Buyer Representation: Do You Need an Agreement in Texas?

Yes. In Texas, you'll sign a written buyer representation agreement before an agent can advise you on homes or help you make an offer. Here's what changed, what the agreement covers and what to ask before you sign.

What changed

Starting August 17, 2024, national rules from the National Association of REALTORS® settlement required agents who work with buyers to have a written agreement before touring homes with them. Texas went further. Since January 1, 2026, state law (Senate Bill 1968) requires a written agreement before an agent takes substantive action for a buyer.

  • An agent can open the door of a home for you without an agreement, but can't give advice or opinions about it.
  • Advising you, writing an offer or negotiating for you all require a signed agreement.

What the agreement must include

  • The services your agent will provide
  • When the agreement ends
  • Whether it's exclusive or non-exclusive
  • How your agent will be paid
  • A statement that commissions are negotiable and not set by law

Why it helps you

  • No surprises about pay. You know how your agent is paid before you start, and you can ask for it to come from the seller as part of your offer.
  • Clear duties. The agreement spells out what your agent does for you.
  • Clear roles. If the same brokerage represents the seller, Texas law lets it act as an intermediary only with your written consent. The agreement explains how that works.

What to ask before you sign

  • How long does the agreement last, and can I end it early?
  • Is it exclusive, and does it cover a certain area or type of home?
  • What is the compensation, and what happens if the seller won't pay any of it?
  • What services are included?

Everything in the agreement can be negotiated. I'll walk you through mine line by line before you sign, with no pressure. Call or text me at (512) 629-9050.

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This page is for general information and isn't legal advice.

Walter Kirton

Walter Kirton

Agent License ID: 827121-SA

+1(512) 635-3515

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