Working With a Buyer’s Agent in Texas: The 2026 Written Agreement Rules

Buying a home in Texas used to start with a phone call and a tour. Since January 1, 2026, it starts with paperwork. A state law, Section 1101.563 of the Occupations Code, now requires a license holder working with a buyer of residential property to sign a written agreement with the buyer before showing a home. Here is what that means for you, and how to read what you are asked to sign.

First: the brokerage services notice

Before any agreement, you should receive a form called Information About Brokerage Services. The Texas Real Estate Commission says that at the time of the first substantive communication with a party about a proposed transaction regarding specific property, a license holder must provide written information about agency. The form explains the ways a broker can represent you, or not, and the duties owed in each case.

When the written agreement is required

Under the new law, the agreement must be in place before the license holder shows any residential property to you, or, if no property is shown, before presenting an offer to buy on your behalf. TREC explains that it does not apply to commercial purchasers or to tenants. A license holder who fails to enter into a required agreement can face disciplinary action.

Two kinds of agreement

	Representation agreement	Non-representation showing agreement
The agent represents you	Yes	No
Exclusive	May be exclusive or non-exclusive	Must be non-exclusive
Length	Set in the agreement	No more than 14 days
Use	Full help through the purchase, or limited services	Showing property only

TREC notes that a representation agreement may limit the broker’s services, for example to showing only, but it cannot waive the minimum duties the broker owes a client under TREC’s rules.

What the agreement must say

• The services the license holder will provide.
• The termination date of the agreement.
• Whether it is exclusive or non-exclusive.
• Whether the license holder represents you or does not.
• The amount or rate of the broker’s compensation and how it will be determined.
• In conspicuous language, that broker compensation is not set by law and is fully negotiable.

Is there a standard form?

TREC adopts the purchase contract forms that license holders are required to use, but its FAQ describes a buyer representation agreement as a private contract between the buyer and the real estate broker, not the sales agent. So the wording you see will depend on the brokerage. Read it as you would any contract, and ask questions.

Your agreement is with the broker

Because the contract is with the broker, not with the individual agent you met, think about what happens if that agent leaves the firm or you simply do not get along. Check how the agreement can be ended, whether notice is required, and whether any fee would still be owed for a home you saw during its term. A short termination date limits the risk; TREC’s rules cap showing-only agreements at 14 days, and a representation agreement can be kept short too if you ask.

Open houses

TREC has explained how the rule works at open houses. If the agent hosting the open house works for the listing brokerage, they do not need to give you the brokerage services notice or a written agreement, but they must disclose that they represent the owner. If the host is from another brokerage and does not represent the seller, they must give you the notice and sign a written agreement with you before you view the property, even if you already have a representation agreement with another broker. If a buyer refuses to sign, TREC says, the agent cannot show the property.

When one broker works for both sides

Sometimes the buyer’s agent and the listing agent work for the same broker. In Texas that arrangement is called an intermediary relationship, and TREC lists the steps it requires: both parties receive the brokerage services notice at their first substantive communication, and both the seller’s listing agreement and the buyer’s representation agreement authorize the broker to act as an intermediary and spell out, in conspicuous bold or underlined print, the conduct the law prohibits. If you see that language, ask the agent to explain it.

Choosing an agent

• Ask how long they have worked in the parts of the Austin area you are considering.
• Ask which services are included and which cost extra.
• Ask how they handle multiple offers and how quickly they can show new listings.
• Agree on a term short enough that you can change agents if it does not work out.

For where an agreement fits in the full process, see Buying a Home in Austin, Step by Step: From First Budget to Keys. If you are still choosing between renting and buying, start with Rent vs. Buy in Austin: Comparing the Monthly Costs Honestly.