Question 1

Whose agent are you, and when must you say so?

Accepted Answer

At your own open house you are the seller's agent, and most people who walk in have no agent of their own. Nevada requires you to disclose your relationship in writing not only to your client but to any party who is not represented by a licensee, so an unrepresented visitor is squarely covered once a real estate transaction is involved. Timing is the part agents get wrong: the disclosure has to be made as soon as practicable and no later than the date and time any written document is signed, so a visitor who decides to write an offer gets it before signing, not at the closing table. The disclosure rides on a form the Division writes. NRS 645.252(3) requires you to provide the appropriate Division form to each party you represent and to each unrepresented party to the transaction, and NRS 645.193 describes those as forms setting forth the duties owed by the licensee. Because it states duties rather than creating a brokerage agreement, handing it over does not make the visitor your client.

Question 2

Can you cold-call a visitor who signed in?

Accepted Answer

When you pick up the phone to pitch your services to someone who signed in, Nevada treats you as a telephone solicitor. A telephone solicitor is anyone who makes an unsolicited call for the sale of goods or services, and "good or service" is defined to include any service, so there is no real estate carve out. State law bars you from intentionally making an unsolicited sales call to a number on the do-not-call registry, so a phone number written on a sign-in sheet has to be scrubbed against the registry before you dial it. The exception written into that ban is a preexisting business relationship, and NRS 228.600 then makes you establish and maintain your own internal do-not-call list and send that person a written notice once a year telling them how to get on it. A violation is treated as a deceptive trade practice under NRS 228.620, so honor a request to stop immediately and log it. The cleaner path is consent at the door, because NRS 228.530(3)(a) deems a call solicited when the person expressly requested it or expressly gave permission. Ask whether the visitor wants to hear from you, record the answer next to their number, and treat a blank as a no.

Question 3

Does an open house visitor need a written buyer agreement?

Accepted Answer

Nevada answered this in statute rather than leaving it to settlement practice. Assembly Bill 258 struck the words "oral or" from the definition of a brokerage agreement, so for agreements entered into on or after October 1, 2025 a brokerage agreement in Nevada has to be a written contract, and NRS 645.009 defines a client as someone who has entered into one. That means walking an unrepresented visitor through your seller's open house does not make them your buyer client and does not create representation on its own, so you do not need a signed buyer agreement just to let someone tour the house you are hosting. The moment that visitor wants you to act for them on the purchase, the representation has to be reduced to writing before you start working as their agent, and under NRS 645.320 an exclusive agency representation must be signed by both the client and the broker, or their authorized representatives, to be enforceable. Until that happens you are still working for the seller, and the Division's duties form is what tells the visitor so.

Question 4

Who owns the paperwork, and how long must it be kept?

Accepted Answer

Once an open house visitor actually transacts, the paperwork stops being your lead file and becomes a brokerage record with a fixed shelf life. A broker has to keep complete real estate transaction records for at least 5 years after closing or the last activity involving the property, and that expressly includes offers that were not accepted and transactions that never completed, so an offer or a signed disclosure from a visitor cannot just be deleted when they go quiet. NAC 645.650 also gives you 5 calendar days to get executed paperwork to the broker you are associated with, and NAC 645.655 requires a complete record of each real estate transaction to be kept in this State and open to inspection and audit by the Division, including access to the computer if you store it electronically. So anything a visitor signs needs to live somewhere your broker can actually produce on request, not only on your own phone. Note the 5 year rule is written around transaction records, so it does not by itself settle how long you may keep the names of visitors who only ever toured the house.

Open house rules for Nevada agents

Whose agent are you, and when must you say so?

Can you cold-call a visitor who signed in?

Does an open house visitor need a written buyer agreement?

Who owns the paperwork, and how long must it be kept?

How this page is put together

Open house rules where you also work

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