Buyer Representation Agreement in Texas: What to Know Before Your First Showing
Updated Nov 7, 2026 · By Hilda Avila, REALTOR®, Ebby Halliday Real Estate, LLC.
Short answer: As of January 1, 2026, Texas law requires a real estate agent to have a written agreement with you before showing you a home. If no home is shown, the agreement has to be in place before the agent presents an offer for you. That agreement can make the agent your representative, or it can be a short, non-exclusive agreement that covers showings only. Either way, it must state in writing how the agent’s broker gets paid, and that compensation isn’t set by law and is fully negotiable.
This guide explains what the law requires, how the two kinds of agreements differ, and what to ask before you sign. It’s general information, not legal advice. For questions about a specific agreement, talk with your agent’s broker or a real estate attorney.
What Texas law requires
Two sections of the Texas Real Estate License Act took effect on January 1, 2026 (TREC):
- Section 1101.563, written agreement required. An agent who performs brokerage services for a prospective buyer of residential property must have a written agreement with that buyer before showing any home. If no home will be shown, the agreement has to be in place before the agent presents an offer for the buyer. Under this section, “residential property” means a single-family house, a duplex, triplex or fourplex, or a condo or co-op unit (Texas Occupations Code §1101.563, added by SB 1968).
- Section 1101.562, showings without representation. An agent may show you property without representing you, but only under strict limits, described below.
The law requires the agreement to state:
- the services the agent will provide
- when the agreement ends
- whether it’s exclusive or non-exclusive
- whether the agent represents you as your buyer’s agent, or does not represent you and is only showing property
- how much the broker will be paid, or at what rate, and how that amount is determined
It also has to say, in conspicuous language, that broker compensation is not set by law and is fully negotiable.
The written-agreement rule covers residential buyers. TREC notes it does not apply to commercial buyers or to tenants.
Showing-only vs. full representation
| Showing-only (non-representation) agreement | Buyer representation agreement | |
|---|---|---|
| Does the agent represent you? | No | Yes, as your buyer’s agent |
| Advice and opinions | The agent may not give opinions or advice about the property or the transaction. The agent can share facts about size, price and terms. | Yes, within the services the agreement lists |
| Other services (offers, negotiating) | Not allowed under this agreement | Whatever the agreement lists. It can be limited, but it can’t waive the minimum duties agents owe clients under Texas law. |
| Exclusive? | Must be non-exclusive | Can be exclusive or non-exclusive. The agreement must say which. |
| How long it lasts | Ends no more than 14 days after it’s made | The end date is set in the agreement |
| Compensation | Must be stated in writing and is negotiable | Must be stated in writing and is negotiable |
Sources: TREC; Texas Occupations Code §1101.563, added by SB 1968.
In short, a showing-only agreement gets you through a door. A representation agreement is what you sign when you want someone advising you and negotiating for you.
Who pays the buyer’s agent?
Compensation is negotiable, and it has to be written into your agreement.
- Under the law: The statute requires the agreement to state the amount or rate and how it’s determined. It does not say who ultimately pays.
- Under the forms many agents use: Texas REALTORS® says that under its buyer representation forms, the buyer agrees to pay the broker. The broker may help get a contribution from the seller, but the buyer stays responsible for any unpaid amount (Texas REALTORS®, Securing Your Fee).
- A seller may agree to contribute toward the buyer’s broker fee in the purchase contract. That contribution is negotiated and isn’t guaranteed.
Your agreement may use different terms, so read the compensation section closely.
Checklist before you sign
- Is this a representation agreement or a showing-only agreement?
- Is it exclusive or non-exclusive? If exclusive, what area or property types does it cover?
- What’s the end date? Can either of us end it early, and how?
- What services are included: showings, offers, negotiation, help through closing?
- What is the compensation, and how is it determined? What happens if a seller or builder contributes less, or nothing?
- Will I owe anything if I buy a home I found myself during the agreement, or after it ends?
- Does the agreement allow the broker to act as an intermediary if I want one of the brokerage’s own listings?
- Have I received the IABS notice?
- Do I have a copy of everything I signed?
If the agreement is in English and you’d like help in Spanish, Texas REALTORS® says its Spanish translations are for information only, and the English version is the one you sign (Texas REALTORS®).
Planning to tour new construction?
Many builders ask you to register your agent at your first visit. A written agreement may need to be in place before an agent tours homes with you. See builder registration and new construction in North Dallas.
Talk it through before your first showing
Still choosing an agent? Start with how to choose a realtor in North Dallas, or see how working with Hilda works. If you’d like to go over representation options and the agreement before you tour, in English or Spanish, contact Hilda.
FAQ
Do I have to sign a buyer agreement to see a house in Texas?
If a licensed agent is showing you a home, yes. Since January 1, 2026, Texas law requires a written agreement before the showing. It can be a showing-only agreement or a representation agreement.
How long does a showing-only agreement last?
No more than 14 days, and it must be non-exclusive.
Is the buyer’s agent fee set by law?
No. Texas law requires the agreement to say that broker compensation isn’t set by law and is fully negotiable.
Who pays the buyer’s agent?
Whoever your agreement says pays. Under the Texas REALTORS® forms, the buyer is responsible, and a seller may agree to contribute. Read your own agreement’s terms.
Does a buyer representation agreement have to be exclusive?
No. It may be exclusive or non-exclusive, but it must say which.
Can I end a buyer agreement early?
That depends on the agreement’s terms. The law requires an end date, but early-termination rules are set in the agreement itself. Ask before you sign.
General information, not legal advice. Laws and forms change, so confirm current terms with your broker or an attorney.
Hilda Avila, REALTOR® · TREC #803801 · Ebby Halliday Real Estate, LLC · TREC Broker #257740.