Open houses remain one of the simplest ways for buyers to see a home, but the buyer-agreement changes have created confusion about what must be signed and when.
The key rule is straightforward: a buyer who is simply visiting an open house on their own does not need to sign a written buyer agreement just to walk through the property or ask the hosting agent about their services. NAR’s consumer guide says an unrepresented buyer attending an open house does not need a written buyer agreement to tour the home, and the agent hosting the open house on behalf of the listing broker or seller is not required to enter into written agreements with those attendees.
That does not mean written buyer agreements no longer matter. Once a buyer begins working with an agent and before touring homes with that agent, a written agreement is required for many real estate professionals under the post-settlement rules.
Key takeaways
- Buyers do not need a written buyer agreement simply to attend an open house on their own.
- A listing agent hosting an open house for the seller generally does not need written agreements with unrepresented visitors.
- A buyer agreement is required before an agent who is working with a buyer tours a home with that buyer.
- NAR says “working with” a buyer includes services such as identifying potential properties and arranging tours.
- A live virtual tour with a buyer’s agent can also trigger the written-agreement requirement.
- Buyers should not sign any agreement they do not understand or do not accept.
- Agents should explain clearly who they represent at an open house.
What changed after the commission settlement?
The biggest change is that many buyers are now asked to sign a written agreement with a real estate professional before touring homes with that professional.
NAR’s Written Buyer Agreements 101 resource says that as of August 17, 2024, an MLS Participant “working with” a buyer is required to enter into a written agreement with the buyer before touring a home, including both in-person and live virtual tours.
The agreement is meant to clarify services and compensation before the buyer-agent relationship moves into active touring. It should not be treated as a surprise document presented after a buyer is already emotionally attached to a property.
Do buyers need an agreement to attend an open house?
No, not if they are simply attending the open house on their own.
NAR’s open-house guide says buyers do not need a written buyer agreement if they are simply visiting an open house on their own or asking a real estate professional about their services.
That distinction matters because an open house is usually hosted by the listing agent or another agent acting on behalf of the seller. The hosting agent is there to market the seller’s property, provide access, answer property-related questions and help generate buyer interest.
A buyer who walks in without representation is not automatically creating a buyer-agent relationship with the hosting agent.
What does working with a buyer mean?
NAR’s open-house guide says a buyer is “working with” an agent once the agent begins providing services such as identifying potential properties and arranging tours. It also says agents who are simply marketing their services or speaking to a buyer at an open house are not considered to be working with the buyer for that purpose.
That means casual conversation at an open house is different from active buyer representation.
What should buyers ask before signing?
Buyers should not sign a written agreement casually.
Before signing, ask what services will be provided, how long the agreement lasts, whether it is exclusive, how compensation is calculated, whether the seller can help pay, what happens if the seller offers no compensation, whether the agreement can be canceled and what state law or brokerage policy affects the agreement.
NAR’s written-agreement guidance says agreements must specify and conspicuously disclose compensation, make compensation objectively ascertainable, and avoid open-ended terms such as compensation being “whatever amount the seller is offering.”
What should agents do at open houses?
Agents hosting open houses should be clear about their role.
The hosting agent should explain whether they represent the seller and avoid giving unrepresented buyers advice that could create confusion. They can answer property questions, provide disclosures where appropriate and explain how buyers can pursue representation if they want it.
Agents working with buyers should also be clear. If an agent brings a buyer to an open house as part of an active buyer-client relationship, the written buyer agreement should already be in place.
What this means
Open houses still work, but everyone needs to understand the line between attending, asking questions and working with an agent.
For buyers, the practical rule is simple: you can attend an open house on your own without signing a buyer agreement. But once you choose an agent to represent you and tour homes with that agent, the written agreement becomes part of the process.
For agents, the practical rule is clarity. Explain who you represent, avoid confusion at open houses and make sure written agreements are handled before buyer representation turns into touring.
This article is general information, not legal advice. State law, brokerage policy and local MLS rules can vary.
FAQ
Do I need a written buyer agreement to attend an open house?
No. NAR says buyers do not need a written buyer agreement if they are simply visiting an open house on their own or asking a real estate professional about their services.
Does the listing agent at an open house represent me?
Usually no. The hosting agent is generally there on behalf of the seller or listing broker unless a separate relationship is created under state law and brokerage policy.
When do I need to sign a buyer agreement?
NAR says many real estate professionals must have a written agreement with a buyer before touring a home with that buyer, either in person or through a live virtual tour.
What does working with a buyer mean?
NAR says it includes services such as identifying potential properties and arranging tours. Simply speaking with a buyer at an open house is not the same thing.
Can I ask the open-house agent questions?
Yes. You can ask questions about the property or the agent’s services without automatically signing a buyer agreement.
Sources:
- [NAR — Consumer Guide to Open Houses and Written Agreements](https://www.nar.realtor/the-facts/consumer-guide-to-open-houses-and-written-agreements)
- [NAR — Consumer Guide to Written Buyer Agreements](https://www.nar.realtor/the-facts/consumer-guide-to-written-buyer-agreements)
- [NAR — Written Buyer Agreements 101](https://www.nar.realtor/the-facts/written-buyer-agreements-101)
- [NAR — NAR Settlement FAQs](https://www.nar.realtor/the-facts/nar-settlement-faqs)
- [NAR — Consumer Guide to Negotiating Written Buyer Agreements](https://www.nar.realtor/the-facts/consumer-guide-to-negotiating-written-buyer-agreements)
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