Hosting an Open House? Here’s What You Should Know

The written agreement changes that took effect January 1, 2026 also affect certain open house situations. If you’re hosting an open house, it’s important to understand when a written agreement is required and when it is not.

The key difference depends on who is hosting the open house and whether that agent is part of the listing brokerage.

If the Agent Is with the Listing Brokerage

When an agent from the listing broker’s office hosts the open house, the process is simpler.

In that situation, the agent does not need to provide the Information About Brokerage Services (IABS) form or enter into a written agreement with prospective buyers attending the open house. The agent must still disclose that they represent the seller, either orally or in writing.

If the Agent Is Outside the Listing Brokerage

Different rules apply when the agent hosting the open house is not part of the listing broker’s office and does not represent the seller.

In this situation, the agent must provide the IABS form and enter into a written agreement with the prospective buyer before showing the property. This requirement applies even if the buyer already has a written representation agreement with another broker.

Because the law requires the agreement before the showing, the agent should ideally handle the paperwork before the buyer enters the home. At minimum, the agreement must be completed before the buyer begins touring the property.

If a Buyer Refuses to Sign

If a prospective buyer declines to sign the required agreement, the agent cannot show the property.

In an open house setting, that means the buyer cannot tour the home with that agent. Because state law requires the written agreement, skipping this step could create compliance issues for the license holder.

Bottom Line

Open house requirements vary depending on who is hosting the event. If you’re with the listing brokerage, the process is straightforward. If you’re outside the listing brokerage, additional steps may apply before a buyer can tour the property.

Understanding that distinction can help you stay compliant and avoid surprises at your next open house.

For more information and guidance on these requirements, visit trec.texas.gov.