Do you have to sign an agreement to see a house with an agent?

There’s new guidance from Texas Realtors regarding real estate agency changes that take effect Jan. 1, 2026.

These changes stem from the NAR settlement, which starting Aug. 2024, required agents to enter into written agreements with buyers BEFORE touring a home.

The reason for that requirement is really consumer protection. It’s so that buyers know exactly who is representing them, how much that person is getting paid, and who is paying them.

Buyer representation agreements were common before the settlement, but it was also common to show a house to a prospective buyer before talking about representation or having a formalized agreement.

The NAR settlement caused some confusion for buyers and agents who wanted to show homes but who weren’t ready to sign a full agreement. This is common if, for example, a prospective buyer clicks on a “showing request” button online, an agent contacts them to show them the house, but the agent and the buyer have never met in person. They aren’t ready to formalize their agreement. They don’t know each other yet.

So that’s why these Texas law changes are so important: One big change to the Texas Law is that now an agent can show a house to a prospective buyer without representation. HOWEVER, that still needs to be in writing. I’ve seen a lot of confusion among agents and buyers who point to this law and think they don’t need paperwork. The new changes to Texas law make it very clear that a signed non-exclusive, short-term, “showing only” agreement is required.

The long and the short of it is: Every agent runs their business differently and will have different requirements. Some agents will want an actual representation agreement before showing buyers any homes. But it is legal for an agent to show a home with a “showing only” agreement. What is no longer allowed is showing a home to a buyer without any signed agreement.

What about open houses? If the open house is being held by an agent within the listing brokerage, an agreement is not necessary. It is common, however, for agents to hold houses open for agents outside their own brokerage, in this case, they must have attendees sign a non-representation sheet as they enter the property.

I hope this is helpful to other agents and to buyers! Reach out if you have any questions!!