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Home Buyers Need to Know - New Law in Texas

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Real Estate Agent with North Texas Top Team, REALTORS (Plano, Murphy, Wylie) TX Lic# 055794

Do you know the exact moment a home buyer in Texas must hire real estate agent? This matters if you plan to look at homes before choosing an agent. Starting January 1st, every agent in Texas is REQUIRED to have a signed document before showing properties. Over the past 2 years, REALTORS (agents who are members of the National Association of Realtors) have been doing this because it's been a required Policy of the National Association of Realtors. However, starting 1/1/26, ALL real estate agents are required to do this because it's the law in Texas. This means everyone has to do this....and it's more easily enforceable.

As a consumer, you have choices on how to comply.

You can sign a showing-only agreement to view a home if the agent offers that service. This does NOT hire the agent to represent you. Once you ask an agent to answer questions, find other homes, write offers, or negotiate—that requires a buyer representation agreement.”

Finding homes is considered brokerage activity under Texas law. You must hire an agent for that. The buyer representation agreement paperwork protects buyers and agents by making roles clear upfront. When you complete the buyer representation agreement you will understand:

  • Your Rights
  • Your Responsibilities
  • Your Costs
  • What Services Your Agent Is Providing


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Comments(4)

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Adam Feinberg
Howard Hanna Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

So if a buyer wants to represent themselves- they can't in accordance with this law? 

 

Dec 29, 2025 11:42 AM
Melissa Hailey
North Texas Top Team, REALTORS (Plano, Murphy, Wylie) - Plano, TX
Collin County Realtor-Lucas, Murphy, Plano, Parker

Hi Adam Feinberg all buyers have the option to ask an agent to provide "showing only" service.  There are a bunch of rules about what that means such as it must be a "non-exclusive" agreement, limited to no more than 14 days, and there can be no compensation.  The agent can only open the door and confirm details available online such as bedrooms/bathrooms/square feet.  No advice or opinion.

 

Then, if the buyer wants to make an offer and represent themselves, they can do that.  They haven't technically hired the showing only agent to "represent" them....so they can represent themselves.  

 

The trick will be to find an agent willing to do a "showing only" service.  Many brokers will have office policies to let their agents know what they are allowed to do.  Some may limit their agents ability to provide "showing only" services, while others may allow it.

Dec 29, 2025 01:57 PM
Melissa Hailey
North Texas Top Team, REALTORS (Plano, Murphy, Wylie) - Plano, TX
Collin County Realtor-Lucas, Murphy, Plano, Parker

Also...another thought Adam Feinberg is that a buyer could reach out to the listing agent directly.  The listing agent represents the seller, and can open the door without any additional paperwork.  Then the buyer can choose to represent themselves that way too.  

Dec 29, 2025 01:58 PM
Adam Feinberg

Melissa Hailey Yeah, I wouldn't offer a showing only service personally. If this buyer is not going to realistically be a client of mine- and I don't convince them on the phone- I would just give them the listing agents contact info- just as I did prior to these ridiculous requirements around buyers agent agreements. The markets have proved what the courts failed to. It's true that the agent community failed to provide transparency (as an industry) as to the value of our work- but our fees have not dropped as a result of the court settlement and laws/rules that have been established around it. 

Dec 29, 2025 02:23 PM
Melissa Hailey
North Texas Top Team, REALTORS (Plano, Murphy, Wylie) - Plano, TX
Collin County Realtor-Lucas, Murphy, Plano, Parker

Adam Feinberg I agree.  

Dec 30, 2025 11:55 AM