who specialize in different buyer profiles:
- First-time buyers qualifying for ADOH HOME Plus DPA (down payment assistance)
- Veterans qualifying for VA loans (Luke AFB, Davis-Monthan buyers)
- Self-employed buyers needing bank-statement or DSCR qualification
- High-net-worth buyers with complex income (equity comp, multiple businesses)
- Buyers with credit challenges needing 60–90 days of rapid score improvement
ADOH HOME Plus Introduction for Qualifying Buyers
Many buyers who qualify for Arizona's primary down payment assistance program — the ADOH HOME Plus program — don't know it exists. Ryan introduces all buyers with household incomes under $122,100 to the HOME Plus program before their search begins. At 5% DPA on a $434,000 FHA loan, this is $21,700 in forgivable grant money — a massive difference for buyers who don't have savings for a full down payment. Lender selection matters here: not every Arizona lender is a HOME Plus-approved lender.
MLS Search Setup — Not Zillow
This is important: Ryan sets buyers up with a direct MLS search, not a Zillow/Realtor.com/Redfin feed. The MLS (ARMLS in the Phoenix metro) has the same data agents see — including data that consumer portals omit or delay. In a fast-moving market, properties can go under contract within 24–72 hours of listing. An MLS-direct search sends alerts in real time; Zillow can lag by hours or even days. In Queen Creek, San Tan Valley, and North Phoenix — active new construction and resale markets — this timing difference costs buyers properties.
Market Education and Zillow Recalibration
Arizona is a non-disclosure state, meaning sale prices are not public record. Buyers who come to Ryan using Zillow Zestimates as their pricing anchor are often using badly wrong numbers. Because Zillow cannot access actual sale prices in AZ (only list prices and MLS data that agents voluntarily report), Zillow's estimate accuracy in Arizona is among the worst in the country. Ryan's 30–60 minute buyer consultation resets expectations based on actual recent sale data from the MLS — preventing buyers from making offers that are either too high (overpaying) or too low (unrealistic and losing competitive situations).
Phase 2: Active Search
Off-Market and Coming-Soon Access
Ryan's long-standing network of Phoenix metro listing agents, builders, and active investors gives buyer clients early access to properties that haven't hit the MLS yet. "Coming soon" listings — properties that are listed on the MLS but can't be shown for 7 days — are accessible for private showings to buyer's agents whose clients have signed BRAs. Off-market pocket listings are a small but real category in the Scottsdale, Paradise Valley, and Arcadia markets, where sellers with high-value properties sometimes prefer discreet sales over public listings.
Property Assessment and Due Diligence During Showings
A skilled buyer's agent doesn't just unlock doors and generate enthusiasm. Ryan's showings include objective assessment of:
- Days on market (DOM) relative to neighborhood average — a property at 60+ DOM in a 21-day-average-DOM market warrants scrutiny
- Price history — was this listed higher and reduced? Multiple reductions signal potential issues
- Prior sale history (visible in MLS; not available to the public in AZ) — did the last buyer back out after inspection?
- Neighborhood context — traffic patterns, commercial encroachment, HOA condition, deferred maintenance on neighboring properties
- Arizona-specific structural flags: clay tile roof age; stucco condition at penetrations; HVAC age (R-22 units are a cost flag); pool equipment condition; lot drainage; caliche impact on landscaping plans
New Construction — Why Buyers Need Representation There Too
One of the most common mistakes Arizona buyers make is walking into a builder's sales office without a registered buyer's agent, assuming they'll save money by cutting out the agent. This is almost never true. Builders price their homes to include buyer's agent compensation — if you don't bring an agent, the builder keeps that money. What the builder's sales agent does not do is represent your interests. The on-site agent is a builder employee with fiduciary duty to the builder. Ryan has negotiated meaningful concessions — closing cost assistance, upgrade allowances, lot premiums waived — on behalf of buyers at builders including Taylor Morrison, Toll Brothers, Shea Homes, K. Hovnanian, Lennar, Meritage, and Pulte in the Phoenix metro that self-represented buyers did not receive.
