Golden Rule
A signed written buyer representation agreement is required before any live tour (in-person or virtual).
📋 Before Any Live Tour
- Confirm a signed buyer representation agreement is on file for this client
- Verify compensation is stated as a specific number or percentage using objectively ascertainable language
- Obtain signatures before any property access
- Do not collect signatures during or after a tour
- Log the agreement in your CRM and attach the PDF to the client record
- Note agreement start date, end date, and any exclusivity clauses
💻 Virtual Tour Requirements
Agreement Required
- FaceTime or WhatsApp video walkthroughs with live agent commentary
- Zoom-based tours with Q&A
- Hybrid or VR experiences that include real-time agent guidance
Agreement Not Required
- Pre-recorded videos, 360° tours, and listing media that a buyer views on their own
Record Keeping
- Log the date, time, and platform for any live virtual tour
- Add a short note in the client file
🏠 Open House Exception
What You May Do Without an Agreement
- ✓ Attend open houses freely
- ✓ Ask basic property questions
- ✓ Receive marketing materials and disclosures
Boundary to Keep in Mind
Do not provide personalized advice or advocacy without an agreement in place.
Suggested Sign-in Disclaimer:
"By signing the open house register, you acknowledge that no buyer representation relationship is created. The hosting agent represents the seller exclusively."
📅 After Tours & Ongoing Practice
- Review agreement expiration dates each month and renew as needed
- If compensation changes, execute a written amendment before continuing services
- Document communications and keep a clear audit trail for live virtual tours and showings
Penalty Reminders
$200-$500
Typical first violation for touring without an agreement
$1,000+
Compensation and agreement violations may implicate broker liability
MLS Suspension
Risk for repeat violations
Always review your local MLS handbook.