BC Open Houses: Legal Requirements, CASL Rules, and Best Practices (2026)
Open houses are a lead generation tool, a marketing event, and a compliance challenge all at once. BC realtors must navigate CASL consent collection, agency disclosure to unrepresented buyers, FINTRAC triggers, and seller privacy concerns — all while creating a memorable experience for potential buyers. This guide covers all of it.
Legal framework for open houses in BC
CASL
Express consent required before sending any commercial email or SMS marketing to visitors
CRTC fines up to $10M for organizations, $1M for individuals per violation
BCFSA Agency Disclosure
Must disclose who you represent (seller) to unrepresented buyer visitors before discussing property details
Regulatory complaint, license suspension, professional liability
FINTRAC
Identity verification triggered when buyer client relationship begins or offer is drafted
FINTRAC penalties for non-compliance; regulatory action from BCFSA
PIPEDA / Privacy
Must disclose how visitor contact information will be used; cannot share without consent
Privacy Commissioner complaints; liability for unauthorized disclosure
Building a CASL-compliant sign-in sheet
The sign-in sheet is where most CASL compliance issues originate. A properly designed sign-in sheet collects contact information AND documented consent in one step. Here is what to include:
Required elements on sign-in sheet
Pre-checked boxes are not valid consent.CASL requires the visitor to actively opt in. A pre-checked “Yes, send me marketing” checkbox does not constitute valid express consent. The checkbox must be unchecked by default.
Agency disclosure at open houses
When you are the listing agent hosting an open house, you represent the seller. When a buyer visitor starts asking questions that indicate interest in the property, your disclosure obligation is triggered. The key message to communicate:
Sample disclosure script
“Before we go through the property, I want to let you know that I represent the sellers on this listing. That means my job is to get the best result for them, and anything you share with me — like your timeline, what you would offer, or what your current situation is — I may be obligated to pass along. You are absolutely welcome to look through the home, and I am happy to answer questions about the property itself. But if you decide you are interested in making an offer, I would encourage you to consider working with your own buyer's agent who represents just you. Do you currently work with an agent?”
If the visitor is already working with a buyer's agent, you can be more relaxed — they have independent representation. If they are unrepresented and express interest in making an offer, consider whether you can represent both parties (limited dual agency) and whether your brokerage permits it under current BCFSA rules.
Open house preparation checklist
Before the open house
- •Print CASL-compliant sign-in sheets
- •Prepare feature sheets with key property data
- •Set up directional signs (follow municipal bylaws)
- •Prepare neighbourhood data package
- •Notify seller of open house times and access
- •Confirm staging is complete and property is ready
- •Prepare comparable sales printout for pricing context
During the open house
- •Greet every visitor and collect sign-in
- •Give agency disclosure to unrepresented buyers
- •Let visitors explore independently — avoid hard-sell
- •Note visitor feedback and reactions
- •Answer factual questions about the property
- •Do not speculate on seller's minimum price
- •Identify serious buyers from casual lookers
After the open house
- •Enter all visitors into your CRM (same day)
- •Record CASL consent status per visitor
- •Follow up within 24 hours for interested visitors
- •Send seller feedback summary within 48 hours
- •Share listing to social media with open house recap
- •Enroll consenting visitors in appropriate drip
- •Add non-consenting visitors to call-back list only
Virtual open houses: compliance considerations
Virtual open houses (Zoom, YouTube Live, Instagram Live) have additional considerations:
Collecting registrant email addresses to send the Zoom link constitutes collecting contact information. Include CASL consent opt-in on the registration form. Without consent, you can send one transactional email (the Zoom link) but not ongoing marketing.
If you record the virtual open house for later distribution, disclose this during the session. Participants who appear on screen have privacy expectations — a verbal disclosure at the start is good practice.
The same agency disclosure obligations apply in virtual open houses. If you are the listing agent, disclose your representation at the beginning of the session.
Registrant lists from virtual events should be imported into your CRM with the event noted as the lead source and the consent status recorded based on the registration form response.
Frequently asked questions
Do I need CASL consent at an open house sign-in?
Yes — if you plan to send commercial electronic messages (email marketing, newsletters, or listing alerts) to visitors who sign in, you must obtain express or implied CASL consent before sending. Express consent requires an explicit opt-in (a checkbox, a signature, or a verbal yes that is documented). Having someone sign an open house visitor sheet does not automatically grant you CASL consent for ongoing marketing. The sign-in sheet should include clear language about what communications they will receive and an opt-in mechanism. Implied consent (existing business relationship) may apply if the visitor is already a known client, but for new contacts, express consent is safer.
What should I tell visitors about agency representation at an open house?
When a potential buyer visitor asks questions about the property at an open house hosted by the listing agent, a disclosure duty arises. BCFSA requires listing agents to tell unrepresented parties that: (1) the agent represents the seller, not the buyer, and their fiduciary duty is to the seller; (2) any information the buyer shares may be passed to the seller; (3) the buyer has the right to seek independent representation before proceeding. A working with a REALTOR form or verbal disclosure is required. If the visitor is already represented by a buyer's agent, this disclosure is less critical but still good practice.
Can visitors take photos inside a property during an open house?
There is no universal legal prohibition on visitors photographing the interior of a property during an open house — the property is voluntarily open to the public during that period. However, sellers sometimes request no photography, particularly for high-value properties with unique features or personal items still in the home. If the seller requests no photos, post a visible notice and verbally remind each visitor. Photos taken by visitors and shared online can create privacy concerns (visible personal information, valuables, security systems). Realtors cannot enforce a no-photo rule against visitors but can note it as a condition of entry and ask visitors to leave if they refuse to comply.
What FINTRAC obligations apply at open houses?
FINTRAC identity verification is not typically triggered at an open house for the listing agent — it is required when a realtor enters into a client relationship or facilitates a transaction. However, if a visitor at the open house expresses interest in making an offer, FINTRAC obligations begin from that point. If you are working as a buyer's agent for a visitor, FINTRAC identity verification must be completed before you draft any offer. Collect government ID, verify identity, and document the verification record per FINTRAC regulations.
How should I follow up with open house visitors in BC?
Follow up within 24 hours of the open house while the visit is fresh. Your approach should be personal and low-pressure: acknowledge the specific property they visited, ask one clarifying question about their situation (timeline, specific requirements, price range), and offer a next step that creates value (similar listings, area market data, a private showing of a comparable property). For visitors who provided CASL consent, add them to your CRM with proper consent records, and enroll them in an appropriate drip sequence if they are in active search mode. For visitors who did not provide consent, a single follow-up email or call is acceptable — ongoing marketing requires documented consent.
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