Buyer Agreements and Open Houses

A written buyer agreement isn’t required just because you walk into an open house on your own. Under NAR’s MLS policy, covered participants working with a buyer need an agreement before touring a home together. The relationship matters: a listing agent hosting for the seller has a different role from an agent helping you find and tour properties. State law may impose additional requirements.

Do you need to sign to attend an open house?

NAR’s consumer guide to open houses distinguishes attending independently from working with an agent. Simply visiting or asking about an agent’s services doesn’t, under that policy, require a buyer agreement. A host acting for the listing broker or seller doesn’t have to enter an agreement with every visitor.

That distinction can get blurry in conversation. You might arrive alone, then ask the host to identify other homes and arrange private tours. Before proceeding, ask which party the agent would represent and what agreement applies. Don’t assume the person who opened the door has become your representative.

When does the agreement become necessary?

For the MLS participants covered by the rule, the trigger is working with a buyer before a tour. NAR’s written buyer agreement overview explains the requirement and the terms buyers can negotiate.

The open-house guidance also includes a live virtual tour conducted by your agent on your behalf. You don’t have to be physically present together for the touring requirement to apply.

This is an MLS policy, not a statement that one identical statute applies in every state. Your agent’s brokerage should explain the applicable state requirements alongside its MLS obligations. A state agency disclosure and a buyer service agreement may serve different purposes; ask what each document does.

If a private showing is tomorrow, request the proposed paperwork today. Reading a contract while standing on a doorstep makes it harder to compare services or ask about unfamiliar terms.

Which terms should you discuss before signing?

Use the conversation to establish what you are buying and for how long. Useful questions include:

Term	Question to ask
Services	Which searches, tours, negotiations, and transaction tasks are included?
Duration	When does the agreement begin and end?
Coverage	Does it cover one property, a particular area, or a broader search?
Exclusivity	What happens if I work with another brokerage?
Compensation	What amount or method have we agreed to, and who could owe payment?
Ending the relationship	What termination process and continuing obligations apply?

These are discussion prompts, not suggested contract language. NAR says compensation is negotiable. There is no reason to accept an unexplained fee as an industry-wide requirement.

Have the agent explain how a seller contribution would interact with your obligation. A hoped-for payment from another party shouldn’t leave you guessing about what you might owe if that payment doesn’t happen.

How can you check the agent before committing?

An agreement tells you what services are promised; it doesn’t establish that the signer holds current practice authority. Verify the agent through the state’s official regulator and check the brokerage relationship where applicable.

Our real estate license lookup tools point you toward official records. Match the person using the license identifier rather than relying on a common name or a polished profile. If the result raises a status question, resolve it before hiring the professional.

For an explanation of the licensing pathway behind those records, see how to get a real estate license.

What if the documents don’t match what you discussed?

Pause and ask the brokerage to reconcile the discrepancy. An agreement covering an entire region for months is different from the single-property arrangement you thought you discussed. A verbal assurance about easy cancellation deserves a corresponding explanation of the written terms.

If a clause still isn’t clear, seek advice from an attorney familiar with the transaction’s state. The aim is to understand the actual commitment before signing. Buyers can then arrange tours knowing who represents them, what services they have agreed to, and how compensation works.

New agents can also use our agent licensing guides to locate their regulator before discussing state-specific requirements with their supervising broker.

Source review: October 5, 2026. Check the linked official guidance for changes before acting.