Do You Have to Use the Agent Who Showed You a House? A Minnesota Buyer’s Answer

It depends on what you signed. And switching agents after a showing is rarely as clean as buyers expect.

Since August 15, 2024, agents in the United States need a written agreement with you before they tour a home with you, in person or by live video. That agreement decides what you owe and to whom. An exclusive buyer contract can leave you owing compensation if you buy with someone else during its term. Even a short touring agreement can include fees or cover homes you were shown.

The better move is to choose your agent before you tour. Here’s what each agreement means and what to ask before you sign.

Touring agreement vs. buyer representation contract: what’s the difference?

A touring agreement covers showings. The term can be short, as short as one day or one house. The NorthstarMLS sample Buyer Touring Agreement is non-exclusive and states that the agent does not represent you as your buyer’s agent. On homes that agent has listed, you’re an unrepresented buyer. On other homes, the agent works as a facilitator, which means they represent neither you nor the seller.

Short doesn’t mean free of obligations. The NorthstarMLS form has boxes for no fee, a flat fee, a per-tour fee or an hourly fee. Brokerages can also modify the form, and a modified agreement can cover homes the agent showed you. Read every section before you sign.

A buyer representation contract makes the agent your representative. Minnesota law requires it to have a definite end date and to explain how it can be canceled. Many are exclusive. If you sign an exclusive contract and then buy with another agent during the term, the contract may say you owe compensation.

Some buyer contracts also include an override clause. That means if you buy a home the agent showed you within a set period after the contract ends, you may still owe them. In Minnesota, that period can’t be longer than six months, and it only applies if the agent gives you a written list of those properties within 72 hours after the contract expires.

Both agreements are legitimate. The problem is signing one when you thought it was the other.

What happens if you switch agents after a showing?

You may owe money. Depending on what you signed, that could be a touring fee, compensation under an exclusive contract, or compensation under an override clause after the contract ends.

The agents may end up in a dispute. You’ll hear agents call this procuring cause. It means the agent whose work led to the sale. When a buyer switches agents after a showing, the first agent can sometimes bring a claim against the second agent’s brokerage, usually through REALTOR arbitration. That dispute is between the agents, and what you personally owe still comes from what you signed. It’s also completely avoidable when you pick your agent first.

The seller may already know your position. If the agent who showed you the home was the listing agent, that agent represents the seller. What you said about your budget or how much you liked the house may already be with the seller.

The first agent did real work. Scheduling showings, preparing comps and walking homes with you takes time and expertise. That agent did it on the terms you agreed to.

If you decide to change agents, do it cleanly. Read your agreement. Talk to the first agent directly. Tell your new agent every home you’ve toured, and with whom, before they schedule anything.

Do you have to sign an agreement to go to an open house?

No. Open houses offered to the public are your best option if you are not ready to choose your agent yet. It's also a good way to meet active agents and see if there is one you would like to hire.

Keep in mind the agent hosting the open house usually represents the seller, and a seller’s agent has to share information relevant to the sale with their seller. Your budget, how high you’d go, and how much you love the kitchen can all travel.

Questions to ask before you sign

• Is this a touring agreement or a buyer representation contract? In plain terms: will you represent me?
• Is it exclusive? If yes, you’re committing to this agent for the whole term.
• When does it end? A specific date, not “until we find something.”
• What do I owe, and when? The amount has to be written in the agreement. Commissions are not set by law and are negotiable. Ask whether any fee is due even if you don’t buy.
• Does it cover homes you show me after it ends? Ask about override clauses and any language about specific properties.
• How do I cancel? Get the answer from the agreement, not from memory.
• What if I find a home on my own? The answer should be in writing.

If an agent can’t answer those in plain English, slow down.

How I handle agreements with my buyers

Before your first showing, I walk you through the agreement line by line, so you know exactly what you’re agreeing to and what you can expect from me.

If we haven’t met yet, I may offer a short touring agreement, limited to one house or one day. It doesn’t feel fair to ask you to hire me before we’ve had a chance to sit down and talk. That’s the purpose of it: a first look at a home, and a first look at whether we work well together. I don’t extend touring agreements beyond that.

Once you’ve decided you’d like to work with me, I’ll ask you to sign an exclusive buyer representation agreement. I know that can feel like a big step early on, so in most cases I write my agreements so you can cancel at any time. If I’m not the right fit, you’re free to go. Not every agent offers that.

Here’s why I ask. A home search takes real time before you ever write an offer: research, preparation, showings, and a lot of miles on my car. An exclusive agreement lets me commit fully to your search, and in return you get my full attention and my best work.

My approach isn’t unusual. Most agents work best with a clear agreement in place, and buyers tend to get better service when expectations are set up front.

If an exclusive agreement isn’t something you’re comfortable with, that’s okay. Another agent may be a better fit, and open houses are a good way to look at homes without signing anything. If you decide later that you want someone in your corner, my door is open.

Common questions

Can I tour a house with the listing agent and then buy it with my own agent?

Possibly, but read what you signed first. On that house, the listing agent represented the seller, and you were unrepresented. Your agreement may include fees or cover homes you toured, and the agents may dispute who earned the compensation.

If you already have an agent, or plan to use one, tell the listing agent up front. Do not be surprised; some listing agents will decline to show the home once they know you’re buying with someone else, and that’s fair. Asking them to do the showing so another agent can write the offer isn’t. The cleanest path is to have your own agent. If your preferred agent is not available, you still ask your agent to find you a substitute agent. Do not take it upon yourself to call the listing agent or find another one. Again, you might be complicating this for yourself or between 2 agents in the long run.

Does a touring agreement make that agent my agent?
No, It covers showings only. Brokerages can modify the form, so read the one you’re given.

What is procuring cause in real estate?
It’s the agent whose work led to the sale. When a buyer switches agents, the first agent can sometimes bring a claim against the second agent’s brokerage through REALTOR arbitration. What the buyer owes still comes from the agreements the buyer signed.

Can I cancel a buyer agreement in Minnesota?
Minnesota law requires buyer representation contracts to state how they can be canceled. Read those terms before you sign. If you’re already in a dispute, talk to a real estate attorney.

Do I need to sign an agreement for a virtual tour?
Yes, for a live video tour where an agent walks the home for you. No, for browsing listing photos or a pre-recorded video online.

Do I need an agreement to walk into an open house?
No. Public open houses are the exception.

The bottom line

Choose your agent first. Then tour. A single showing can come with a fee, a dispute between agents, or a seller who already knows your budget. Read what you sign before you tour, not after.

If you’re starting a home search west of Minneapolis and want to understand what you’re signing before you sign it, request my guide Where to Live West of Minneapolis Without Guessing. It walks through towns, commutes and each step of buying here. When you request it, I’ll walk you through how buyer agreements work on a 15-minute call, before you’ve signed anything.

 Book a 15-minute buyer call if you have more questions or want to get started.

This post explains common Minnesota forms and NorthstarMLS rules as of October 2026. Forms vary by brokerage. It is not legal advice.