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Why might an agent ask me to sign a written agreement before a private home tour when I can visit an open house without one? Is this a Florida law?

Staff Q&A from the 63Hours team.

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Under NAR's practice rules, covered MLS participants working with a buyer need a written buyer agreement before touring a home; visiting an open house independently is different. This requirement should not be described as a universal Florida statute applying to every visitor or every licensee.

NAR's homebuyer guidance distinguishes touring with your agent from attending an open house on your own or simply discussing services. Covered tours include in-person visits and live virtual tours. The agreement makes the services and compensation arrangement clear before the agent starts showing homes on your behalf.

For example, walking into a Saturday open house and asking the listing representative about the roof is not the same situation as asking a buyer's agent to arrange three private viewings for you. The listing representative's role also does not automatically change just because you ask a question.

Before signing, discuss:

  • Which properties or area the agreement covers.
  • How long it lasts and how it can end.
  • The services being offered.
  • The compensation amount or calculation and who may pay it.

A written agreement is worth reading even if a tour is only fifteen minutes long. Ask for an explanation of anything unclear and do not assume the document is merely an attendance form. NAR's agreement guidance describes negotiable scope and duration; a nationwide practice rule does not mean every agreement must have identical terms.

Our brokerage relationships guide helps separate the professional's role from the contract for services. Ask the brokerage which rule and agreement apply to your situation before arranging the tour.

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