Do You Have to Sign?
Before discussing what and when you do and don't have to sign, it's important to remember there is a difference between state laws and NAR rules. For example, some states, like Virginia, have had laws for years that require a written agreement before an agent can legally begin substantial representation. This agreement typically has to be signed before or at the first showing, and has nothing to do with the NAR rules.
Other states, like Florida, don’t have such laws. But, if your agent is a Realtor (and most showing agents are), a 2024 settlement between the Department of Justice and the National Association of Realtors means Realtors are still required to get a signed contract before showing you a property in most cases. This isn't just a recommendation. Realtors who show you a home without first securing a signed agreement may be violating that settlement and could be fined or lose access to the Multiple Listing Service (MLS). Here’s the NAR guide explaining it.
There are two exceptions: Alabama and Colorado. As of this writing, both states have laws on the books that supersede the NAR rule, allowing buyers to tour homes without needing to sign an agreement right away.
The Big Caveat: This NAR rule only applies when you're touring the home with an agent who is not the listing agent for the property. According to NAR, listing agents are not required to obtain a signed buyer-broker agreement just to show their own listing. They also aren't required to have open house attendees sign anything. However, if the listing agent begins to represent you (for example, by offering advice or answering questions beyond basic property details), you may be asked to formalize that relationship with a signed agreement.
In some cases, a listing agent might ask you to sign a disclosure form clarifying that they do not represent you in the transaction. This is simply an acknowledgment of their role, not a binding contract obligating you to work with them. If they ask you to sign this disclosure form before showing you the property, it’s typically a brief, one-page document meant only to clarify that they are not representing you. As long as you read the fine print, it’s usually nothing to worry about. If your main goal is simply to tour the home without engaging an agent, signing this form shouldn't be a major concern.
If you really don't want to sign anything at all, but still want to see the home, let's talk about your options.
What If You’re an Unrepresented Buyer?
If you've chosen to go it alone (or better yet, use Homa to help guide you) and are not working with a real estate, you likely should not have to sign anything to tour a home.
You do not have to sign a contract just to tour a home if:
You’re unrepresented
The listing agent is only showing you their own listing
You don’t want that listing agent to represent you
If the agent still insists on you signing an agreement, you can point them to their own NAR guidelines. Note that a listing agent showing you their listing when there is no representation agreement is considered by NAR as the same as an open house.
And if the agent still refuses? You can contact the seller directly. It’s not illegal. It’s not unethical. You can either knock on the door, send a letter, or look up their contact info via public records and give them a call. There's no rule or law that prevents an unrepresented buyer from seeing a home. Despite what some listing agents may tell you, if you plan to represent yourself - or just don’t want to commit to an agent - you are still allowed to see the home.
With Homa, you also have an additional option to see a home without signing a costly, binding agreement. Homa has partnered with the nation’s largest home showing platform to give you access to no-commitment, agent-free showings for the times a listing agent can't or won't show you the home themselves. Sign up at www.tryhoma.com for exclusive access.
Keep in mind that a listing agent's schedule may truly not accommodate showing you the home, in which case they are allowed to say they cannot show it to you. If that's the case, Homa's showing partner is a great option.
