The latest Legal Briefs video is the third of a three-part series covering changes to agency law in Texas.
Effective January 1, 2026, The Real Estate License Act will require a written agreement to be entered into before you show any residential real property to a prospective buyer. This new requirement only applies to buyers of residential property. Watch this episode below or here to find out the answers to these questions and more:
- When do you need to enter into a written agreement with a prospective buyer?
- What do you do if the buyer asks you to submit an offer on a residential property without a showing?
- Do you still need a written agreement if you’re not acting as the buyer’s agent?
Updated forms will be available to members and approved form vendors before the changes go into effect January 1, 2026.
You can watch part one, Showing a Property Without Representing the Party here and click here for part two, The Death of Subagency.
Di you just say that we will have to have a new Buyer’s Rep every 14 days?
I think the 14 day thing is only when you have signed up to only just show them properties as in a showing service, I think, I hope…. it is not currently clear to me.
What “problem” is this requirement trying to solve? There is not an explanation as to why this is necessary. More and more red tape.
The video fails to address the issue of an agent who represents the seller and who is showing the property to a prospective buyer
I use a REPRESENTATION DISCLOSURE when this happens. This clearly states that I represent the SELLER and am showing to a buyer as a courtesy to the buyer, and to ensure that all interested parties have an opportunity to see my seller’s listing. The buyers sign that document to acknowledge you do NOT represent them and clarifies that you represent the SELLER ONLY.