Most Phoenix metro builders have a "first registration wins" policy. If you visit the sales office before registering your buyer's agent, you may lose your right to representation for that community entirely — even if you later hire Ryan. Always contact Ryan before your first builder visit so he can register you.
Phase 3: Offer and Negotiation
Comparative Market Analysis (CMA) Before Every Offer
Before submitting any offer, Ryan runs a full comparative market analysis on the subject property. This is a deep data analysis of recent sales (typically within 0.5 miles and within the past 90 days, adjusted for square footage, lot size, condition, and features) to determine the defensible value range for the property. The CMA serves two purposes: (1) prevents buyers from overpaying in a competitive offer situation, and (2) provides data for negotiating price reductions if the property appraises below the agreed price — something Ryan proactively manages by ensuring contract price is supportable by comparables.
Offer Strategy in Arizona's Competitive Markets
Offer strategy in the Phoenix metro in 2026 varies significantly by submarket, price band, and current inventory levels. Ryan's offer toolkit includes:
- Earnest money sizing: Standard is $1,000–$2,500 minimum, but in competitive North Scottsdale and Gilbert markets, $5,000–$20,000 is common and signals seriousness; Ryan advises on the right amount by price point
- Escalation clauses: Automatically increases the offer price up to a stated maximum if competing offers are received; used selectively because they show the buyer's ceiling
- Closing cost contribution requests: Asking seller to contribute toward buyer's closing costs (2–3% of purchase price) is common on new construction and appropriate in softer resale markets; changes the effective net price
- Contingency strategy: In AZ, the standard AAR purchase contract contains inspection, appraisal, and loan contingencies; in very competitive situations, buyers sometimes waive the appraisal contingency (risky; Ryan walks through the specific risk before recommending)
- Personal property inclusions: Refrigerators, washers, dryers, and window treatments are personal property in AZ (not fixtures); must be explicitly included in the contract to convey
SPDS Review — The Arizona Seller Disclosure
Arizona requires sellers of resale residential property to complete a Seller Property Disclosure Statement (SPDS) per ARS §33-422. The SPDS covers: known defects; HOA information; permit status of additions and improvements; utility costs; insurance claims history; environmental conditions (underground storage tanks, soil contamination); flood zone status; and water source/quality. Ryan reads every SPDS carefully and flags items that warrant specific inspection or negotiation before or after the inspection period.
Phase 4: Inspection and BINSR Negotiation
The inspection process in Arizona is structured around one of the most buyer-friendly documents in the country — the BINSR (Buyer's Inspection Notice and Seller's Response). Understanding this process is one of the highest-value things a buyer's agent provides.
The BINSR Process — Arizona's Unique Inspection Resolution System
- Inspection period: 10 calendar days from contract acceptance (the date the last party signs the contract). During this time, the buyer has the right to inspect the property with any inspector or contractor of their choice — and to cancel and receive a full earnest money refund for any reason or no reason at all.
- BINSR delivery: Before the inspection period expires, the buyer's agent delivers the BINSR to the seller. The BINSR has three possible positions: (A) Buyer accepts property as-is; (B) Buyer requests specific repairs or credits; (C) Buyer cancels the contract.
- Seller's response window: 5 calendar days to respond. The seller can: agree to all items; agree to some and decline others; offer a cash credit in lieu of repairs; or decline all items.
- Buyer's decision after seller response: If the seller declines all requested repairs, the buyer can proceed as-is, counter-offer, or cancel and receive their full earnest money back. This is a very strong buyer protection.
Ryan's value in the BINSR process is substantial. He helps buyers prioritize which items to request (not every minor item deserves a line on the BINSR — requesting 47 trivial items signals an unreasonable buyer and damages negotiating credibility), determine whether to request repairs vs. a cash credit (cash credits are often better — the buyer chooses the contractor), and understand which items sellers in the current market are likely to address vs. reject.
