A Texas buyer representation agreement is a written contract between you and a real estate broker that defines what the broker will do for you, how long the relationship lasts, and what you owe in compensation. As of January 1, 2026, you have to sign one before a Texas agent can show you residential property or submit an offer on your behalf. It converts a casual house-hunt into a legal relationship with duties running in both directions.
When You Have to Sign One
Section 1101.563 of the Texas Occupations Code requires any license holder performing brokerage services for a residential buyer to have a written agreement in place before showing property or presenting an offer, effective January 1, 2026. Walk into an open house hosted by an agent who doesn’t work for the listing broker, and that agent has to give you the Information About Brokerage Services form and enter into a written agreement with you before letting you tour. Refuse to sign, and the agent cannot show you the property.1Texas Real Estate Commission. What Changes in 2026 About Buyer/Tenant Representation in Texas
There is one narrow exception. Under Section 1101.562, an agent can show you a property without representing you, but the limits are tight: no opinions about the property, no advice on the transaction, no other brokerage services. If they represent the seller, they must tell you. This no-representation arrangement still requires a written agreement, cannot last longer than 14 days, and must be non-exclusive.1Texas Real Estate Commission. What Changes in 2026 About Buyer/Tenant Representation in Texas
Agents who skip the paperwork when it’s required face disciplinary action from the Texas Real Estate Commission.
What the Agreement Has to Say
Texas law sets a floor for what the contract must cover. Under Section 1101.563, the agreement has to include:
- A description of the services the agent will provide, such as identifying properties, advising on price, negotiating offers, and coordinating closing.
- A specific calendar termination date. Texas law has long required a definite end so buyers aren’t bound indefinitely.
- Whether the arrangement is exclusive or non-exclusive.
- Whether the agent represents you or is operating under the no-representation exception.
- Compensation stated as a specific dollar amount, flat fee, percentage, or hourly rate. Ranges and open-ended terms are not allowed.
- A conspicuous statement that broker fees are not set by law and are fully negotiable.
TREC does not publish its own buyer representation form. Unlike purchase contracts, this one is treated as a private contract between you and the broker.2Texas Real Estate Commission. Does TREC Have a Promulgated Buyer Representation Agreement Most agents use a form from the Texas Association of Realtors. You aren’t required to use that particular form, and you can negotiate its terms or have an attorney prepare one instead.
Market Area and Property Type
The standard TAR form has fields for the geographic area of your search and the type of property you’re looking for. The market area might be limited to specific counties, cities, or zip codes. The property type narrows the scope to categories like single-family homes, condominiums, or unimproved land. Defining both prevents later disputes about which purchases fall under the agreement. If your search evolves, changing these fields requires a written amendment signed by both sides.
Duration
Terms of three to six months are common, but the length is entirely negotiable. A shorter term gives you flexibility to switch agents if things aren’t working. A longer term gives the agent more reason to invest time in your search. Whatever you agree to, a specific calendar date has to appear in the contract.
What Your Agent Owes You
Once the agreement is in force, your agent owes you a fiduciary duty, the highest standard of care in a professional relationship. Under the Texas Administrative Code, a broker must place your financial interests above their own and share all information that could affect your decisions, unless another law prohibits disclosure.3Cornell Law Institute. 22 Tex Admin Code 535-2 – Broker Responsibility In practice that means:
- Loyalty. Your agent cannot represent competing interests without your full knowledge and written consent. When the same brokerage represents both sides, the broker has to act as an intermediary under specific rules with separately appointed agents.
- Disclosure. Facts about property conditions, market values, and anything else that could influence your decision have to reach you. If your agent knows a comparable home sold for less, or the house has foundation issues, you get told.
- Confidentiality. Your personal and financial motivations stay private. Your agent cannot tell the seller you would go higher than your first offer.
- Obedience. Lawful instructions get followed. Set a price ceiling, and the agent has to respect it.
- Accounting. Earnest money and other funds are handled under strict rules, and mixing your money with the broker’s own funds is specifically prohibited.
TREC enforces these obligations. A broker who misrepresents a property, hides a known defect, commingles funds, or acts dishonestly can lose the license.4State of Texas. Texas Occupations Code 1101-652 – Grounds for Suspension or Revocation of License TREC can also impose administrative penalties of up to $5,000 per violation, with each day a violation continues counting as a separate offense.5Texas Real Estate Commission. What Are the Penalties for Unlicensed Brokerage Activity
How You Pay
Compensation is where most negotiation happens. A buyer’s agent fee in Texas commonly runs around 2.5% to 3% of the purchase price, but this varies by market and agent. Because fees are fully negotiable, you can agree to a flat fee, an hourly rate, or a different percentage.
