Key takeaways
- Since January 1, 2026, Texas law requires a license holder to have a written agreement with you before showing you a home, or before presenting an offer if no home is shown.
- That agreement can be a representation agreement or a limited, non-exclusive showing agreement lasting no more than 14 days.
- Every agreement must state the services, the term, and the compensation, and that broker compensation is not set by law and is fully negotiable.
- Agents must give you the Information About Brokerage Services (IABS) notice at your first substantive conversation about a property.
- You can verify any agent’s license on the TREC website.
What a buyer’s agent does for you
A buyer’s agent represents your interests, not the seller’s, from your first search through closing. Good representation includes:
- Planning: clarifying your goals, timing, and budget
- Local insight: comparing neighborhoods, commutes, and costs
- Showings: scheduling tours and pointing out issues
- Pricing: running comparable sales before you offer
- Offers: preparing contracts and negotiating terms
- Deadlines: tracking the option period and contract dates
- Coordination: working with your lender, title company, and inspectors
- Closing: keeping you informed through funding and keys
An agent can’t give legal or tax advice. They can explain how common transactions work and tell you when to talk with an attorney, lender, or tax professional.
Texas rules every buyer should know
Information About Brokerage Services
Texas requires brokers and agents to give you the Information About Brokerage Services (IABS) form at the first substantive conversation about a specific property. It explains the ways a brokerage can work with you and the duties owed in each role. You’ll also find it linked in the footer of every page on this website.
A written agreement before showings
Under Texas Occupations Code §1101.563, which took effect January 1, 2026, a license holder working with a prospective buyer of residential property must have a written agreement with the buyer before showing any home. If no home is shown, the agreement must be in place before an offer is presented. The agreement must spell out:
- the services the license holder will provide;
- when the agreement ends;
- whether it’s exclusive or non-exclusive; and
- the amount or rate of compensation and how it’s determined, along with a conspicuous statement that compensation is not set by law and is fully negotiable.
Representation vs. showing-only agreements
| Buyer representation agreement | Non-representation (showing) agreement | |
|---|---|---|
| Purpose | The agent represents you and advocates for your interests | The agent shows property without representing you |
| Exclusive? | Can be exclusive or non-exclusive | Must be non-exclusive |
| Length | Negotiated | No more than 14 days |
| Advice and negotiation | Yes | Limited by the agreement’s terms |
| Compensation terms | Required in writing | Required in writing |
Read any agreement before you sign it. Look closely at the term, whether it’s exclusive, how compensation works if a seller doesn’t contribute, and how either side can end it.
How buyer’s agents are paid
Your written agreement states what your broker will be paid and how. Compensation isn’t set by law. It’s negotiated between you and the brokerage. When you make an offer, you can ask the seller to contribute toward your agent’s compensation. The current Texas resale contract has a separate section for that request. The seller may agree, offer less, or decline, so understand what you’d owe in each case. Representation is never automatically free.
See how this works in an offer in how to make an offer on a home.
What if the same brokerage represents the seller?
If you want to buy a home listed by your own agent’s brokerage, Texas allows the broker to act as an intermediary, but only with written consent from both buyer and seller. With that consent, the broker may appoint different agents to work with and advise each side. An intermediary must treat both parties fairly and can’t share certain confidential information, such as how much more you’d be willing to pay. Ask how your brokerage handles this before it comes up.
Questions to ask before you choose an agent
For your own planning. Checking items doesn’t send anything to Clever Realtors.
Red flags to watch for
- Pressure to sign an agreement before you’ve read it or had your questions answered.
- Vague answers about compensation, or claims that representation is “free.”
- Promises about winning a bidding war, a specific price, or a guaranteed timeline.
- A license you can’t find on the TREC license-holder search.
- Slow or inconsistent communication early on. It rarely improves under deadline pressure.
Watch: Before you choose a real estate agent
Frequently asked questions
Do I have to sign an agreement before touring a home in Texas?
Yes. Since January 1, 2026, a license holder must have a written agreement with you before showing you residential property. It can be a representation agreement or a limited, non-exclusive showing agreement of up to 14 days.
Is a buyer’s agent free?
No. Compensation is set in your written agreement and is fully negotiable. A seller may agree to contribute toward it as part of your offer, but that isn’t guaranteed.
Can I work with more than one agent?
It depends on your agreements. Non-exclusive agreements allow it. An exclusive representation agreement generally means you’ll work with that brokerage for its term. Read the terms before you sign.
Can I buy new construction with my own agent?
Usually, yes. Builders often require your agent to be with you or registered on your first visit, so contact your agent before visiting a model home. See our buyer FAQ.
How do I check an agent’s license?
Use the license-holder search on the Texas Real Estate Commission website. It shows the license status and the sponsoring broker.
Sources and further reading
- TREC — What changes in 2026 about buyer/tenant representation in Texas
- TREC — Information About Brokerage Services
- TREC — What is an intermediary?
- Texas Occupations Code, Chapter 1101
- TREC — License holder search
This article is general information about Texas real estate practice, not legal advice. Laws and forms change. Read your agreement carefully and consult a Texas real estate attorney with legal questions.

