Nikki Lagouros

Can You Tour a Home Without Signing a Buyer Agreement in Virginia?

Can You Tour a Home Without Signing a Buyer Agreement in Virginia?

In Virginia, a real estate licensee engaged to represent you as the buyer must have a written brokerage agreement with you before showing you property. But some ways of viewing a home do not require you to sign a buyer representation agreement. For example, you can attend an open house on your own or have the seller’s listing agent show that seller’s property while you remain unrepresented. The key question is who is showing you the home and whom that person represents.

The Short Version: It Depends on Who Is Showing You the Home

Virginia’s rule is easier to understand when you separate access to the property from buyer representation. A buyer’s agent showing you a home is one situation. A listing agent showing the seller’s home is another.

SituationBuyer agreement before the tour?Who the agent representsWhat you should know
Your buyer’s agent takes you through a propertyYesYou, under the buyer brokerage relationshipThe written brokerage agreement must be in place before the buyer-side showing.
Your buyer’s agent enters and gives you a live virtual tourYesYouVirginia includes this type of live virtual tour in “showing property.”
You attend the seller’s open house on your ownGenerally no buyer representation agreement with the listing agentSellerYou can view the property without making the listing agent your buyer’s agent. Seller-representation disclosure rules can still apply.
The seller’s listing agent privately shows you that seller’s property while you remain unrepresentedNo buyer brokerage agreement with that seller-side agent merely for the showing under the seller agreementSellerBeing shown the home is not the same as having that agent represent your interests.
You ask about services or receive property-specific materials before becoming a clientNot necessarilyNo buyer relationship yetDiscussion and preparation can happen before a brokerage relationship. A buyer-side showing is different and requires the agreement once the licensee is engaged by you.

General information only: the answer can change if the representation relationship changes or a different brokerage agreement applies.

What Virginia Law Requires Before a Buyer’s Agent Shows You a Property

The controlling state rule is straightforward. Virginia Code § 54.1-2132 says that a licensee engaged by a buyer must enter into a brokerage agreement with the prospective buyer before showing property to that buyer.

Virginia uses the broader legal term brokerage agreement. In everyday real-estate language, buyers commonly hear “buyer representation agreement” or “buyer-broker agreement.” The important point is not the label. It is that a written agreement establishes the buyer-side brokerage relationship before the showing.

That rule should not be stretched into “everyone must sign before entering any Virginia home.” Virginia Code § 54.1-2131(G) separately says a licensee engaged by a seller does not have to enter into a buyer brokerage agreement with a prospective buyer merely to show the seller’s property when the showing is being conducted under the seller’s brokerage agreement.

What Counts as “Showing Property” in Virginia?

Virginia Code § 54.1-2130 defines “showing property” more broadly than simply walking a buyer from room to room. It includes:

  • An in-person tour: taking a prospective buyer to the property, getting access, and taking the person through it.
  • A live virtual tour: the licensee enters the property and provides a live virtual tour to a buyer who is not physically there.
  • Certain brokerage activity at the property: answering questions or providing nonpublic property information while at the property, or otherwise providing brokerage services there.
Woman using a smartphone mounted on a tripod for a video call.

Can You Attend an Open House Without Signing a Buyer Agreement?

Generally, yes, if you attend the open house on your own as an unrepresented buyer. NAR’s current consumer guidance says a consumer who is simply visiting an open house independently does not need to sign a written buyer agreement. Virginia REALTORS® also explains the open-house distinction under Virginia law.

Couple looking around the interior of a residential property.
Buyers can generally attend an open house independently without signing a buyer-representation agreement.

What matters is the relationship. At the seller’s open house, the listing agent represents the seller. If you have a substantive discussion about a specific property and you are unrepresented, Virginia Code § 54.1-2138 requires disclosure of the brokerage relationship the licensee has with the other party.

So an open house can give you access without creating buyer representation. It does not turn the listing agent into your advocate simply because you spoke with them or toured the property.

Can the Listing Agent Show You the Home Without Representing You?

Yes. Virginia law allows a seller-engaged licensee to show the seller’s property to a prospective buyer without first entering into a buyer brokerage agreement with that buyer, as long as the showing is conducted under the seller’s brokerage agreement. That is the seller-agent exception in § 54.1-2131(G).

The important difference is representation. A listing agent can provide access and certain assistance while still representing the seller. Virginia law says those ministerial acts do not, by themselves, create a brokerage relationship with the buyer.

If the relationship later changes and the same licensee or brokerage would represent both sides, Virginia’s dual-agency and dual-representation rules require written consent after disclosure of the consequences. A listing agent does not silently become your buyer’s agent because they showed you the property.

