1.1 The Pre-Touring Written Agreement Mandate & Virtual Walkthroughs

🎯 Key 2026 Real Estate Exam Takeaways

• A signed written buyer representation agreement is strictly required BEFORE touring any residential 1-4 unit home.
• Live interactive virtual walkthroughs (e.g. FaceTime, Zoom) trigger the exact same pre-touring agreement requirement as physical showings.
• Oral agreements or post-tour contract signings are non-compliant and violate licensing regulations.

Following the landmark 2024 National Association of Realtors (NAR) antitrust settlement and subsequent statutory implementations (such as California Civil Code § 1670.5 via AB 2992 and Texas Real Estate Commission Rule § 535.148), the procedural sequence of representing buyers was fundamentally overhauled. Licensees working with a prospective buyer must now execute a binding written agreement specifying broker compensation before touring any residential real property.

The legal definition of 'touring' encompasses any customized viewing of a residential property (1 to 4 dwelling units) conducted by a licensee on behalf of a prospective buyer. This includes physical, in-person walkthroughs as well as live, interactive virtual tours using streaming platforms like FaceTime, Zoom, or video conferencing. Merely emailing listings, discussing market trends, or directing a consumer to an open house does not trigger the requirement, but the moment a customized showing commences, a signed agreement must be in place.

Regulatory authorities have repeatedly clarified that there is no grace period or oral exception to this mandate. Post-tour signings or informal understandings do not satisfy license law requirements, and failure to execute an agreement prior to entry subjects the licensee to administrative fines, disciplinary proceedings, and civil liability.

⚠️ Common Licensing Exam Traps

• Do not assume that casual or informal showings are exempt; unlocking a door or starting a live video tour without a signed agreement is a direct violation.
• Do not confuse pre-recorded marketing videos on public websites (which do not require an agreement) with live interactive virtual tours (which do require an agreement).