Arizona-Specific Inspection Items That Buyers Miss Without a Knowledgeable Agent
- Post-tension slabs: Common in Phoenix metro construction from the 1980s–2000s. Post-tension slabs have steel cables under tension running through the concrete. Drilling into a post-tension slab for a new pool, plumbing penetration, or anchor bolt can sever the cables — a catastrophic and extremely expensive structural failure. Always confirm with a structural engineer before any penetration of a post-tension slab.
- R-22 refrigerant HVAC systems: R-22 (Freon) was phased out as of January 1, 2020. Systems that use R-22 can no longer be serviced with new refrigerant — only reclaimed R-22 is available at very high cost. An older AC unit using R-22 is effectively at end of life. In Phoenix, where HVAC failure in summer can be life-threatening, an aging R-22 system is a significant cost flag — replacement is $6,000–$12,000+.
- Caliche: A calcium carbonate hardpan layer found throughout the Phoenix desert. Caliche depth varies widely and can complicate irrigation systems, pool excavation, tree planting, and French drain installation. Always ask about caliche if pool installation or significant landscaping is planned.
- Stucco at penetrations: Arizona stucco construction is generally well-suited to the dry climate, but the highest-risk water intrusion points are around penetrations — windows, doors, utility pipes, electrical boxes, and HVAC line sets. Stucco cracks at these points allow the occasional monsoon rain to infiltrate and cause hidden moisture damage. A thermal imaging inspection (infrared camera) is worth the additional cost on stucco homes.
- Federal Pacific and Zinsco electrical panels: Both brands have documented fire risk from breakers that fail to trip under fault conditions. They are found in Phoenix-area homes built between the 1950s and 1980s. Most insurance companies will not insure homes with these panels or will charge significantly higher premiums. Replacement runs $3,000–$6,000.
- Pool equipment age and condition: Phoenix pools run 8–10 months per year. A pool pump, filter, heater, and automation system that's 15+ years old is approaching end of life. Full pool equipment replacement is $5,000–$15,000+ depending on whether a heater/heat pump is included.
- HVAC age and condition: In Phoenix's extreme heat (120°F+ possible), HVAC is not optional. Standard useful life for a Phoenix AC unit is 12–15 years. An inspection that notes a 14-year-old AC unit without a recent service record should be flagged as a near-term capital cost.
Inspector Referrals — No State Licensing for AZ Home Inspectors
Arizona is one of the few states that does not license home inspectors at the state level. This means anyone can call themselves a home inspector. Ryan's recommended inspectors hold ASHI (American Society of Home Inspectors) or InterNACHI certification — the industry credentials that indicate real training and accountability. Ryan's inspector roster also includes specialists: pool inspectors, structural engineers for post-tension slab review, pest and termite inspectors (ARS-licensed; subterranean termites are active throughout the Phoenix valley), roof inspectors, and HVAC specialists.
Phase 5: Under Contract Through Closing
Title Company Coordination
Arizona is a title company state — escrow is held by a title company (not an attorney, as in some Eastern states). The title company handles: holding earnest money; conducting a title search for liens and encumbrances; issuing title insurance; preparing closing documents; managing the wire transfer of funds at closing; and coordinating the recording of the deed with the county recorder. Ryan has preferred title company relationships (Fidelity National Title, Chicago Title, and several independent Phoenix metro companies) with expedited service, competitive settlement fee rates, and excellent communication protocols.
Arizona Is a Dry Funding State
This is one of the most important procedural facts for Arizona buyers who have purchased homes in other states. In Arizona, closing day = recording day = keys day. There is no gap between the day the lender wires the funds and the day the deed records with the county. On closing day, the buyer signs documents in the morning, the title company confirms lender funding, and recording happens electronically with Maricopa County (or Pinal, Pima, etc.) the same day. Once confirmation of recording is received, the title company releases keys. In most cases, buyers have their keys by early-to-mid afternoon on closing day. This is different from "wet funding" states (like California) where there can be a 24–48 hour gap between signing and keys.