Do You Have to Sign a Long or Exclusive Agreement Just to Tour?

Virginia law requires a written buyer-side brokerage agreement before a buyer’s agent shows you property, but it does not say every agreement must be exclusive or last for one fixed period. The actual form and options offered by a brokerage can vary.

Virginia Code § 54.1-2137 requires brokerage agreements to be in writing and to have a definite termination date. If an agreement fails to state a definite termination date, the statute supplies a 90-day fallback. That does not mean Virginia requires buyers to sign a 90-day agreement.

NAR’s consumer guide says buyers can negotiate aspects such as services, agreement length, and compensation. Still, do not assume a brokerage offers a one-day, one-property, non-exclusive, or easy-cancel option. Ask what the specific agreement says before you sign.

What Should You Check Before Signing a Virginia Buyer Agreement?

Two women reviewing paperwork together at a glass table.
Review agreement scope, duration, services, and compensation before signing.

You do not need to turn the agreement into a law-school exercise, but you should understand the parts that affect your commitment, services, and cost. Ask these questions before the first buyer-side showing:

What About Buyer-Agent Compensation?

There is no fixed buyer-agent commission for Virginia or Northern Virginia. NAR’s current guidance states that compensation is negotiable. Virginia law requires the brokerage agreement to state the brokerage fees and how and when they are paid.

Your agreement is the starting point for understanding your obligation. Depending on the transaction, a buyer can request or negotiate for the seller or listing side to contribute toward buyer-agent compensation, but that contribution is not automatic or guaranteed.

Virginia Law vs. the NAR Rule: Why You May Have Heard Different Dates

Two different changes are often blended together online, but they are not the same thing.

  1. Date
    August 17, 2024
    What changed
    NAR buyer-agreement practice changes took effect for many covered real-estate professionals and MLS participants as part of NAR’s settlement-related rule changes.
  2. Date
    July 1, 2025
    What changed
    Virginia’s own statutory changes took effect, including the current state-law requirement for a licensee engaged by a buyer to have a brokerage agreement before showing property and the seller-agent exception described above.

The 2024 NAR change is an industry rule for covered professionals, not a federal law. For the Virginia legal question, the current Virginia Code controls. NVAR’s 2025 legislative update explains the state-law change and its July 1, 2025 effective date.

What This Means for Northern Virginia Buyers

The same Virginia framework applies whether you are looking in Reston, Fairfax County, Loudoun County, Arlington, Alexandria, Prince William County, or another Northern Virginia community. If your own buyer’s agent is taking you through a private showing, expect the agreement conversation to happen before the tour.

That conversation should give you a chance to understand the agreement before you sign it. Best Reston Agent’s current buyer FAQ says buyer-agent compensation is explained for the buyer’s specific situation before a buyer representation agreement is signed. If you are a first-time buyer, the Northern Virginia first-time homebuyer resource can also help you understand the broader buying process.

If you want your own representation for private tours, review Best Reston Agent’s buyer services and ask about the agreement’s scope, term, services, compensation, and agency relationship before the first showing is scheduled.

Frequently Asked Questions

Can I ask a Virginia agent about a property before signing anything?

Yes, asking about services or receiving property-specific materials is not the same as a buyer-side showing. Virginia Code § 54.1-2137 says a licensee is not required to enter a brokerage agreement merely before preparing property-specific materials with the intent to obtain a brokerage relationship. Once the licensee is engaged by you to provide the showing, the buyer-side agreement rule applies.

Can I sign an agreement for just one house or a very short period?

Possibly, but do not assume a particular brokerage offers that option. NAR says agreement length and services are negotiable, while brokerage forms and policies vary. Ask whether the scope or term can be limited and read the exact agreement before signing.

Can I cancel a buyer representation agreement in Virginia?

That depends on the agreement and the circumstances. Virginia Code § 54.1-2137 addresses how brokerage relationships end, and NAR notes that parties can mutually agree to change an agreement. For advice about your specific cancellation or release rights, review the contract and consult a Virginia attorney if needed.

What if the listing agent later offers to represent me too?

That changes the representation question. Virginia permits disclosed dual agency or dual representation only after written disclosure of the consequences and written consent from the parties. Do not assume the listing agent already represents you just because they showed you the home.

Does the seller have to pay my buyer’s agent?

No. Your written buyer agreement should tell you what compensation you are responsible for. Seller or listing-side contribution may be requested or negotiated in a transaction, but it is not guaranteed. Compensation is negotiable, so one percentage should not be treated as the “standard” Northern Virginia rate.

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