A visitor asks, "Do I have to sign something?" At your open house, the answer is no. The moment you offer to show them another home, the answer changes.
Quick answer
No. According to the National Association of REALTORS®, buyers do not need to sign a written buyer agreement to visit an open house or to ask an agent about their services, and the agent hosting the open house is not required to have one with the people touring. A written agreement is needed once an agent starts working with a buyer, for example by identifying properties for them or arranging tours.
Since the NAR practice changes took effect on August 17, 2024, agents who are MLS participants need a written agreement with a buyer before working with them. That raised a common question at open houses, from buyers and agents alike. Here is what NAR says, where the line is, and how to handle it at the door.
This article is general information, not legal advice. State law, your MLS and your brokerage can add requirements. Check with your managing broker for the rules that apply to you.
Built into the sign-in
Ask "Are you working with an agent?" at every open house
The free digital sign-in includes the question, so you know who you can offer to help and who to leave to their agent.
What changed for buyers after the NAR settlement?
Under the practice changes that took effect August 17, 2024, MLS participants working with a buyer must have a written agreement with that buyer. NAR describes these agreements as providing clarity about the services the agent will provide and how the agent will be paid, and notes they are fully negotiable. Read NAR's summary for homebuyers.
Do open house visitors need to sign a buyer agreement?
No. NAR's consumer guide says that if you are simply visiting an open house on your own, or asking a real estate professional about their services, you do not need to sign a written buyer agreement. It also says the agent hosting the open house is not required to have a written agreement with the buyers touring the home. Read NAR's consumer guide to open houses.
When does a written buyer agreement become required?
NAR puts the line at the moment an agent starts working with a buyer, which it describes as beginning to provide services such as identifying potential properties and arranging tours. NAR also says that agents who are only marketing their services or speaking to a buyer, at an open house or by giving a buyer access to a home they have listed, are not considered to be working with the buyer.
| Situation at or after your open house | Written agreement needed? |
|---|---|
| A visitor tours your open house and signs in | No |
| A visitor asks about your services or how you work | No |
| You answer questions about the home you are hosting | No |
| You offer to send this buyer a list of other homes picked for them | Yes, before you start |
| You arrange a tour of another home for them | Yes, before the tour |
Based on NAR's published guidance. Your state, MLS or brokerage may draw the line more strictly.
What should open house hosts say to visitors?
When a visitor asks, "Do I have to sign anything?"
"Not to look around today. Just sign in so I can send you the details. If you'd like me to help you find other homes later, we'd talk about a buyer agreement then, and I'll walk you through what it covers."
When an unrepresented buyer wants to see other homes
"I'd be glad to help. Before I set up tours, we put a short written agreement in place that spells out what I'll do for you and how I'm paid. It's negotiable, and I'll go through it with you."
When a visitor already has an agent
"Great. I'm happy to answer anything about this home, and I'll send the details so you can share them with your agent."
How does your sign-in sheet help with buyer agreements?
- It shows representation at a glance. Asking "Are you working with an agent?" on the sign-in tells you who you can offer to help and who to leave alone.
- It gives you a clean follow-up list. Unrepresented buyers who want help can get an agreement conversation in your follow-up, not at the door.
- It records the visit. A time-stamped digital sign-in is a better record than a smudged paper sheet.
Our free digital sign-in and the free printable paper sign-in sheet both include the "Are you working with an agent?" question.
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Know who has an agent before they leave
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Sources
About the author
Jane Luo is the founder of Open House App. She is a licensed NJ & NY realtor at Coldwell Banker Realty (NJ Circle of Excellence Award recipient), a senior data scientist, and a Google Cloud Certified Generative AI Leader. She builds the tools she uses at her own open houses.
Frequently Asked Questions
Do I need to sign a buyer agreement to go to an open house?
No. According to NAR, visiting an open house on your own or asking an agent about their services does not require a written buyer agreement.
Does the agent hosting an open house need a written agreement with visitors?
No. NAR says the agent hosting the open house is not required to have a written agreement with the buyers touring the home.
When is a written buyer agreement required?
Before an agent starts working with a buyer, which NAR describes as providing services such as identifying potential properties and arranging tours.
Are buyer agreements negotiable?
Yes. NAR describes written buyer agreements as fully negotiable, including the services provided and how the agent is paid.
When did the buyer agreement rule start?
The NAR practice changes requiring written agreements before working with a buyer took effect on August 17, 2024.