Part of the Agency Agreement Decoder^™ framework

This post expands on my YouTube episode, 3 Times You Should Not Sign a Buyer Broker Agreement. Both the video and this article are part of The Agency Agreement Decoder^™ framework within the Real Talk Home Buyer Success Series^™ — a step-by-step education system designed to help homebuyers understand what they’re being asked to sign before they commit to their agent.

Do You Have To Sign A Buyer Broker Agreement To Tour A Listing?

Most homebuyers have been told a story that simply isn’t true:
“You have to sign a Buyer Broker Agreement before you can tour a home.”

It sounds definitive. It gets repeated everywhere. And in the post–2024 NAR settlement world, it feels even more non-negotiable.

But here’s the truth:
There are three specific exceptions that let buyers tour homes without signing a representation agreement. Most buyers have no idea these options exist — and many agents aren’t explaining them.

This post describes those exceptions, clarifies the rules, and helps buyers avoid being pressured into signing agreements they aren’t prepared to sign.

By the end of this post, you will know the definitive answer to “do I need to sign a buyer broker agreement?”

What a Buyer Broker Agreement Actually Is

A Buyer Broker Agreement — also called a Buyer Agency Agreement or Buyer Representation Agreement — is a contract that outlines:

• the services a buyer’s agent will provide,
• how long the relationship lasts,
• the geographic area of representation, and
• how the agent will be compensated.

After the August 2024 NAR settlement, these agreements became mandatory before a buyer can step into a property — even for virtual tours. These agreements must also specify the agent’s compensation.

This shift created real confusion. Early commentary suggested that buyers would now have to pay agent fees out of pocket, making getting into a new home even more daunting.

Time has passed, but the confusion around these agreements has not gone away — and buyers are still unsure about when they’re required to sign. Here is your definitive guidance.

Exception #1 — Touring Properties Not Listed in the MLS

The 2024 NAR settlement governs NAR members and their MLS systems. That means:

If a property is not listed in an MLS, and the agent showing it is not a NAR member, the mandatory representation rule does not apply.

But the practical reality is that nearly all homes buyers want to see are listed in their local MLS and displayed through portals like Zillow, Redfin, or their agent’s website. These platforms syndicate MLS data directly.

So while this exception is real, it applies to only a tiny portion of the market.

Exception #2 — Touring With the Listing Agent Directly

If you schedule a tour with the listing agent, that agent represents the seller, not you. Because they aren’t your representative, they cannot require you to sign a Buyer Broker Agreement.

This also applies to:

• team members working under that listing agent
• brokerage colleagues
• showing assistants representing the listing side

But will they disclose this? More likely they will hand you a Buyer Broker Agreement, telling you the new buyer broker agreement rules require it. I can’t honestly tell you whether these agents are lying to you, or simply don’t understand the new rules.

Either scenario is bad news for homebuying consumers.

What can happen is that they ask you to sign a disclosure form stating they do NOT represent you. This is a legitimate form meant to protect them, and they can prevent you from touring if you don’t sign that form.

Read what they hand you. If it looks like a representation agreement, push back. You do not want to (and don’t have to) subject yourself to dual agency to tour a home with the seller’s representative.

If the form specifically says they don’t represent you, feel comfortable signing that form. Be aware that touring a home with any agent who isn’t your signed representative means that you should take anything said with a grain of salt. The duties owed by an agent who doesn’t represent you are not the same as an agent who does represent you, so be aware.

Exception #3 — Touring Through an Open House Host

Open house hosts represent the seller in this activity, just like the listing agent. Your open house host might be the listing agent, or a member of that agent’s team or some other agent, but in their capacity as an open house host, their primary duties are owed to the seller, not you.

Just like Exception #2, this means buyers can tour the listing without signing a Buyer Broker Agreement.

💡 Pro Tip: Open Houses are when buyers are most aggressively pushed toward dual agency. Generally, agents agree to host an open house for the specific purpose of snagging buyer clients, so be on your toes.

Critical Side Note: Dual Agency

Dual agency — when one agent or brokerage represents both the buyer and the seller — is a built-in conflict of interest. It’s illegal in eight states and only legal elsewhere because of heavy lobbying by realtors.

What conflict?

Buyers want:

• the lowest price
• the strongest terms
• confidentiality
• strategic leverage

And sellers want the opposite.

At best, a dual agent becomes a neutral facilitator, not a true advocate. And why would you ever pay the steep commission defined in the Buyer Broker Agreement for anything less than zealous advocacy for your highest and best interests?

It’s very common for buyers to unknowingly sign a representation agreement with an open house agent or listing agent — thinking it’s required — and end up trapped in dual agency.

You don’t need to sign anything to tour with a seller’s representative.

So When Do Buyers Need a Buyer Broker Agreement?

If you want to tour MLS-listed homes with your own agent,
you will need a Buyer Broker Agreement of some variety. This is what buyer broker agreement rules from the 2024 NAR settlement require.

But here’s the best part, and the part most buyers never hear: Buyer Broker Agreements are 100% negotiable. The NAR agrees with me.

You can:

• limit the term,
• narrow the geography,
• restrict agency conflicts,
• define compensation clearly,
• and otherwise shape the agreement to match your comfort level.

Buyers can build lightweight, buyer-first agreements that get them in the door without giving up leverage. The only requirement from the 2024 NAR settlement is that compensation must be defined in the agreement and in very specific terms.

And once you understand how these contracts work, you become the strongest person in the room.

FAQ: What Buyers Are Asking Right Now About Touring Properties Without Buyer Broker Agreements

Your Next Step

If you’re ready to gain an even deeper understanding of these agreements and the new buyer agency agreement requirements — and how to negotiate them — start with the next lesson in this series, where I break down the essentials.

Ready To Dive Right Into Creating Your Own Buyer-First Broker Agreement?

🎓 Enroll in Agency Agreement Decoder^™ → AgencyAgreementDecoder.com
Learn how to decode, revise, and rebuild your Buyer Broker Agreement using real contract examples.

🧾 Download the Core 5 Clauses Checklist^™ → RealTalkLearning.com/Core-5-Checklist
Spot the red flags before you sign anything.

📘 Upgrade to the Core 5 Fast Action Workbook^™ → RealTalkLearning.com/Core-5-Workbook
Turn the checklist into your negotiation playbook.

Related Posts:
The Complete Guide To Buyer Broker Agreements
Buyer Broker Agreement Essentials
The 5 Core Clauses Every Buyer Broker Agreement Should Include
Zillow’s Touring Agreement: Consumer Friend Or Foe?
Buyer Broker Agreements in the Wild: Real Examples Explained
How to Read and Decode Your Buyer Broker Agreement