Recent changes to The Real Estate License Act (TRELA) in Texas will require written agreements for buyer representation starting January 1, 2026. The amendments, passed during the 89th Texas Legislative Session, also introduce a non-representation status that allows real estate license holders to show properties under specific conditions.
Two new 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. Under Section 1101.562, license holders may show property—including residential, farm and ranch, or commercial—to buyers or tenants without representing them if specific requirements are met. These include not providing opinions or advice about the property or transaction and disclosing whether they represent the owner.
Section 1101.563 now makes it mandatory for license holders working with prospective buyers of residential real estate to enter into a written agreement before showing any property or presenting an offer on behalf of the buyer. This requirement does not apply to commercial purchasers or tenants.
The required written agreement must specify services provided by the license holder, termination date (not exceeding 14 days for non-representation agreements), exclusivity status, representation status, compensation details, and a disclosure stating that broker compensation is negotiable and not set by law.
The legislation aims to protect consumers by ensuring clarity about obligations between license holders and buyers through these written agreements.
For open houses hosted by agents who are members of the listing brokerage, there is no need to provide an Information About Brokerage Services (IABS) form or enter into a written agreement with prospective buyers; however, disclosure of owner representation is still required as per existing law. Agents outside the listing brokerage must provide both the IABS form and obtain a signed agreement from visitors before showing the property—even if those visitors already have an agreement with another broker.
If a buyer refuses to sign such an agreement at an open house, they cannot view the property. Failure by agents to comply could result in disciplinary action under state law.
The recent legislative update also removed two references to subagency from TRELA. While this limits when subagency can arise in practice, it does not eliminate it as a legal concept. Agents encountering potential subagency situations are advised to consult their broker or attorney.