The number has to be stated specifically. Not a range, not “whatever the seller offers.” That specificity requirement exists under both Texas law and the National Association of Realtors’ MLS participation rules, which prohibit open-ended compensation terms.6National Association of Realtors. Summary of 2024 MLS Changes
Who Writes the Check
In most Texas deals, the seller agrees to pay the buyer’s agent fee as part of the transaction. You can ask for that in your offer, and sellers often agree because it keeps buyers from needing extra cash beyond the down payment and closing costs. This part matters: your agreement makes you responsible for the fee if the seller won’t pay. Buy from a builder with a no-commission policy or a for-sale-by-owner seller who refuses to contribute, and you owe your agent the amount stated in your agreement, due at closing.
If a seller offers more than what your agreement specifies, your agent cannot keep the difference. Under NAR’s MLS rules, an agent cannot receive more than the amount agreed to in your written agreement.6National Association of Realtors. Summary of 2024 MLS Changes
The MLS Change
Before 2024, listing brokers routinely advertised the buyer’s agent commission on the MLS, so agents could see the payout before deciding what to show. Following the NAR settlement in 2024, offers of compensation can no longer appear on the MLS. Sellers can still offer to pay your agent, but that negotiation happens outside the listing platform.6National Association of Realtors. Summary of 2024 MLS Changes
What You Owe in Return
The agreement creates duties on your side too, and ignoring them can cost you.
The main one is routing property inquiries through your agent. If you go to an open house, call a listing agent, or contact a builder’s sales office, tell them right away that you already have representation. Skip that step and you can end up in a fight over which broker earned the commission, potentially owing two of them for the same purchase.
You’re also expected to provide financial information showing you can close, typically a mortgage pre-approval letter. Agents don’t want to spend weeks on a buyer who can’t qualify. Being straight about your budget lets your agent focus the search and strengthens your offers.
Breaching the agreement by buying around your agent or working with a different agent in violation of an exclusive term can expose you to a claim for the full commission your agent would have earned. These contracts are enforceable, and brokers do sue on them.
How the Agreement Ends
The clean exit is waiting for the termination date. Once it passes, your obligations end automatically, subject to the protection period below.
Ending It Early
If you want out sooner, start with your agent. Many will release you rather than hold a reluctant client. If the agent won’t budge, contact the supervising broker, who has authority to end the agreement or reassign you to a different agent within the same brokerage. Whatever the outcome, get a signed termination in writing. A verbal understanding leaves you exposed if a dispute follows.
If the agent has genuinely failed to perform, meaning no returned calls, missed showings, bad advice, you may have grounds to terminate for breach. Read the termination provisions in your specific contract before you move, and document the problems in writing first.
The Protection Period
Even after the agreement ends, a protection period usually stays in force. It says your former agent still gets paid if you buy a property they introduced you to during the active term. Protection periods commonly run 30 to 90 days, and the length is negotiable.
To trigger it, the broker typically has to give you a written list of properties they showed you or brought to your attention. If you sign a new buyer representation agreement with a different broker during the protection period, the original broker’s claim usually falls away, so you don’t end up owing two commissions.
Fair Housing Limits What You Can Ask For
Your agent’s duties extend past your contract. Federal law prohibits steering, meaning directing buyers toward or away from neighborhoods based on race, color, religion, sex, disability, familial status, or national origin.7Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale, Rental, and Financing of Housing Ask for a “safe” neighborhood or a “good school district,” and a competent agent will push back with objective criteria: property features, commute times, price ranges. An agent who narrows your search based on protected characteristics violates the Fair Housing Act whether or not you asked them to. Suspected steering can be reported to HUD or TREC.
If Something Goes Wrong
TREC licenses brokers and agents, enforces the Texas Real Estate License Act, and investigates consumer complaints.8Texas Real Estate Commission. About the Texas Real Estate Commission If your agent breaches fiduciary duties, misrepresents a property, or commingles funds, you can file a complaint with TREC’s enforcement division. TREC can suspend or revoke licenses and impose fines, but it does not resolve commission disputes or award you damages. For money back, you’re looking at a civil lawsuit or the dispute resolution process in your agreement.