Before the Showing
Who is legally working in your interest — and who isn't. What the contracts say, what you sign before a showing, and what every buyer in Utah should understand before walking through a door.
What to Know Before Your First Showing
Most buyers walk into a showing without understanding who is — and isn't — working in their interest. This guide explains how representation actually works in Utah, what the contracts say, and what every buyer should know before scheduling a showing or signing anything.
The Commission Is Already Decided — Before You Walk In the Door
One of the most common beliefs among buyers is that using the listing agent saves money. The documents tell a different story.
When a seller signs a listing agreement, they authorize — at that moment — what they are willing to pay both their own agent and a buyer's agent. That number is written into the contract before any buyer exists. It does not change when a buyer shows up without representation.
Section 2.3 of the Utah Exclusive Right to Sell Listing Agreement authorizes the seller's brokerage to communicate what it will pay a buyer's brokerage — and that amount is filled in at signing. Before your name is anywhere near the picture.
Utah Exclusive Right to Sell Listing Agreement, §2.3 — authorization to pay buyer's brokerage filled in at listing, not at closing.
If a buyer comes to the table without a buyer's agent, the listing agreement has a specific provision: the listing agent may charge an additional fee — which gets added to the brokerage fee. The agent who already represented the seller can collect more, not less, when there is no buyer's agent involved.
Going unrepresented does not save the buyer money. In most cases, it saves the buyer nothing and benefits the listing agent.
Utah ERS, §2.2 — "shall be added to the Brokerage Fee" when a buyer is unrepresented.
Their Fiduciary Duty Belongs to the Seller. Not to You.
This is not a matter of opinion or ethics. It is a contractual obligation, defined in the listing agreement the seller signed before the home ever hit the market.
Utah ERS, §5.1 — the listing agent's fiduciary duties: loyalty, obedience, full disclosure, confidentiality — all owed to the Seller.
Loyalty. Obedience. Full disclosure. Confidentiality. Every one of those duties runs to the seller. A buyer dealing directly with the listing agent is dealing with someone whose primary legal obligation is to someone else — before the first handshake.
This does not mean listing agents are dishonest. It means the structure of the agreement does not allow them to be fully honest with a buyer, even if they wanted to be. The document defines the limits of what they can do.
A Limited Agent Cannot Negotiate for You. The Law Prohibits It.
When a buyer works directly with the listing agent — or with another agent from the same brokerage — that agent becomes a Limited Agent. Utah law requires them to be neutral. And that neutrality has specific, documented consequences for the buyer.
Utah ERS, §5.2 — a Limited Agent "may not disclose to either party information likely to weaken the bargaining position of the other."
That sentence covers everything a buyer needs in a negotiation. The listing agent cannot tell you what price the seller will actually accept. They cannot advise you to offer less. They cannot tell you what other offers look like, or what the seller's timeline pressure is, or what they've observed about the seller's motivation. Neutrality is the legal requirement — advocacy for the buyer is legally off the table.
Utah Limited Agency Consent Agreement, §5 — the same prohibition appears here, in the document both buyer and seller must sign to proceed.
The form both buyer and seller must sign — the Limited Agency Consent Agreement — explicitly acknowledges that "there are conflicts associated with an In-House Sale." The document uses that language. Not an outside critic.
What a Limited Agent Can — and Cannot — Do for You
When a buyer works directly with the listing agent — or any agent from the same brokerage — that agent becomes a Limited Agent. Utah law requires them to remain neutral. That neutrality is not a formality. It is a legal prohibition on the actions that matter most to a buyer.
- Write and facilitate the purchase contract
- Communicate between buyer and seller
- Disclose known material defects about the property
- Help both parties reach a signed agreement
- Provide factual information about the transaction process
- Advise you on offer price or negotiation strategy
- Tell you what price the seller will actually accept
- Share information about the seller's motivation or timeline pressure
- Disclose what other offers look like or what terms were rejected
- Advocate for your interests or negotiate aggressively on your behalf
What You Are Signing When You Go Exclusive With an Agent
Following the 2024 NAR settlement, buyers are required to sign a written agreement with an agent before most showings. There are two types: a showing agreement and an exclusive buyer-broker agreement. They are not the same thing, and understanding the difference matters.
The Exclusive Buyer-Broker Agreement is a binding contract. Before signing one, every buyer should understand what it commits them to.
1. You Are Locked In
The agreement covers a specific geographic area for a specific period of time. During that term, you agree not to work with any other agent or brokerage for properties that fall within scope.
EBB, §1.2 — "the Buyer agrees not to enter into another buyer-broker agreement with another real estate agent or brokerage."
2. You — Not the Seller — Owe the Fee
The buyer-broker agreement establishes that the buyer is responsible for the brokerage fee. In most transactions, the seller's side covers it and the buyer pays nothing out of pocket. But the agreement is structured as a buyer obligation — with the seller's payment satisfying that obligation when it meets the agreed amount.
3. The Commitment Outlives the Agreement
If a buyer's agreement expires and the buyer subsequently purchases a property that the agent showed them or negotiated on their behalf during the term, the fee is still owed. The protection period extends the commitment beyond the agreement end date.