HOA Disclosure Review Under ARS §33-1806
For homes in HOA-governed communities (which represents a very large percentage of Phoenix metro residential property), the seller is required by ARS §33-1806 to provide the buyer with HOA disclosure documents within 10 days of contract acceptance. These documents include:
- Current CC&Rs (Covenants, Conditions, and Restrictions)
- HOA bylaws and rules
- Current HOA budget and financials
- Most recent meeting minutes
- Reserve fund study and current reserve fund balance
- Any pending special assessments (additional charges beyond regular dues)
- Any violations or notices on the property
Ryan reviews all HOA documents with buyers and flags: underfunded reserve funds (a predictor of special assessments); pending litigation; rules that affect the buyer's intended use (short-term rentals, home businesses, vehicle storage, exterior modifications); and any restrictions that conflict with the buyer's lifestyle or plans.
Appraisal Management and Low-Appraisal Strategy
When a property's agreed purchase price is above what the appraiser determines as fair market value (a "low appraisal"), the buyer has several options — all of which Ryan navigates proactively:
- Renegotiate the price: Request the seller reduce the price to the appraised value; seller can decline.
- Appraisal gap coverage: Buyer agrees to pay the difference between appraised value and purchase price in cash (above the mortgage amount). This is sometimes negotiated into the original offer in hot markets.
- Dispute the appraisal: Ryan can provide the appraiser with additional comparable sales data (the appraiser is required to consider it); sometimes reverses a low appraisal.
- Cancel: If the contract has an appraisal contingency (standard in AZ), the buyer can cancel and receive full earnest money return if the property doesn't appraise.
Buyer's Agent Value at Different Price Points in Arizona
The table below illustrates the buyer's agent value proposition across different purchase price tiers in the Phoenix metro. The key insight is that the agent's delivered value — in prevented overpayment, negotiated repairs, and closing cost assistance — typically exceeds the agent's compensation fee by a significant margin.
| Price Point / Submarket | Buyer Agent Comp (Seller-Offered, Typical) | Key Agent Value at This Level | Risk Without Agent (1–10) | CMA Prevents Overpay ($, Typical) | BINSR Repair Credit Won ($, Typical) | Total Agent Value ($, Conservative) |
|---|---|---|---|---|---|---|
| $350,000 — Entry FTP (Avondale, Surprise) | 2.5–3% / ~$8,750–$10,500 | HOME Plus DPA intro; inspection priority; competition strategy | 8/10 | $5,000–$12,000 | $3,000–$7,000 | $15,000–$25,000 |
| $450,000 — East Valley FTP (Mesa, Gilbert) | 2.5–3% / ~$11,250–$13,500 | CMA precision; BINSR negotiation; inspection referrals | 7/10 | $6,000–$15,000 | $4,000–$9,000 | $17,000–$30,000 |
| $550,000 — Mid-Market (Chandler, North Tempe) | 2.5–3% / ~$13,750–$16,500 | Builder negotiation; HOA review; post-tension slab flag | 7/10 | $8,000–$18,000 | $5,000–$12,000 | $20,000–$38,000 |
| $700,000 — Move-Up (N. Scottsdale entry, Tempe) | 2.5–3% / ~$17,500–$21,000 | Off-market access; luxury submarket pricing data; SPDS interpretation | 8/10 | $12,000–$25,000 | $7,000–$18,000 | $28,000–$55,000 |
| $1,000,000 — Luxury Entry (Scottsdale, PV Village) | 2–2.5% / ~$20,000–$25,000 | Luxury-specific comps; title clean; pool/guest house disclosure | 8/10 | $20,000–$45,000 | $10,000–$25,000 | $40,000–$80,000 |
| $1,500,000 — Luxury (DC Ranch, Gainey Ranch) | 2–2.5% / ~$30,000–$37,500 | Luxury network; HOA prestige community review; custom home assessment | 9/10 | $30,000–$75,000 | $15,000–$40,000 | $60,000–$130,000 |
| $2,500,000 — Ultra Luxury (Silverleaf, PV) | Negotiated; often 2% / ~$50,000 | Ultra-luxury submarket expertise; land trust disclosure; privacy protocol | 9/10 | $50,000–$150,000 | $20,000–$60,000 | $100,000–$250,000 |
| $500,000 New Construction (builder direct) | 2.5–3%; builder pays / ~$12,500–$15,000 | Upgrade negotiation; lot premium waiver; builder contract review | 9/10 (unrepresented) | $5,000–$15,000 upgrade value | N/A (new; warranty applies) | $15,000–$35,000 |
Source: Moxley Collective — Phoenix metro buyer transaction data 2024–2026. Values are estimates based on typical outcomes; actual results vary by property, market conditions, and negotiation.
