As of August 17, 2024, many real estate professionals nationwide — including here in Northeast Florida — must have buyers enter into a written agreement before touring a home together. But what if you’re just dropping by an open house in Jacksonville, Orange Park, St. Augustine, or Fernandina Beach? Here’s what you need to know:
Do I need a written buyer agreement to attend an open house on my own?
No. If you’re simply visiting an open house by yourself or asking the agent basic questions about the property or their services, you do not need to sign a written buyer agreement. For example, if you’re walking into a Riverside bungalow’s open house or a new-build in Nocatee, you’re free to look without any paperwork.
Does the agent hosting the open house need an agreement with me?
No. The hosting agent is there representing the seller and working under the listing broker’s direction. They don’t need a written agreement with buyers who walk through.
When will I be asked to sign a buyer agreement in Florida?
You’ll need to sign an agreement once you begin “working with” a REALTOR®—that means anytime before you tour your first home together. For example, if you want your agent to take you to view homes in Mandarin, Middleburg, or Amelia Island, you’ll enter into a written agreement first.
What does “working with” an agent mean?
You’re considered to be “working with” an agent once they start providing services beyond general marketing—like setting up showings in St. Johns County, sending you a list of available properties in Duval, or negotiating on your behalf. Simply chatting with an agent at an open house or asking them about a house they’ve listed does not count as “working with.”
What counts as a “tour” of a home?
A tour happens when a buyer working with an agent enters a home that’s for sale—or when the agent enters the home on the buyer’s behalf. This also applies to virtual showings, such as when an agent FaceTimes you through a property in Clay County while you’re out of town.
Why are written buyer agreements important?
Transparency. These agreements outline exactly what services your REALTOR® will provide and how they’ll be compensated. In Northeast Florida, agreements are fully negotiable—so don’t sign anything you don’t understand or that doesn’t reflect your needs. You’re in the driver’s seat.
Reminder: Florida practices and requirements may differ from other states. Always consult your REALTOR® and, when needed, a Florida real estate attorney before signing any agreements.
