Question 1

Do you have to hand every Mississippi open house visitor an agency disclosure form?

Accepted Answer

Not for a plain walk-through. Mississippi times the seller agent's written disclosure to the "first substantive meeting", and MREC Rule 4.2(H)(2)(a) says a bona fide open house is not one, so long as showing the property is all that happens. The carve-out disappears the moment you elicit confidential information about a visitor's real estate needs, motivation or financial qualifications, or you put an agreement governed by Section 73-35-3 in front of them, and at that point disclosure must be made. Rule 4.3(B) says it goes in writing to the party you do not represent, on an MREC Agency Disclosure Form, so keep printed copies on the sign-in table rather than hunting for one after the conversation has already turned. The same rule protects ordinary door chat: preliminary small talk about price range, location and property styles does not trigger it, and neither does answering general factual questions about a property you have advertised.

Question 2

Can you call an open house visitor in Mississippi afterwards?

Accepted Answer

Mississippi carved real estate licensees out of its own telemarketing statute. Section 77-3-711 lists who the Mississippi Telephone Solicitation Act does not apply to at all, and paragraph (b) names a licensee under Chapter 35, Title 73. The exemption is narrower than it first reads: it covers a licensee who is a Mississippi resident, calling for the sole purpose of real estate business done under that license, and not in conjunction with any other offer, so a follow-up that also pitches a lender, an insurance product or a home warranty referral falls outside it. That only lifts the state article, and the same 2023 act pointed Mississippi's no call list at the federal registry and moved enforcement to the Attorney General, so the federal Do Not Call and TCPA rules still govern the call and any text you send. Put a plain consent line next to the phone field on your sign-in form and keep the timestamped record of it with the lead, because that is what you fall back on.

Question 3

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

Accepted Answer

No, and since July 1, 2026 Mississippi says so in a statute rather than leaving it to association policy. Senate Bill 2713, signed on March 13, 2026 and codified into Chapter 35, Title 73, provides that a licensee is not required to enter a brokerage agreement with a prospective buyer just to give that buyer a tour, and it names the open house case directly: a buyer brokerage agreement is not required of a seller's agent conducting an open house as to the prospective buyers who come through. So nobody signs anything to walk in, and turning a visitor away for refusing is your brokerage's own policy rather than Mississippi law. What the same section does require is a written brokerage agreement before you list a property for sale or submit an offer on a client's or customer's behalf for compensation, so the signature belongs at the offer, not at the door. The section covers one to four unit residential property and excludes a list of transfers such as foreclosure, probate and court-ordered sales, so read it before relying on it for anything unusual.

Question 4

Who keeps the paperwork from the sign-in table, and for how long?

Accepted Answer

MREC Rule 3.2 is written about transaction records rather than about a lead list, so do not assume an open house sign-in list is automatically covered by it. What the rule does settle is the paperwork from the door that ends up in a transaction file. Those records are the broker's responsibility rather than the individual agent's, they must be kept on file for three years following consummation of the transaction, and the rule names agency agreements in its list of what counts. Rule 4.3(H) separately requires completed Agency Disclosure Forms to be maintained, so file the form a visitor signed at the door instead of relying on your memory that you handed it over. For the rest of the list, the promise printed on your own sign-in screen is what your visitors will hold you to, so keep it short, keep it accurate, and do not sell or trade the list.

Open house rules for Mississippi agents

Do you have to hand every Mississippi open house visitor an agency disclosure form?

Can you call an open house visitor in Mississippi afterwards?

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

Who keeps the paperwork from the sign-in table, and for how long?

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Open house rules where you also work

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