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Can a Buyer View a Home without a Representation Agreement?

With the new rule changes effective August 2024 from the NAR settlement, buyers now need a Buyer Representation Agreement with their agent before viewing homes. I’ll cover the two types of these agreements in a future post.

If a buyer isn’t ready to commit to an agent, can they still see properties without signing an agreement? The answer is yes—buyers can attend Open Houses or request private tours with the listing agent. Every listing should have an Open House when it first hits the market, allowing all potential buyers to view the home.

Some agents may ask buyers to sign a Buyer Representation Agreement at Open Houses, but this is not a requirement. During an Open House, the listing agent represents the seller. Unrepresented buyers can also ask the listing agent to show them the property. Just like with Open Houses, the listing agent’s role remains focused on the seller, so a Buyer Representation Agreement isn’t necessary.

It’s important to note that listing agents are not obligated to show their listings to buyers but the seller may not know they are denying showings.  If you’re selling your home, ensure you communicate to your listing agent that you want them to promptly show the property to interested buyers. Personally, I only show my listings if the buyer has a mortgage prequalification letter or proof of funds for cash purchases. Without this, you’ll need to rely on Open Houses.

For Open Houses and private tours with the listing agent, there’s a disclosure form called the California Association of Realtors Form OHNA-SI (Open House Visitor Non-Agency Disclosure and Sign-in). This form clarifies that the listing agent is not representing the buyer. Here’s a link to a YouTube video explaining the form.

This disclosure also serves as a sign-in sheet for the listing agent to gather buyer leads during Open Houses. Remember, this form is not a binding agreement; you’re not required to sign anything. However, the listing agent or seller may ask you to provide your name and contact information on a sign-in sheet to view the home.