What REALTORS® Need to Know about the 2026 NCR Residential Forms Change

NC REALTORS® has announced several residential form changes for 2026, including updates to purchase contracts, listing agreements, buyer agency agreements, compensation-related forms, new construction forms, vacation rental addenda, and more.

While members should always review the full revised forms and speak with their Broker-in-Charge or legal counsel when questions arise, several changes are especially important for day-to-day practice.

Due Diligence Fee timing has changed

One of the biggest residential updates involves the Due Diligence Fee. The fee is still due on the Effective Date, but the revised language clarifies what happens if it is not paid that day.

Under the new language, a buyer is not immediately in breach the next day. Instead, the buyer has until the end of the next banking day after the Effective Date to pay, or they will be in breach.

This does not mean the seller can automatically terminate the contract once the deadline passes. The seller must still provide written notice of the demand for payment, using Form 355-T. If the buyer does not pay within the required cure period, the seller may terminate.

Sellers may limit physical access when the Due Diligence Fee has not been paid

Another major change addresses a practical concern members have seen in the field: buyers going under contract, failing to pay the Due Diligence Fee, accessing the property for inspections, and then terminating before the seller can demand payment.

The revised Form 2-T language gives the seller the option, but not the obligation, to limit physical access to the property if the Due Diligence Fee has not been paid. This does not eliminate the buyer’s other due diligence rights, but it may help sellers manage access until the fee is delivered.

FinCEN and governmental reporting language have been added

Residential purchase contracts and agency agreements now include language addressing FinCEN and other governmental reporting requirements.

If reporting is required for a transaction, the buyer must provide the necessary information for compliance. The language is broader than FinCEN alone and may also apply to other required governmental reporting, such as IRS or court-related requirements.

Members should be prepared to explain that certain transactions may involve additional compliance-related information requests.

Buyer agent compensation is now handled through a re-drafted Form 220

Form 220, Cooperative Compensation Agreement, has been re-drafted in a significant way. It is no longer a standalone agreement. Instead, it is now intended to serve as an addendum to the purchase contract.

Members should note a few key points:

• Form 220 should not be signed by the seller in advance at the listing appointment.
• Buyer agent compensation, if negotiated, should be addressed when the purchase contract is negotiated.
• The re-drafted form reflects compensation paid by the seller, not the listing firm.
• Form 220 should be identified as an addendum in the purchase contract.

This is one of the most important changes for members to review carefully, especially in light of ongoing changes to compensation practices.

Listing agreements now include updated marketing-option language

Form 101, Exclusive Right to Sell Listing Agreement, has been updated to address new seller marketing options being implemented by MLSs across the state following NAR guidance.

The form now includes language and disclaimers related to Office Exclusive and the newer marketing option. Members should be prepared to explain these options clearly to sellers so they understand how their property will be marketed and what each option means.

The listing agreement also includes updates to firm compensation when a buyer is unrepresented and language addressing buyer-agent compensation that may be negotiated in the contract.

Seller identification and authority language have been added

The residential listing agreement now includes language requiring the seller to provide valid identification and confirm that they have the legal right to sell the property.

This update is not a substitute for careful seller verification. Members should remain alert to potential seller fraud and follow firm procedures to confirm identity and authority. However, the added language may help support those efforts.

New construction forms have been revised

The New Construction Addendum, Form 2A3-T, has received major revisions. The key practical question is whether drywall has been completed.

If drywall has been completed, the New Construction Addendum may be the better fit. If drywall has not been completed, Form 800-T, Offer to Purchase and Contract – New Construction, may be the better fit.

Form 800G, the New Construction Forms Guide, has also been re-adopted and rewritten to help members understand which form to use and when.

New Additional Parcel Exhibit added

A new Form 2A10-T, Additional Parcel Exhibit, has been created. This form can be used with purchase contracts, listing agreements, and the Vacant Land Disclosure Statement when multiple parcels are included in the same transaction.

Members should use caution: this exhibit is intended for parcels within the same transaction. If separate transactions are involved, separate contracts and attorney guidance may be needed.

Vacation rental addendum deadlines have changed

The Vacation Rental Addendum also includes several important updates.

Sellers must now provide rental agreements to the buyer within seven days of the Effective Date, rather than within ten days after closing. Buyers also agree to keep that information confidential.

If the buyer plans to keep the seller’s existing management firm, the buyer should sign a management agreement with that firm by the end of the Due Diligence Period rather than waiting until settlement.

Other residential updates to review

Additional changes include:

• A new Judicial Sale Addendum.
• A redrafted Vacant Land Disclosure Statement.
• A redrafted Professional Services Disclosure and Election form.
• Updates to vacant land contracts and guidelines.
• Updates to the referral agreement language to clarify that the firm is entitled to payment unless otherwise stated.
• Updates to contract amendment forms, including the ability to add or remove sellers and buyers.

What should members do now?

Members are encouraged to review the revised forms before using them in active transactions. Pay special attention to the Due Diligence Fee process, seller access rights, Form 220, FinCEN/governmental reporting language, new-construction form selection, and listing-agreement marketing options.

As always, members should consult their Broker-in-Charge, firm policies, and legal counsel when questions arise. These updates are important, and understanding them now can help members better serve clients and avoid confusion in future transactions.