4. You Must Disclose It to Every Other Agent
Once signed, the buyer is required to tell every other real estate agent they speak with that they already have an exclusive agreement in place.
Do you get married before the first date? An exclusive buyer-broker agreement is a significant commitment. Know the agent. Know how they work and who will actually handle the transaction — the person signing the agreement, or someone else in their office. Know that it is a fit before signing.
A Showing Agreement Is Enough to See a Home. A Buyer Broker Agreement Is Not Required.
Following the August 2024 NAR settlement, agents working with MLS-listed properties are required to have a written agreement with buyers before showing homes. This requirement is real. But the type of agreement required is often misrepresented.
A Showing Agreement satisfies the written requirement. It covers a specific property or specific showing. It does not lock the buyer into an agent for a geographic area. It does not create the ongoing financial obligation of an exclusive agreement. It does not require the buyer to notify other agents they have a prior commitment.
If an agent requires a full Exclusive Buyer-Broker Agreement before showing a home, that is a business practice choice — not a legal requirement. It may be appropriate if both parties are confident in the relationship. But a buyer is not required to sign an exclusive agreement simply to tour a property.
A buyer who is asked to sign a full buyer-broker agreement before a first showing should feel comfortable asking: "Can we start with a showing agreement instead?"
Utah Code § 61-2f governs real estate licensing and practice in Utah. Buyers with questions about their rights in a specific situation are always encouraged to consult with a real estate attorney.
Showing Agreement vs. Buyer-Broker Agreement
Following the 2024 NAR settlement, agents are required to have a written agreement with buyers before most showings. That requirement is real — but the type of agreement required is frequently misrepresented. These are not the same document, and they do not carry the same obligations.
- ScopeCovers a specific property or single showing — not a geographic area or time period
- ExclusivityNone. You can work with other agents and tour other properties without restriction
- Financial ObligationNone ongoing. No fee structure, no brokerage compensation agreement
- Disclosure RequiredNo requirement to notify other agents
- NAR RequirementSatisfies the written agreement requirement to tour an MLS-listed property
- Protection PeriodNone — obligation ends with the showing
- ScopeCovers a defined geographic area for a set time period — typically weeks or months
- ExclusivityBinding. You agree not to work with any other agent or brokerage for properties within scope (EBB §1.2)
- Financial ObligationBuyer owes the brokerage fee — in most transactions, the seller's side satisfies it, but the obligation is the buyer's
- Disclosure RequiredYou must tell every other agent you speak with that you have an existing exclusive agreement
- NAR RequirementAlso satisfies the requirement — but goes significantly further than what is legally required to tour a home
- Protection PeriodFee is still owed if you purchase a home the agent showed or negotiated on your behalf — even after the agreement expires
What Every Buyer Should Know Before Scheduling a Showing
Normal Showing Hours
Showings are typically scheduled between 8:00 a.m. and 8:00 p.m. Occupied homes require the seller — and their pets and children — to vacate the property. Requests outside normal hours should be expected to receive limited availability.
Animals Must Be Removed
Sellers are expected to remove animals from the premises during showings. Buyers encountering animals during a showing should contact their agent — it is the seller's responsibility, not an acceptable condition for a showing.
Notice Requirements
Owner-occupied homes typically require 24 to 48 hours of advance notice. Tenant-occupied properties are protected under Utah Code § 57-22-4, which requires reasonable notice before entry. Short-term rental properties and homes with special circumstances may require longer lead time. A listing that requires extended notice often signals an occupied property with a specific tenant situation.
What It Costs a Seller When You Cancel
A showing cancellation may seem minor from the buyer's perspective. From the seller's side, it means preparing the home, vacating with family members and pets, and rearranging schedules. Repeated cancellations or late cancellations affect the seller's disposition — and sellers who feel their time is not being respected tend to be less flexible when it comes time to negotiate. Canceling is sometimes unavoidable. Same-day cancellations, when preventable, are worth avoiding.
Zillow Estimates and What They Miss
Zillow's Zestimate is a useful starting point and a poor substitute for a real comp analysis. Automated valuations cannot account for interior condition, finish quality, lot position, view value, neighborhood nuance, seller motivation, or what similar homes actually closed at after negotiation. Buyers using a Zestimate as a price anchor going into an offer are working with incomplete information — and in a competitive market, that gap matters.
Lockbox vs. Agent-Accompanied Showings
A lockbox showing means the listing agent will not be present. An agent-accompanied showing means the listing agent — whose fiduciary duty runs to the seller — will be in the room. Neither format changes the representation structure, but buyers should understand that the person welcoming them at the door is working for the other side of the transaction.
Realtor Jay · Red Rock Real Estate
Start With a Conversation
Jay works with a limited number of buyers and sellers at any given time. A short consultation is how we find out if we're the right fit — your goals, your timeline, what you're actually looking for. Straightforward follow-up, no spam. If it's a match, we get to work.
(435) 466-3784 jay@yourstgeorgelife.com