Touring And Agreements

WHAT DOES 'HOME TOUR' MEAN?

Home tours are in-person or virtual showings of a home that is for sale. Touring affords buyers the opportunity to assess the home’s floor plan, style, condition, attributes and drawbacks. as well as to see the immediate neighborhood firsthand.

Homes can be toured in other ways, as well; via virtual tours and videos utilizing drone technology, anv during open houses.

Tours of properties listed by brokerages must be arranged via the listing agent. Typically the buyer’s agent makes these arrangements. If the buyer is unrepresented, it is still necessary to arrange private tours through the listing agent. Buyers may also attend open houses when advertised.

MUST I SIGN A AGREEMENT BEFORE AN AGENT SHOWS ME A HOUSE?

That is now a requirement , yes.  As a direct result of the National Association of Realtors (NAR) settlement with class action parties, real estate brokerages now require a signed agency agreement before touring homes with buyers. This may even affect how open houses and practices relating to ‘ministerial acts’ for unrepresented buyers are managed.

NOT JUST FOR REALTORS

The rule applies to any MLS Participant “working with” a buyer will be required to enter into a written agreement with the buyer prior to touring a home, including both in-person and live virtual tours.

While it has long been a recommended practice for agents to obtain a signed agreement prior to performing any work for a home buyer, it is no longer optional. The National Association of REALTORS® settlement, which is enforced by Realtor-controlled Multiple Listing Services, requires all MLS participants working with buyers to have a written agreement prior to home tours. This applies to NAR members, and other real estate agents, as well.

Witten agreements may include, but are not limited to, the GCAAR Buyer Agency Agreement, a one-time showing agreement, a limited services agreement, a ‘touring agreement’. Brokerages dictate which types of agreements and agency their affiliated agents may use.

The home buying process, should begin with prospective buyers obtaining a pre-approval letter or funds verification letter (cash buyers) from a local, reputable lender, then interviewing agents and discussing agreements.

See our page Steps To A DC Hone Purchase.

Author

GET EXPERT GUIDANCE WHEN YOU WORK WITH WITH SUSAN

EXPERIENCE | EXPERTISE

Susan pairs two decades+ of skilled representation experience with superior negotiation skills and a wry sense of humor to make your real estate search successful and fun. 

BUYER WHISPERER

Susan’s ability to match buyers with ideal properties is one of the reasons their search cycles are shorter and less frustrating. Understanding buyer needs is key to her success.

RE-ENVISIONING HOMES

Susan’s years of experience in re-configuring spaces and property renovation are a benefit to buyers looking for ‘fixer’ opportunities in a tight or competitive market.  Finding the perfect home doesn’t always mean finding a turnkey home. Personalizing a space can be fun!

PRICING SAVANT

Susan hsa an uncanny ability to price homes, on both the buy and sell sides. Along with a deep level of understanding of vaulation metrics and pricing trends, her ‘three way CMA’ helps her calculate the high and low end for a home price with amazing accuracy.

BUYING WITH COMPASS

AN UNPARALLELED EXPERIENCE

Compass is ranked as the top brokerage nationally due to its extensive network of sellers and buyers, sophisticated home search tools, “Private Exclusive” and “Compass Coming Soon” networks, and advanced technology tools. Compass was ranked number one real estate brokerage in sales volume for the third year in a row by Real Trends.

ISAACS | COMPASS

Author | Agent

Skilled Realtor® Susan Isaacs is a 20+ year residential real estate and new construction veteran with expertise in buyer and seller representation, investor representation, new homes, relocation and exchanges. Licensed in the District of Columbia and Virginia since 2006. GCAAR Gold Award 2024, Modern Luxury Top Teams 2024, 2024 Elite Level Producer, Real Trends 2024, Compass Top Teams 2024.

Compass is the #1 real estate brokerage in the nation and a leader in real estate technology.

Susan Isaacs | Compass

Opens And Ministerial Acts

ATTENDING OPEN HOUSES

Buyers can search third party sites like Zillow for a general overview of the market in their desired locations before deciding on representation, and attend open houses to see what various price points offer in the way of condition, square footage, finishes and other property attributes.

Open houses are the only exception to the requirement for a Buyer Agency Agreement prior to touring. While buyers will be able to view the homes, it seems that gaining more than rudimentary information is unlikely. Hosts of open houses are typically agents interested in meeting buyers who have not yet chosen an agent, or a fill-in for the listing agent who could not attend. They are not experts on the homes they host, and these agents must be mindful of the restrictions involving answering questions and providing information without a written representation agreement.

UNREPRESENTED BUYERS

Touring Homes As An Unrepresented Buyer

The sole exception to the requirement for a Buyer Agency Agreement to tour MLS | broker listed homes is attendance at open houses, however, agents hosting open houses must be mindful of the restrictions of answering questions and providing information without a written representation agreement. Buyers should understand that the hosts of open houses are typically agents interested in meeting buyers who have not yet chosen an agent. They are not experts on the homes they host, and they are bound by the afore-mentinoed restrictions.

