Florida (FL) · Open house rules

Open house rules for Florida agents

What Florida asks of an agent hosting an open house: the transaction broker presumption and when a written brokerage relationship disclosure has to reach a visitor, whether anyone signs a buyer agreement to walk through, and what has to be true before you text a lead.

Last reviewed August 29, 2026Every claim links to a primary source

This is not legal advice

We are software people, not lawyers. This page is a plain reading of public Florida sources, gathered so you can go read them yourself. Rules change, and how any rule applies to your situation is a question for your broker, your association, or an attorney licensed in Florida.

Do you have to tell a Florida open house visitor who you represent?

At a Florida open house you are presumed to be a transaction broker, and section 475.278 puts no written disclosure duty on a transaction broker, so there is no form that section requires you to hand a visitor at the door. That presumption holds only until a single agent or no brokerage relationship is established in writing. Those two relationships do carry a written disclosure, and the timing is what matters at an open house: for no brokerage relationship it has to be made before the showing of property, and for a single agent before that or before a listing or representation agreement, whichever comes first. At an open house that means it reaches the visitor before they walk through, not after.

It shall be presumed that all licensees are operating as transaction brokers unless a single agent or no brokerage relationship is established, in writing, with a customer.
Florida Statutes 475.278 (opens the source in a new tab)

Checked at the source on August 29, 2026

Can you text a Florida open house visitor after they leave?

Get written permission at the door before you text. Florida's telephone solicitation law counts a text message as a telephonic sales call, and it bars an unsolicited one that involves an automated system for the selection and dialing of telephone numbers unless you already hold the called party's prior express written consent. A clearly worded consent checkbox on the sign-in form is how you capture that, and the saved record of it is what you would have to produce later. Florida also runs its own do not call list, and a telephone solicitor has to screen against the current published listing.

A person may not make or knowingly allow to be made an unsolicited telephonic sales call if such call involves an automated system for the selection and dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called without the prior express written consent of the called party.
Florida Statutes 501.059 (opens the source in a new tab)

Checked at the source on August 29, 2026

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

Not to walk in. Under the NAR settlement practice changes, as Florida Realtors explains them, a listing agent hosting an open house does not immediately need a buyer agreement with the people who come through, because that agent is working for the seller and not for the buyer. A visitor can tour and sign in with nothing signed. What triggers the requirement is working with that visitor as a buyer, and then the written buyer agreement has to be in place no later than before that buyer tours a home. This one is association guidance about a private settlement rather than Florida law.

If you are a listing agent hosting an open house a buyer agreement is not immediately required.
Florida Realtors, NAR Settlement buyer broker agreement FAQs (opens the source in a new tab)

Checked at the source on August 29, 2026

How this page is put together

  • Every claim above carries a link to a primary source, plus the exact words from that source that support it. If a claim cannot be quoted, it is not on this page.
  • Each claim shows the date a human last opened that link and confirmed the quote still says what it says.
  • We only cover what we could source. A topic you were hoping to find may be one we have not confirmed yet, so treat this as a starting point rather than a complete list of everything Florida expects of you.

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