Open House Disclosures and Forms

While required Open House disclosures have been commonplace for agents in some states, the National Association of Realtors (NAR) commission settlement is starting conversations around additional Open House disclosures being implemented.

This shift underscores the need for all real estate agents across the country, to be knowledgeable and proactive about modifications in their business especially when doing Open Houses and engaging with prospects that visited Open Houses. We’ll be covering this below and will regularly update this page as guidance evolves.

Here are the key areas we’ll cover related to Open House Disclosures:

• The NAR commission settlement related to Open Houses
• California Association of REALTORS guidelines
• New York’s Open House Disclosures
• Maryland Open House Disclosure
• Massachusetts Open House Disclosure Process

The NAR commission settlement related to Open Houses

The settlement largely focuses on buyer agent commissions, a facet that greatly impacts the real estate industry. While there are a number of changes agents need to follow coming out of the commission settlement, this ruling doesn’t enforce new requirements specific to Open House disclosures…and as of now, NAR hasn’t added specific guidance for members’ Open Houses activities.

This lack of guidance, has been interpreted as follows: agents hosting an Open House on behalf of the seller, can provide an unrepresented buyer access to a property and won’t be required to obtain a Buyer’s Broker Agreement. (Note: if the conversation between the agent and Open House visitor shifts from the agent representing the seller towards the agent providing buyer representation, then the new requirements regarding a buyer broker agreement need to be observed)

State Specific Open House Disclosures

While NAR hasn’t issued Open House specific guidance related to the commissions settlement, REALTOR associations in specific states are planning/making changes specific to Open Houses, which will be covered below. We’ll also get into the Open House Disclosures that pre-date the NAR settlement in different states.

California Association of REALTORS Open House Disclosures

The California Association of REALTORS® (CAR) have been the first association to incorporate additional disclosures coming out of the commissions settlement. The Open House disclosures introduced are the OHNA-SI and LPRBC. The OHNA-SI (or OHNA) form will go into effect for all Open House visitors on August 17, 2024 and serves as a lightweight disclosure for visitors to fill out (much like an Open House registry). The LPRBC covers the case where agents hosting an Open House may provide buyers agent services to visitors and serves as a formal agreement which even includes buyers agent compensation.

NOTE: For our partner teams and brokerages, Curb Hero will be supporting disclosures like these…providing a streamlined process to get visitor’s info both adhering to these new requirements and optimizing Open House prospecting.

IF you’re not sure if your broker will be supported you can submit a request here and if you’re not yet a Curb Hero user, check it out (it’s free for individual agents).

New York’s Open House Disclosures

New York (NYS) has had a fairly comprehensive set of disclosures designed to protect and inform, sellers, buyers, tenants and landlords. All of which predate the NAR settlement. For the most part, these disclosures must be provided at the “first substantive contact,”—a standard that includes merely entering an Open House. Here’s a list of the disclosures (note that not all must be presented at every property):

1. NYS Agency Disclosure form (aka Buyer & Seller Disclosure)
2. Fair Housing Disclosure
3. Housing Discrimination Disclosure
4. Landlord & Tenant Disclosure

Believe it or not, there are more documents that may be required depending on the specific circumstances.

Maryland Open House Disclosure

Maryland is another state that’s had a Open House disclosure that predates the commissions settlement but it’s simply a sign that needs to be posted at an Open House. Here’s a printable version of the disclosure which can be downloaded OR included in the Curb Hero digital sign-in.

Massachusetts Open House Disclosure Process

Likewise, Massachusetts has required agents to explicitly disclose their relationship with the seller in print but a specific form isn’t needed just to enter the Open House. However if a buyer chooses to make an offer on the property, the licensee is required to present the disclosure form prior to writing up the offer.

In summation, Open House disclosures are nothing new for agents in some states, but NAR settlement is already starting to evolve disclosure requirements at Open Houses in some states.

The good news is that adhering to these requirements is incorporated in Curb Hero’s platform.