Ryan Moxley vs. Self-Represented Buyer: Task-by-Task Comparison
Here is an honest assessment of what each specific task in the Arizona home purchase process looks like with a professional agent vs. a self-represented buyer. The purpose is not to create fear — it is to help buyers understand where professional guidance makes the most measurable difference.
| Task | Ryan's Support | Difficulty Alone (1–10) | Avg $ Value of Agent on Task | Time Without Agent (Hrs) | Error Rate Unrepresented (%) |
|---|---|---|---|---|---|
| MLS search setup (real MLS, not Zillow) | Full — direct MLS access, real-time alerts | 8/10 | $2,000–$8,000 (faster alerts = better properties) | 10–40 hrs learning portal | 65% miss best listings |
| Pre-approval lender intro (HOME Plus-approved) | Full — warm introductions; program matching | 5/10 | $15,000–$22,000 (DPA grant if qualifying) | 5–15 hrs lender shopping | 80% don't know HOME Plus |
| CMA before offer (prevent overpay) | Full — detailed comparative analysis on every offer | 9/10 (no MLS data access) | $5,000–$25,000 | Cannot do accurately in AZ (non-disclosure state) | 70% overpay without CMA |
| Offer strategy and competition assessment | Full — current market data; submarket specific | 8/10 | $3,000–$15,000 | 10–20 hrs research; still incomplete | 60% lose competitive situations |
| BINSR drafting and repair negotiation | Full — priority items, correct amounts, correct format | 9/10 (complex AZ-specific document) | $3,000–$12,000 | 8–20 hrs; high risk of errors | 75% request wrong items or wrong format |
| Inspector referrals (ASHI/InterNACHI vetted) | Full — curated roster with AZ specialization | 6/10 | $1,000–$5,000 (better inspector catches more) | 3–8 hrs vetting online | 40% hire unqualified inspector |
| Title company coordination | Full — established relationships; expedited service | 4/10 | $500–$1,500 | 5–12 hrs managing process | 20% experience delays |
| HOA disclosure review (ARS §33-1806) | Full — line-by-line; flags STR restrictions, special assessments | 8/10 (legal document complexity) | $2,000–$10,000 (missed assessment = major cost) | 6–20 hrs; legal language challenging | 55% miss key restrictions |
| Closing cost review and optimization | Full — identifies excessive lender fees; negotiates credits | 6/10 | $1,500–$4,000 | 4–10 hrs | 50% pay excess closing costs |
| Post-closing issue follow-up | Advisory — contractor referrals; vendor network | 5/10 | $500–$2,000 | Variable | 30% struggle with post-close contractor finding |
| AZ-specific structural flag identification | Full — post-tension, R-22, caliche, Zinsco, stucco | 9/10 | $5,000–$30,000 (avoided cost) | Cannot do accurately without AZ experience | 80% unaware of AZ-specific risks |
| Builder negotiation (new construction) | Full — upgrade credits, lot premium, closing cost | 8/10 | $5,000–$20,000 | Rarely possible unrepresented | 90% leave money on table unrepresented |
Moxley Collective — buyer task analysis. Difficulty and error rates are estimates based on observed buyer outcomes in Phoenix metro 2022–2026.
