Home tours can be 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 physically, or via virtual tours and videos utilizing drone technology, anv during open houses.

Tours of properties listed by brokerages must be with the permission of the listing agent. Typically the buyer’s agent makes the arrangements, but if a buyer is unrepresented, they may arrange private tours through the listing agent, keeping in mind that the listing agent or other representive from that brokerage represents the seller. Buyers may also attend open houses when advertised.

That depends on which agent is doing the showing.

As noted above, unrepresented buyers may request showings from the listing agent, who represents the seller. If the agent has no obligation or intent to represent that potential buyer, and is acting on behalf of the seller, then no, the buyer does not need an agency agreement to view the home.  The agent facilitating the showing will, however, need a signed disclosure stating that the unrepresented buyer understands that the representative works for the seller, not them. Virginia law says this document is needed if you contract on the property in question, prior to settlement.

See § 54.1-2138. Disclosure of brokerage relationship in residential real estate transactions

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, they will not be able to obtain advice, insights, or comparisons; in short, little more than rudimentary information. This is because the hosting agent is acting on behalf of the seller.

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 necessarily 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.

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.