Going to open houses without your own agent

Who the host represents

Open houses are usually hosted by the listing agent or another agent from the listing brokerage. Their job is to market the home for the seller and, often, to meet buyers who do not yet have an agent.

In most cases, that means the host's duties run to the seller. State law defines those duties. Texas, for example, requires every license holder to give prospective buyers and sellers an Information About Brokerage Services notice, which explains that a broker representing a client must put that client's interests above all others and tell the client any material information it learns about the property or transaction. Other states have their own disclosure forms and rules.

The practical takeaway: assume anything you say could be passed along to the seller.

Do you need an agreement to attend?

No. After the 2024 settlement involving the National Association of Realtors, agents who are NAR members and work with buyers generally need a written agreement before touring homes with them. NAR's consumer guidance on the settlement says that requirement does not apply if you are just speaking to an agent at an open house or asking about their services.

So you can walk into a public open house, look around and ask questions without signing anything. If you later ask the same agent to show you other homes privately, expect to be asked for a written agreement.

What to ask

Questions about the home and the sale are fair game and often useful:

• How long has the home been on the market, and has the price changed?
• Are there offers already, or an offer deadline?
• What is included with the sale, such as appliances or window coverings?
• What do the utilities, taxes and any association dues run?
• Has the seller made recent repairs or replacements, and are there records?
• Are there disclosure documents I can see?

The host may not answer everything, but the answers you get help you decide whether to come back with your own agent and an inspector.

What not to share

Keep these to yourself at a seller's open house:

• The most you could pay. Your ceiling becomes the seller's target.
• How much you love it. Enthusiasm tells the seller there is less need to negotiate.
• Your timeline pressure. A lease ending next month is negotiating information.
• Your financing details. You can say you are getting preapproved without giving numbers.

Being friendly is fine. Being specific about money and urgency is the part to avoid.

If the host offers to represent you

Some hosts will offer to help you make an offer on the home. If the same agent or brokerage represents both you and the seller, that may be dual agency or another limited arrangement. State law decides whether that is allowed and what the agent may do. Before agreeing, ask in writing:

• whose interests the agent will represent
• what the agent can and cannot tell each side
• how the agent will be paid and how much you would owe, if anything
• whether you can end the arrangement and how

You can also decline and bring in your own agent or a real estate attorney.

Keeping notes

After a few houses, details blur. Use the same short note format for each visit: the address, asking price, what you liked, what concerned you and any questions to follow up on. Photos help, but ask the host before taking them, since some sellers do not allow it.

Freddie Mac's buyer guidance on making an offer lists recent sale prices of similar homes nearby and the condition of the house among the key considerations in setting a price. Your open house notes become part of that homework.

The bottom line

You can attend open houses without an agent and without signing anything. Treat the host as the seller's representative, ask questions about the home and the sale, keep your budget and urgency private and read every form before signing. When a home is worth pursuing, decide deliberately how you want to be represented.