CVR MLS does not provide a Touring Agreement form in our forms library. 

Recently, a large property portal published a final Touring Agreement (TA) as a tool for agents to use as an alternative to a standard agency buyer representation agreement when showing a home. This TA creates an independent contractor relationship with the potential buyer solely for the purpose of showing property.

The TA appears to meet the legal requirements of both the NAR Settlement and Virginia law, but agents should consider the following when deciding whether to use the TA or not:

• Independent contractor agreements are not standard agency agreements. Therefore, the buyer is not bound to the agent, nor is the buyer required to continue to use the agent if they decide to write an offer. 
• A TA may offer zero compensation to the agent. In that case, the agent is not compensated for their time, and there is no guarantee that the agent will be used to write the offer. 
• A TA does not address services outside of home tours. If the buyer wants to make an offer, a different agreement must be signed with the buyer, such as a buyer brokerage agreement. The TA is not legal for the purpose of making an offer.
• The buyer does not have to sign a BBA with the agent who gave the tour. The buyer is free to use any agent to make the offer.

If you wish to establish an exclusive buyer agency relationship and confirm your compensation, the recommended best practice is to use the CVR MLS buyer brokerage agreement (CVR 310).

You should always consult with your broker if you have questions regarding the use of forms.

Submit a ticket to CVR MLS at [email protected].