How to Choose the Right Buyer's Agent in Arizona in 2026
Not all buyer's agents are equal, and the NAR settlement's BBA requirement means you're now explicitly committing to your agent before you see a single house. Here's what to evaluate:
Questions to Ask Any Buyer's Agent Before Signing a BBA
- How many buyers did you represent in the Phoenix metro in the past 12 months, and what was the average purchase price? Volume and price point familiarity matters. An agent who works exclusively in Scottsdale may not have deep knowledge of the Mesa or Queen Creek markets where you're shopping.
- How do you handle it if a seller offers less buyer's agent compensation than what we agree in the BBA? This is the key post-settlement question. A professional agent should have a clear, transparent answer with specific scenarios.
- Are you familiar with the ADOH HOME Plus program, and can you refer me to a HOME Plus-approved lender? This screens for agents who work with first-time and DPA-qualifying buyers professionally vs. those who haven't kept current with Arizona-specific programs.
- Can you walk me through the BINSR process and give me an example of a BINSR you drafted recently? This tests Arizona-specific transaction knowledge. An agent who can't explain the BINSR in detail is not an experienced AZ transaction agent.
- What inspectors do you recommend, and why? Are they ASHI or InterNACHI certified? Tests whether the agent maintains a quality-screened inspector network vs. just giving generic advice to "Google for a home inspector."
- Have you worked on new construction purchases with any of the major Phoenix metro builders? Can you tell me about a concession you negotiated for a buyer? New construction is a significant portion of Phoenix metro supply; builder experience is genuinely valuable.
- What is your average days-from-contract-to-close for buyers you've represented in the past year? Efficiency in contract-to-close management matters when you're dealing with rate locks, moving schedules, and lease terminations.
Red Flags in Buyer's Agent Selection
- Agent who can't explain what a BINSR is, or confuses it with a standard inspection contingency
- Agent who suggests you "don't need" a thorough inspection to be competitive (sometimes appropriate in specific situations; should never be a blanket recommendation)
- Agent who is unfamiliar with ARS §33-422 (SPDS) or ARS §33-1806 (HOA disclosure)
- Agent whose BBA duration is longer than 12 months with no clear exit clause
- Agent who hasn't closed a transaction in your target price band in the past 12 months
- Agent who discourages you from getting a home inspection on a new construction home (new construction homes absolutely require an independent inspection — the builder's inspection is not independent)
Ryan Moxley is a top 1% nationally-ranked REALTOR® with My Home Group, based in Phoenix, AZ. His buyer clients receive direct MLS search access, a full buyer consultation before any showings, a CMA before every offer, comprehensive BINSR support, and a curated network of Arizona-certified inspectors, lenders, and contractors. Ryan is a licensed Arizona REALTOR® (ADRE SA643872000) with deep knowledge of every Phoenix metro submarket from Scottsdale and Paradise Valley to Buckeye, Avondale, and Queen Creek. Call or text Ryan at (480) 227-9143 — or email moxleysellsaz@gmail.com — to schedule your free buyer consultation.
Frequently Asked Questions About the NAR Settlement and Arizona Buyer Representation
What Happens if the Seller Offers No Buyer's Agent Compensation in Arizona?
This situation is most common with: HUD homes (government-owned foreclosures); certain bank-owned REO properties; iBuyer direct sales (Opendoor, Offerpad); and FSBO (For Sale by Owner) listings. In these cases, Ryan discusses several options with buyers upfront: (1) The buyer pays the agent directly per the BBA; (2) The offer is structured to include a seller concession covering the buyer's agent fee (the price is increased by the fee amount, which the seller then credits back at closing — effectively rolling the fee into the mortgage); or (3) For very low-margin transactions where neither option works, Ryan discusses the specific situation and finds a workable solution. The goal is always that the buyer understands the arrangement completely before proceeding.
