Can a Real Estate Agent Show Me a Neighborhood?
- Adam Garrett
- Feb 21
- 13 min read
I was recently asked this question by someone considering moving to the area. It may seem like a pretty simple question, but when you factor in legal limitations, some cases of buyers taking advantage of buyer's agents/brokers, and other factors, it can get a bit tricky.
When is this Question the Trickiest Legally Due to Trespassing or Drone Law?
The question is especially tricky if someone exclusively wants to see the neighborhood & at least 1 of the following is true:
the neighborhood has private roads
the neighborhood is a gated community
there's a desire to see the private association amenities by foot
there's a desire to see the private association amenities by drone & no public location where a remote pilot can legally do that
there's a desire to see the public amenities by drone & no public location where a remote pilot can legally do that
there's a desire to see amenities in the air, but it's in restricted airspace, & there's no LAANC approval available instantly in this case
Note on Online Neighborhood Review
There are numerous places where you can navigate a neighborhood to a degree online, including some that I list in the "Related" section below. Some of the resources that I share about pertinent to neighborhoods that I go into much more detail about in my Home Elements to View Online Prior to a Showing Request page include but are not limited to most of the following:
Use a Laptop or a Desktop, Not a Phone to View Property/Area Elements
Get an idea of the neighborhood values by going to Zillow. or larger area values on Neighborhood Scout
Check For Crime
Get a Visual From An Aerial View (Google Maps or the MLS portal from your agent)
Get a Visual From A Street View (Google Maps)
Get a Visual From A 3D View (Google Maps or Google Earth- available in more populous locations like Newport News but not in a number of rural locations like Isle of Wight County)
Sometimes the pictures of an individual listing will include pictures of the neighborhood or nearby area amenities, especially near the end of the pictures of a listing.
Check the Walk Score specific to the neighborhood or the address.
Niche.com has good information for areas of a city or county, i.e. West Ghent in Norfolk, but I didn't find examples in SE VA of big association neighborhoods like Kiln Creek or Kingsmill.
Nextdoor has some good options to view a neighborhood as well. Just keep in mind that you'll need to do some scrolling or a find search (ctrl+F on a PC) to get to the neighborhoods section once you select an individual city or county in your state, i.e. VA.
Sometimes real estate buyer's agents you are working with can have pictures of neighborhoods or areas that aren't available online. While I don't have any of most neighborhoods in my coverage area, I still have a number.
I'd also recommend looking into the House Issues by Year for the years that homes were built in a neighborhood.
Google searches specific to neighborhoods of interest can reveal a lot as well.
Best Practices on Advanced Notice to Agent
If you'd like to see a neighborhood, area, or particular area amenity on foot, via drone, or otherwise, it's best to let your agent know in advance and let them know how much time you'd like to dedicate to that per neighborhood, especially if you'd like to see the neighborhoods around the same time as you see individual properties.
There is a column in my master spreadsheet of prospective home purchase considerations for extra time to view the area/neighborhood.
If you don't discuss neighborhood viewing with your agent in advance, and wait until you are at the property, there are a few potential problems:
They may not be able to get authorization to see the neighborhood the way you might want to since the listing agent &/or seller may be unavailable.
Most buyer's agents & listing agents don't schedule additional time for viewing neighborhood amenities, particularly in back-to-back showings of properties under $500k.
If flying a drone, there's a decent chance that your agent will not be able to get a response from an HOA in under an hour, even if they are able to reach the listing agent/seller.
If flying a drone, some airspace is restricted, and while LAANC approval in under a minute is available in some cases, in others, it could take days or even 3 months of advanced notice to gain access if it would require manual approval (i.e. near certain military bases in Hampton Roads for days or exceptionally close to civilian airports for months).
Disclosure - I am a Real Estate Agent, Not an Attorney
This article is not to be construed as "legal advice". I am a real estate licensee, not an attorney, and an attorney should be consulted if you'd like to get the most accurate understanding of the law.
Drones Are an Excellent Way to See Neighborhoods & Areas When Legal
Some of the best ways to see neighborhoods and areas is with a drone. You can cover great distances in a short time. For water features where those in the community are able to get out on the water, you're able to get a perspective from that vantage point that wouldn't otherwise be readily available without bringing watercraft to the community and getting authorization, authorization which may not be available at all to non-residents.
While I've had part 107 certification to fly drones with a registered drone with the FAA since 2020, most real estate licensees are not part 107 certified pilots and most don't have their own drones. Those that do can utilize drones to great benefit for exploring areas.
State Law in Virginia & Buyer Brokerage Agreements
State laws prior to recent settlements highly varied by state regarding whether or not a written buyer brokerage agreement was necessary before showings and before a purchase. In Virginia, a buyer brokerage agreement was typically needed before showings for a buyer unless the buyer was just looking to get a feel for the area without actively looking to buy (as a "ministerial act"), even if getting a feel included touring homes for sale.
Legality Regarding Buyer Brokerage Form Prior to Showings in VA
Virginia Realtors- Buyer Broker Agreement: When Do I Need One?
However, the recent NAR settlement changed things for those impacted, eliminating a potential "loophole" like touring homes for sale without considering a purhcase any time soon.