Unrepresented buyers may experience difficulty or delays in touring homes without an agent, not for any nefarious reasons, but because of the practicalities involved. While listing agents want to facilitate all possible showings for their seller, touring unrepresented buyers poses vetting and scheduling difficulties as well as safety risks:

  • Unrepresented buyers have not been vetted by an agent or lender. The listing agent can not be sure they possess the qualifications to purchase the home, intend to proceed with a purchase in a timely manner, or are even who they say they are.
  • Listing agents may not be available–especially on short notice–to meet a buyer for a showing. In the past, this task would often be assigned to another agent, who would hope to gain the buyer’s business. Now, however, that agent can’t show the property without an agreement, either.
  • Some brokerages may allow the use of touring agreements for unrepresented buyers. This  practice may or may not involve a fee, and the terms of these agreements vary according to their source.
  • Buyers can’t count on attending open houses to access the full scope of available inventory since only a percentage of listings hold open houses.
  • DC real estate often sells very quickly. Delays of any kind can cause a buyer to lose the opportunity to purchase a home.
  • Unrepresented buyers will miss out on off-market listings. Over a million off-market homes have been sold in the U.S. this year. A significant portion of DC real estate is sold as ‘pocket listings’ or ‘private exclusives’ on broker private networks.

We suggest that unrepresented buyers wishing to tour a listing:

  • Be prepared with a pre-approval letter from a local, reputable lender whose contact information is included on the letterhead and offer it to the listing agent;
  • Request tours as far in advance as possible;
  • Request tours during normal touring hours;
  • Ask if there are any showing restrictions (such as 24 hour notice to tenant, or showing days/times restricted by homeowner occupant);
  • Put your request in writing (email or text) in addition to making a phone call for the best chance of receiving a timely response;
  • Attend an open house if one is available.
  • Find an agent willing and able to effect a touring agreement to show the property.

OUR TOURING PLAN

Susan’s touring process is simple and effective:

  • Request information relating to relationships with other brokerages and agents
  • Do not tour without a signed Buyer Agency Agreement
  • Create a Compass Collection(s) filtered by the criteria you choose
  • Identify properties of interest, both on-market and on ‘private exclusive’
  • Perform basic research on properties of interest, including inquiries regarding cooperative compensation
  • Create a shortlist prioritized by you
  • Set up a tour utilizing our shortlist
  • Tour properties in order of priority

WHAT ARE ‘MINISTERIAL ACTS’?

A ministerial act is an action that is performed in a specific way and according to legal authority, without using personal judgment or discretion. Ministerial acts are performed by government employees who follow explicit instructions from a statute or other legal authority.

In the District of Columbia, ministerial acts are routine tasks that a real estate licensee can perform for a person without using their own judgment or discretion. These tasks are administrative in nature and support the transaction without providing advice or representation.

According to NAR’s definition of ‘working with the buyer’, listing agents are permitted to:

  • Provide access and answer general questions

without any document being signed.

Beyond those two things, the listing agent would be considered ‘working with the buyer’ and a Buyer Agency Agreement must be signed.

“Ministerial Acts”, as defined by code:

In the District of Columbia:

The term “ministerial acts” means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee’s own judgment.

Code of the District of Columbia | Real Property
§42-1702
Para. 8A;  Subchapter I. General §§ 42-1701 – 42-1709
*We can not interpret this code relating to particular acts. Consult a legal expert.

DC code also includes the following:

(3) A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with this subsection (a) of this section shall not be construed to violate the licensee’s brokerage relationship with the seller unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer.

Code of the District of Columbia
Duties of real estate brokers, salespersons, and property managers
§ 42–1703

In Virginia:

The term “ministerial acts” means those routine acts which a licensee can perform for a person which do not involve discretion or the exercise of the licensee’s own judgment.

Code of the District of Columbia | Real Property
§42-1702″
Subchapter I. General §§ 42-1701 – 42-1709
*We can not interpret this code relating to particular acts. Consult a legal expert.

PROCURING CAUSE

What is ‘procuring cause’ and how does it affect buyers and sellers?

Procuring cause as it relates to real estate identifies the brokerage earning compensation as a result of an uninterrupted chain of actions that assisted the buyer in purchasing a property.

The agent who initiates a series of events or activities that leads to the sale is considered the procuring cause. This could include activities such as finding interested buyers, arranging showings, negotiating offers, and facilitating the transaction. This does not mean that showing the property defines procuring cause.

The agent who tours the property with the prospective buyer is not necessarily the procuring cause of the sale, and the fact that an agent was not the one to cross the threshold with the buyer for the first time does not prevent an agent from being the procuring cause. Instead, factors in procuring cause are timing, efforts and influence, and the entire course of events.

In a procuring cause dispute, an arbitration hearing panel  reviews these factors to determine which broker qualifies as the procuring cause of the sale. 

Buyers And Procuring Cause

  • If a buyer enters into multiple non-binding touring agreements, enters into non-exclusive buyer agency agreements with multiple brokers, or changes agents during an offer or sale transaction, a dispute regarding procuring cause may arise
  • Offers of seller cooperative compensation are no longer guaranteed by the MLS

    Disclaimer

    The content of this page is provided for informational purposes only and is subject to change without notice. It should not be construed as legal advice, nor applicable to all situations. We are not able to interpret law or DC codes as they relate to specific acts. Always consult a legal professional for advice on matters related to laws and the interpretation and application of legal statutes.