Open House

Yes. Under the Real Estate Services Act (RESA) and BCFSA rules, a licensee must provide the Disclosure of Representation in Trading Services (DORTS) form to an unrepresented attendee before discussing the property in any detail. This disclosure explains that the licensee represents the seller, not the visitor, so there is no confusion about whose interests are being served. Failing to provide the DORTS in a timely manner is a breach of the licensee's professional obligations regulated by BCFSA.

You may attend an open house without a buyer's agent, and doing so does not legally obligate you to retain the listing licensee as your representative. The DORTS form you receive at the door makes clear that the listing licensee acts for the seller. You remain free to engage your own buyer's agent for any subsequent offer or private showing, and the listing licensee cannot pressure you to waive independent representation.

A seller who lists through a licensed brokerage typically has a licensed REALTOR® host the open house on their behalf, as the activity of trading in real estate is governed by RESA and requires a licence. An owner selling their own property without a licensee (a private sale) may hold their own open house, but once a licensed brokerage is involved, the licensee hosting must comply with all BCFSA conduct standards, including agency disclosure obligations.

When a licensee collects names, contact details, or other personal information from open house visitors, that collection is governed by BC's Personal Information Protection Act (PIPA). PIPA requires that personal information be collected only for purposes a reasonable person would consider appropriate, that visitors be told why the information is being collected, and that it be used only for those stated purposes. Visitors should be informed at the time of sign-in how their information will be used and stored.

Sending unsolicited commercial electronic messages — such as follow-up marketing emails — is governed by Canada's Anti-Spam Legislation (CASL), which requires express or implied consent before such messages can be sent. Signing an open house guest sheet does not automatically constitute consent under CASL unless the sheet clearly states that signing constitutes agreement to receive commercial electronic messages. If a licensee sends marketing emails without proper consent, this may constitute a violation of CASL.

For a strata unit listed under BC's Strata Property Act (SBC 1998, c. 43), key documents a prospective buyer should seek include the Form B (Information Certificate), the strata plan, current bylaws and rules, meeting minutes, the depreciation report, and the Contingency Reserve Fund balance. While these documents are typically provided during the contract process rather than at the open house itself, asking the listing licensee about them during your visit is a reasonable starting point. Full disclosure obligations are triggered once an accepted offer is in place.

Attending an open house has no effect whatsoever on eligibility for the First-Time Home Buyers' exemption under BC's Property Transfer Tax Act. Eligibility is determined at the time of registration of the transfer, based on criteria such as the purchase price, the buyer's residency status, and prior property ownership history — consult current BC Ministry of Finance guidance for exact thresholds. An open house is simply a viewing opportunity and carries no legal or tax consequence on its own.

Yes, an open house may be held for a property located within the Agricultural Land Reserve, as a viewing event itself does not alter the land's status or permitted uses. However, the listing licensee should accurately represent to visitors the land-use restrictions that apply under the Agricultural Land Commission Act (SBC 2002, c. 36), including limitations on subdivision, non-farm use, and residential construction. Buyers interested in ALR properties should consult the Agricultural Land Commission directly for guidance on permitted uses before making an offer.

A seller has an ongoing obligation under general common law and BCFSA conduct standards not to misrepresent material facts about a property, including known latent defects — defects that are not visible on reasonable inspection. While full formal disclosure typically occurs through a Property Disclosure Statement provided during the offer process, the listing licensee at an open house must not make false or misleading statements about the property's condition, as doing so could breach both RESA and the licensee's duty of honest dealing. Attendees who have specific concerns about property condition should make formal inquiries through the offer and due-diligence process.

A licensee may present and accept written offers at or after an open house, and a properly executed written offer to purchase that meets the requirements of a valid contract under BC common law can be legally binding once accepted by the seller. However, buyers are generally encouraged to obtain independent legal advice and to have their own representation before signing any offer, particularly when the listing licensee represents only the seller's interests as disclosed in the DORTS. The open house setting does not alter the legal enforceability of any contract formed.