Recent Settlement with National Association of REALTORS® Impact on US Home Tours & Buyer Brokerage Agreements
The recent settlement with the National Association of REALTORS® has a more narrow definition of what's allowable than prior Virginia law. For those real estate licensees who are members of the National Association of REALTORS® like Adam, the settlement eliminates the exception for ministerial acts like those touring homes for sale without considering a purchase any time soon explicitly:
"79. Are written buyer agreements required when MLS Participants perform ministerial acts?"
• "Yes. The obligation to enter into a written buyer agreement is triggered just prior to an MLS Participant taking a buyer to tour a home, regardless of what other acts the MLS Participant performs for the buyer.
• An MLS Participant performing only ministerial acts—and who has not taken the buyer to tour a home—is not working with the buyer and therefore does not yet need to enter into a written buyer agreement. (Updated 7/23/24)"
Buyers Taking Advantage of Buyer's Agents/Brokers & Not Realizing Importance of a Great Buyer's Agent Throughout Transaction
I once helped 2 medical doctors purchase a home, and seeing the complexity involved, and knowing the value of education in enhancing expertise, they expressed to me that they were baffled about how people could opt out of using a buyer's agent to purchase a home. Some buyers fail to realize the massive benefit that a great buyer's agent can be to them from start to finish in a transaction, whether it's in saving them money on the initial contract, getting them the house that they want, helping them avoid a trip to a home where they don't see a fatal flaw their agent does that wouldn't have come up in the home inspection, helping them to avoid buyer's remorse, helping them avoid buying a lemon by identifying major problems in a showing, or helping them to find a home that they wouldn't have found on their own via criteria that they would have never had on their own.
Related:
The Importance of Choosing a Great Buyer's Agent
Why Hire a Buyer's Agent? What do They Do?
Sometimes buyers will have a buyer's agent show them many homes, only for them to purchase something under dual agency with a listing agent, or designated agency arranged by a listing agent, cutting their buyer's agent out of the deal if the agent doesn't have the right buyer brokerage agreement with them. The listing agent might be a smooth talker, and say things like it will be a more "streamlined" process. What the listing agent will fail to mention is that they have a much higher probability of buyer's remorse if they don't have representation that is independent from the listing agent's recommendation for agents or the listing agent themself. In other cases, a buyer's agent who has spent a lot of time with them may simply not be in the right place at the right time, and the buyer may see a home with a new agent and want to write an offer with that agent immediately. In both cases, the first buyer's agent's time is disregarded, no matter how good of an agent they may have been.
There are certainly some cases where a buyer's agent doesn't do their job where termination of the buyer's agent is warranted, but the above 2 scenarios occurring with buyers who don't sign the right buyer brokerage agreement with agents is 1 of the reasons why so many real estate agents are unable to stay in full-time real estate business after a short period of time. It's also 1 of the reasons why many real estate agents and brokers who are experienced won't perform showings without a buyer brokerage agreement signed even if not impacted by the NAR settlement and not in a state where it's required and why many won't do non-exclusive buyer brokerage agreements.
Options to See Neighborhoods as a Tenant &/or Buyer:
See Neighborhood Without Going Into Any Homes
(After Obtaining Appropriate Permission Directly from Any Associations Involved or Other Parties Involved Like the FAA if Flying a Drone or Traversing Private Association Property, if Applicable)
One way that a prospective buyer or prospective tenant could see neighborhoods together with an agent would be to not go into homes.
I generally wouldn't recommend that strategy since you won't get the best feel for a neighborhood without touring at least 1 home, even if you are familiar with the various issues that can be present in homes based on the year that they were built & are able to look at home qualities of online listings in detail.
While I am not an attorney, this approach would seem to me to be considered a "ministerial act", and likely legal in Virginia while also not seeming to cross the boundaries of the recent lawsuit settlement with the National Association of REALTORS®.
Authorization should be obtained if seeking to traverse private property or if seeking to use private (or certain public) property to fly a drone.
With the above in mind, some real estate licensees may be willing to show you neighborhoods after getting the proper authorization to do so without you signing anything. Others may require that you sign a buyer brokerage agreement just in case you change your mind and decide to purchase sooner than you think you will.
See Neighborhood & Go Into Homes for Sale After Buyer Brokerage Agreement if with a Licensee Impacted by the NAR Settlement
If in a situation where not impacted by more restrictive state laws, a real estate licensee like myself could show you some neighborhoods where we also go into homes for sale only with an exclusive buyer brokerage agreement signed.
In my case, it could be a 90-day active agreement with an additional 90-day later clause included. If you did end up purchasing in those 180 days, I would be able to help you in the transaction from start to finish. Sellers are still typically, but not always, paying for most or all of most cases of buyer's agent commissions. If you decide to use another agent to purchase a home that we hadn't seen in the time of our agreement during days 91-180 where that additional provision factored in, I wouldn't be owed any commission. As long as you don't purchase anything in the next 180 days, your real estate agent or broker typically wouldn't be owed anything by any party in a case like the VAR Non-Exclusive Buyer Brokerage Agreement or the GRP Exclusive Buyer Brokerage Agreement.
