Big Confusion, Clear Rules: Open House Agreements in Utah
There’s been growing confusion about whether Utah real estate agents must get written agreements signed during open houses. In its Q1 2025 newsletter, the Utah Division of Real Estate addressed the issue head-on.
Here’s the bottom line: no, you do not need a written agreement just because a buyer walks through an open house. But there are still disclosure requirements you can’t ignore.
Do You Need a Signed Agreement at the Open House?
No, a written agreement is not required merely because you’re hosting an open house.
Utah Code § 61-2f-308 and R162-2f-401a regulate written agreements, and they require agents to enter into a written agency agreement before performing acts on behalf of a buyer. Merely opening the door and answering general questions doesn’t trigger that requirement.
However, if you start doing any of the following, the line gets blurry:
- Sending listings to a potential buyer after the open house
- Scheduling showings for that buyer
- Discussing pricing strategy or offering negotiations
At that point, you’re doing more than just “talking real estate”—you’re representing someone. That’s when the law expects a written agreement.
What About Agency Disclosure?
Even if you don’t need a full written agreement yet, you still need to disclose your role as an agent. Utah law requires real estate professionals to explain who they represent in a transaction—especially when there’s potential for confusion.
If you’re representing the seller and someone walks in thinking you’re there to help them buy the house, you must clarify your role.
What Landlords and Owners Should Know
If you’re a landlord or owner holding open houses yourself—or through an agent—it’s your job to make sure your representative is complying with disclosure rules.
That includes:
- Making sure agency relationships are clear
- Avoiding dual representation confusion
- Preventing anyone from being misled about who represents whom
Confusion about agency can lead to lawsuits, especially when a buyer claims they thought the agent was working in their best interest.
For more on how small missteps can escalate into legal trouble, review Avoiding Common Legal Mistakes: A Guide for Utah Landlords
Stay Safe, Stay Clear
Here’s how to stay compliant at open houses in Utah:
- Clarify your role. Don’t let buyers assume you’re their agent unless you are—and have a written agreement.
- Use agency disclosure forms. These are not optional when a conversation goes beyond surface-level interest.
- Know the threshold. If you’re acting on a buyer’s behalf, get it in writing—period.
Final Thoughts
Open houses are great tools for marketing property—but they’re also legal minefields when handled sloppily. Make sure your disclosures are clear, your agreements are in place when required, and you’re not unintentionally crossing the line into representation without a contract.
If you’re an owner, broker, or agent who wants clarity on these rules—or you’ve been accused of violating them—Duckworth Legal Group can help.
Call (801) 882-7444 or email info@duckworthlegalgroup.com to protect yourself from agency confusion and compliance issues.