Question 1

When do you have to tell an open house visitor who you represent?

Accepted Answer

Give an unrepresented visitor the Commission approved Brokerage Disclosure to Buyer in writing, at the earliest reasonable opportunity and before you elicit or discuss confidential information. The Division treats a visitor's motivation and financial qualifications as confidential, so questions about what they can pay, what they are approved for, or why they are moving come after the form, not before. Preliminary small talk about price range, location and property styles is not confidential information. If the visitor will not sign to acknowledge receipt, note that on a copy of the form with the date and keep it in your records.

Question 2

Does an open house visitor have to sign a buyer agreement?

Accepted Answer

Not to look around. Since August 12, 2026 a Colorado broker must have a signed written agreement in place before performing any licensed duty for someone, and a transaction broker relationship no longer forms without one. Holding the open house and showing a visitor through the house is not a licensed duty, so nobody signs anything just to walk in. The signature is needed before you start working for that visitor, and only a Listing Contract does it. The Buyer's Broker's Compensation Agreement at the end of the Brokerage Disclosure to Buyer does not establish the relationship.

Question 3

Can you call or text a visitor after the open house?

Accepted Answer

Colorado treats a marketing text the same as a cold call. The No-Call List Act defines a telephone solicitation to include text messaging sent to a wireless phone when the point is to encourage the purchase or rental of property, goods or services. It does not apply to someone who gave you prior express invitation or permission, which is the whole reason a sign-in that asks visitors to opt in to calls and texts is worth having. Get that permission at the door and keep the record of it.

Question 4

What do you owe a visitor whose details you collect?

Accepted Answer

The Colorado Privacy Act only reaches businesses above a size threshold: the personal data of 100,000 Colorado consumers in a year, or 25,000 if you make money from selling personal data. An individual agent taking names, emails and phone numbers at open houses is nowhere near either number, so the Act's notice, access and deletion duties do not land on you. One part of it carries no threshold at all: handling biometric data pulls a business in at any size, so a sign-in that scans a face or a fingerprint is a different question from one that takes a name.

Open house rules for Colorado agents

When do you have to tell an open house visitor who you represent?

Does an open house visitor have to sign a buyer agreement?

Can you call or text a visitor after the open house?

What do you owe a visitor whose details you collect?

How this page is put together

Open house rules where you also work

Your disclosure text, on the screen, at every open house