See Neighborhood & Go Into Homes for Sale Without Buyer Brokerage Agreement if with a Licensee Not Impacted by the NAR Settlement & Seemingly Willing to To Do Both Without Anything Signed
This approach may work, especially if in a state (unlike Virginia) where no written buyer brokerage agreement is needed, but there are some potential challenges with this approach:
The transparency of a written buyer brokerage agreement helps protect a buyer. Did you know that in real estate law, there is such thing as "implied agency", and that even without a verbal agreement on your buyer agency relationship with a buyer's agent, you may be unknowingly hiring a real estate agent simply by your actions or words without a set-in-stone agreement, and potentially liable because of it?
It may be difficult to find those not impacted by the NAR settlement in certain areas.
Just because a licensee is not impacted by the NAR settlement, doesn't mean that they will be willing to break the law if a buyer is actively looking to purchase in a state like VA where a buyer brokerage agreement is needed in that scenario.
Just because a licensee is not impacted by the NAR settlement, & wouldn't be breaking the law because a buyer isn't actively looking to purchase, doesn't mean that they will necessarily be willing to not sign a buyer brokerage agreement before showing neighborhoods and homes.
In some cases, licensees won't mention a buyer brokerage agreement at all until it's time to write an offer. At that time, it can easily pressure a buyer into not looking at the agreement carefully or negotiating any terms in favor of getting the offer out more quickly, especially in a competitive market with a multiple-offer situation & an impending deadline for offers hours away.
In some cases, licensees won't mention a buyer brokerage agreement at all until you show up to see properties with them. They might have the buyer brokerage agreement ready for you to sign under pressure & without alternative options (i.e. there are exclusive and non-exclusive agreements) or they may ask for you to shake hands on using them as your agent in order for them to proceed with showings in a pressure sales tactic while the clock ticks from the narrow window when you have available to see the 1st property in a string of showings.
See Neighborhood & Go Into Homes for Rent Without Anything Signed
Some real estate licensees, especially newer licensees, are willing to perform showings with prospective tenants and show them neighborhoods without any agreement signed & without any expectation of compensation from the tenant.
I used to do showings for tenants without any agreement signed when I was new in the business. Stopping that practice of tenant assistance without agreements except in limited charitable circumstances is one of the most important decisions I had to make in order to survive in the business. When I used to do that without an agreement, I don't recall a dime I ever got for any of the showings that I performed for prospective tenants, whether they had plans to purchase in the future that they expressed or not, and I performed enough with enough tenants where I lost count of the number of tenants I showed homes to and the hours I put into assisting them educationally.
See Neighborhood & Go Into Homes for Rent After Signing Agreement Including Compensation Terms for Agent/Broker
Some agents like myself have a fee structure for most rental showings and showing neighborhoods to prospective tenants. If the compensation offered by the landlord/listing agent (if there is any) is below the amount required (it typically is), the tenant would pay their agent the difference. If no compensation is offered, and no charitable or other exceptions apply, the full amount would be due. In my case, and in some other agents' cases, rebates are available upon the closing of a future purchase with the same agent, enabled by sale commission proceeds, which are typically paid in whole or in large part by the seller. See the rebate details in #6 below.
See Neighborhood & Go Into Homes for Rent & Sale After Signing Agreement for Rent & for Sale Including Compensation Terms for Agent/Broker, w up to 100% Rebate Possible via Later Purchase
This approach is best for those considering renting or buying or those considering renting initially prior to a future purchase. In this approach, a buyer brokerage agreement is signed, where if a purchase were to occur within the timeline of the buyer brokerage agreement, the buyer's agent would be helping the buyer with things like showings, writing offers, assisting with negotiations based on inspections, getting the buyer to closing, etc. The buyer's agent would be due compensation for their service, typically paid for in whole or the vast majority by the seller. However, that does depend on compensation terms - i.e. I know of 1 buyer's agent I met who charges 4% for residential real estate, where the vast majority wouldn't typically be paid for by the seller in the Hampton Roads market where she works.
In addition, an agreement should be signed between the prospective tenant and the agent regarding compensation for tenant assistance. While sometimes this compensation is covered by the landlord/agent, it's not nearly as likely to cover all or the vast majority of compensation for a buyer brokerage agreement. If I am the agent, I have rebates available for future purchases, including under the below terms current as of 2/21/25:
As I share in my article on my tenant assistance available along with my fees for assisting tenants (as well as some charitable exceptions):
"If you receive paid rental assistance from me, then close on a home purchase at a later time, I will rebate 50% of the fees you pay me (100% for any portion of it spent directly in viewing neighborhoods with clients away from homes shown) up to 33% of the commission I receive for closing on the purchase.
Exclusions:
This offer cannot be combined with another offer (except exclusions, which can be stacked) & buyers must reach out directly to me in order to receive it rather than going through a referral source that I would need to pay a referral fee to (i.e. another licensed agent or an online referral source that requires referral fees from me).
No Expiration:
There is no expiration on this offer & renters can receive assistance on multiple occasions across multiple years up to the caps for a rebate. While this offer may change over time, the offer that was present at time(s) of service will stand."
Related:
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