Starting January 1, 2026, changes to The Real Estate License Act (TRELA) in Texas will require written agreements for buyer representation. The legislation, passed during the 89th Texas Legislative Session, introduces new rules about when and how real estate license holders must enter into written agreements with residential buyers and clarifies circumstances for showing property without formal representation.
Two sections have been added to TRELA: Section 1101.562, which addresses real property showings without representation, and Section 1101.563, which requires written agreements for certain activities involving residential buyers.
Under Section 1101.562, license holders can show property—including residential, farm and ranch, or commercial properties—to buyers or tenants without representing them if specific conditions are met. These include not having agreed to represent the party orally or in writing at the time of showing and refraining from providing opinions or advice on the transaction. License holders may only provide information such as size, price, and terms of available properties. They must also disclose whether they represent the owner and provide the Information About Brokerage Services (IABS) form if not.
Section 1101.563 mandates that license holders working with prospective buyers of residential real estate must enter into a written agreement before showing any property or presenting an offer to purchase on behalf of a buyer. This requirement does not apply to commercial purchasers or tenants.
The required agreements can be either non-representation “showing-only” agreements or full representation agreements but must include details about services provided, agreement termination date (no more than 14 days for non-representation), exclusivity status, whether the license holder represents the buyer, compensation details, and a disclosure that broker compensation is negotiable.
According to the Texas Real Estate Commission (TREC), “The intent behind this change was to help protect consumers by requiring use of written agreements that clearly outline the obligations the license holder and prospective buyer owe to each other.”
The rules also clarify procedures for open houses. Agents hosting an open house as part of their own listing brokerage do not need a written agreement with prospective buyers but must disclose whom they represent. Agents from outside brokerages must provide both the IABS form and enter into a written agreement before allowing a buyer to view a property during an open house—even if that buyer already has an agreement with another broker.
If a buyer refuses to sign an agreement at an open house hosted by an agent outside of the listing brokerage, “the agent cannot show the property,” per TREC guidelines. Failure to comply may result in disciplinary action against license holders.
Additionally, references to subagency have been removed from TRELA, limiting when subagency might arise in practice; however, it remains possible under certain legal situations.
