In September 1995 the Texas State Legislature made one of the most significant changes to the real estate licensing act, which established an agency relationship called Intermediary. 

If a brokerage represents a buyer and a seller in the same transaction this is considered an Intermediary transaction. 

The broker is always the Intermediary.  The broker can elect to appoint one of their agents to represent the seller and another agent to represent the buyer (Intermediary with appointment).  In this situation each agent can provide advice and opinion to their client.  And any confidential information must remain confidential. 

Secondly the broker can elect to assign one agent to both parties (Intermediary without appointment).  The agent can not provide any advice or opinion.  They can prepare the paperwork provide general information to both parties. 

The broker can never appoint themselves to either party and must treat everyone honestly, and can never provide advice or opinion.

 
Post is included in group: Real Estate Law
Post is included in group: Agency Laws

2 Comments on Texas Intemediary Relationship

SEP
23

Richard, Great info thanks a bunch.

Ron

3:34pm • #1
SEP
28
368,022 Points 23 Featured Posts Outside Blog

Hi Richard... You've done a great job here of explaining how the intermediary relationship works.  I am amazed how many people, including agents, seem to be confused about this.   

1:18am • #2

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Richard Weeks, REALTOR®, Broker Associate, GRI, ePRO, eAgent

Dallas, TX

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Address: 6801 Snider Plaza Ste 220, Dallas, TX, 75205

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