Key Takeaway
An MLS Participant working with a buyer must sign a written buyer agreement before touring a home with that buyer, including live virtual tours. Visitors attending an open house on their own, and unrepresented buyers shown a home by the listing agent, are not covered. An agreement can cover one property or one day where state law and brokerage policy allow.
TL;DR About Showing a House Without a Buyer Agreement
- Agreement required before touring with your buyer.
- Live virtual tours count as tours.
- Sending listings is not touring a home.
- Independent open house visitors need no agreement.
- Listing agents can show unrepresented buyers.
- Agreements can cover just one property.
- State and brokerage rules can be stricter.
Showing a house without a buyer agreement means touring a home with a buyer before a written agreement is signed. Under NAR’s MLS policy, an MLS Participant working with a buyer generally needs that signed agreement before any tour.
Many agents assume every person who walks into a home for sale must sign a buyer agreement first. The rule is narrower, and open houses and unrepresented buyers follow different terms.
The requirement took effect on August 17, 2024, and it remains part of NAR’s MLS policy in 2026.
This article explains when an agreement is required, what counts as a tour, how open houses and listing agents fit, and how limited agreements work:
Table of Contents
When Do You Need a Buyer Agreement to Show a House?
A written buyer agreement is a signed contract between a buyer and a brokerage. It sets the terms of the agent’s services. Under NAR Policy Statement 8.13, an MLS Participant working with a buyer must sign this agreement before touring a home with that buyer.
The rule applies only when two conditions are true. The agent is working with the buyer, and the agent is about to tour a property for that buyer. If either condition is missing, this rule does not require an agreement.
Early conversations do not trigger the requirement. An agent can explain services, discuss properties, and answer general questions first. Many agents use a buyer consultation meeting to review the agreement before the first showing.
The NAR rule is a minimum standard. It does not override state law, local MLS rules, or brokerage policy, and any of these can require an agreement earlier or add steps.
What Counts as Touring a Home?
Touring means entering a property with the buyer or entering it on the buyer’s behalf. NAR’s Written Buyer Agreements 101 guidance confirms that live virtual tours are included.
If an agent walks through a house while the buyer watches on FaceTime, that is a tour. The buyer’s location does not matter. The agent is entering the property for the buyer and showing it live, so the agreement must be signed before the agent goes in.
Some activities are not tours. Sending a listing, discussing a property’s features, or reviewing available information does not count as touring. NAR also describes ministerial acts, which are basic administrative tasks. Ministerial acts alone do not create a buyer representation relationship or trigger this requirement.
The rule cannot be avoided by having another agent open the door. If the original agent is still working with the buyer, the requirement still applies to that tour.
Can Buyers Attend Open Houses Without Signing?
An unrepresented buyer, meaning a buyer with no agent working for them, can walk into an open house without signing a buyer agreement.
The agent hosting the open house works on behalf of the seller. The host provides access for the seller and is not each visitor’s buyer agent, so the host does not need a signed agreement with every visitor. The NAR Settlement FAQs address open house visits under the rule.
This exception covers visitors who attend on their own, not buyers who already have an agent. If a buyer’s agent brings a client to an open house and walks them through the property, that visit is a tour, and the agreement must be signed first.
The exception also ends when the host’s role changes. If the host agrees to work with a visitor as their buyer agent, the agreement is needed before any private showing.
Can Listing Agents Show Unrepresented Buyers?
A listing agent represents the seller. When an unrepresented buyer asks the listing agent directly to see the home, the listing agent can provide access while acting only for the seller. The NAR rule does not require a buyer agreement in this case, because the listing agent is not working with the buyer.
The listing agent should tell the buyer clearly that they represent the seller, not the buyer. How buyers without an agent affect compensation is covered in who pays the buyer’s agent in 2026.
The relationship can change. If the listing agent begins providing buyer representation services, or enters dual agency where the state and brokerage permit it, the agent is now working with the buyer. At that point, the agreement requirement applies before any further tour.
Showing a listing to an unrepresented buyer does not, by itself, make the listing agent that buyer’s agent.
Can You Use a 1-Day Buyer Agreement?
A buyer agreement does not have to last six months. Under the NAR rule, an agreement can cover a single property or a single day, if state law and brokerage policy allow it.
A limited agreement is still a formal written agreement, not a verbal understanding. It must state the services the agent will provide, how long the agreement lasts, and whether it is exclusive. It must also state the compensation. Compensation is negotiable, but it must be clearly specified and cannot be left open-ended.
Some parts of the arrangement are fixed and some can change. The requirement to have a signed agreement before touring is fixed. The length, the number of properties covered, and the compensation amount are negotiated between the buyer and the brokerage.
A limited agreement meets the touring requirement. It does not replace the requirement or create an exception to it.
Building Buyer Agreements Into Your Showing Process
A common misunderstanding is that the agreement can wait until the agent and buyer meet at the property. Handling the agreement before scheduling the showing prevents that gap.
For example, a buyer calls about a house and wants to see it that afternoon but does not want a six-month commitment. The agent offers an agreement covering only that house. After the showing, the buyer asks to see three more homes. The agent confirms the agreement covers them before touring.
Brokerage policy sets which forms to use, when they must be signed, and where they are stored. Agents at eXp Realty confirm these details with their state’s supervising broker before arranging tours.
What Agents Also Ask
Does a FaceTime showing require a buyer agreement?
A live video showing counts as a tour under the NAR rule. When an agent walks through a home while the buyer watches live, the agent is entering the property on the buyer’s behalf. An MLS Participant working with that buyer needs a signed written agreement before entering the home.
What if a buyer refuses to sign a buyer agreement?
An agent working with a buyer cannot tour a home with that buyer until the written agreement is signed. The agent can ask what the buyer objects to and offer a shorter agreement if allowed. A buyer who still declines can attend open houses alone or contact listing agents directly.
What is a buyer representation agreement?
A buyer representation agreement is a written contract between a buyer and a brokerage. It states the services the agent will provide, its length, whether it is exclusive, and how the agent is paid. NAR’s MLS policy requires one before an MLS Participant tours homes with that buyer.
Why This Matters
Buyer agreement rules decide when an agent can tour a home, and the brokerage supplies the forms, so the brokerage choice affects every showing. At eXp Realty, all agents receive the same core brokerage platform, including compliance, compensation, and access to company divisions. What differs is the sponsor ecosystem an agent aligns with.
The sponsor an agent selects shapes which tools, training, and attraction systems they have access to, including scripts for explaining buyer agreement terms before a first showing. Agents weighing that choice should check their brokerage’s buyer agreement process alongside the Smart Agent Alliance team value a sponsor brings.