Can I Cancel My BBA if I Find a Better Agent?
Yes, with proper notice per the BBA terms. Most AAR BBAs have a mutual termination provision that requires written notice. The key protection for buyers is to understand the cancellation terms before signing — not after. Ryan's BBAs use clear, buyer-friendly cancellation language.
Does the NAR Settlement Apply to New Construction in Arizona?
Yes. The requirement to sign a BBA before touring properties applies to new construction model homes as well as resale properties, for any NAR-member agent. However: if you walk into a builder's model home without a registered agent, you are dealing directly with the builder's sales staff — who are not your agents. The BBA requirement technically applies to agents who are NAR members; builder sales staff operate under different rules. This is why Ryan always registers buyers with builders before their first visit.
What Is the Difference Between a Buyer's Agent and a Transaction Coordinator?
A buyer's agent is a licensed REALTOR® with full fiduciary duty to the buyer — they advise, negotiate, and strategize on the buyer's behalf. A transaction coordinator (TC) is an administrative role that manages paperwork, deadlines, and document routing once a contract is signed. Some large brokerages use TCs to manage the administrative burden so agents can focus on client strategy. Ryan uses a TC for administrative coordination and stays personally engaged with every buyer client through the full process — the TC doesn't replace his client contact, it enables more of it.
Key Arizona Transaction Facts Every Buyer Must Know
- Non-disclosure state: Arizona does not require public disclosure of home sale prices. This means Zillow Zestimates and county assessor records do not reflect actual market values. Buyers working without an agent have no reliable way to determine fair market value.
- Dry funding state: Closing = recording = keys. All on the same day. Plan your move accordingly — don't schedule moving trucks for early morning on closing day unless you have an AM closing time confirmed.
- 2026 conforming loan limit: $806,500 for Maricopa and Pinal counties. Loans above this amount are jumbo loans with different qualification requirements and typically higher rates.
- FHA loan limits: Same $806,500 in Maricopa/Pinal (high-cost designation). FHA MIP (mortgage insurance premium): 0.55% annually for most buyers, for the life of the loan if less than 10% down.
- VA loan funding fee (2026): 2.15% (first use, no disability); 3.30% (subsequent use, no disability); 0% (any service-connected disability rating). VA loans have no PMI and no loan limit for buyers with full entitlement.
- ARS §33-1101 Homestead exemption: Arizona protects up to $400,000 in home equity from forced sale to satisfy most unsecured debt judgments.
- ARS §36-1681 Pool barrier law: All pools in Arizona must have an enclosure — typically a 5-foot fence with a self-closing, self-latching gate — under state law. HOAs may have additional requirements.
- ADOH HOME Plus income limit (2026): $122,100 household income. Purchase price limit: $500,000. Credit minimum: 640. DPA amount: 3–5% of loan amount. Forgivable after 36 months.
Conclusion: In Arizona's Complex Market, Expert Representation Pays
The NAR settlement changed the paperwork — it didn't change the fundamental value of skilled buyer's agent representation. If anything, the BBA requirement makes the arrangement more transparent and forces buyers to have a frank conversation about compensation before committing to an agent. That is a better system for buyers who engage with it seriously.
In Arizona specifically, where the market is a non-disclosure state, where the BINSR creates a unique negotiating framework, where AZ-specific inspection issues (post-tension slabs, R-22 HVAC, caliche, Zinsco panels) can turn a good deal into an expensive mistake, and where programs like ADOH HOME Plus can put $20,000+ in forgivable grant money in a qualifying buyer's pocket — the right buyer's agent delivers value that substantially exceeds their fee in almost every transaction.
Ryan Moxley is that agent for the Phoenix metro. Top 1% nationally. Deep Arizona-specific knowledge. Transparent fee structure. Full buyer consultation before any properties are toured. Call or text (480) 227-9143 to get started.