21 Buying and Selling

When is a written buyer agreement required in Texas in 2026?

Answer

As of 2026, federal rules stemming from the National Association of REALTORS® settlement require that buyers entering into a representation agreement with a real-estate agent have a written buyer agreement before the agent conducts property tours on the buyer's behalf. In Texas, this means that before a licensed REALTOR® shows you homes (beyond initial open houses), a written buyer representation agreement outlining the scope of services, duration, and compensation must be signed. This is a federal requirement applicable nationwide, not specific to Texas.

Explanation

The NAR settlement, which took effect in August 2024, changed how buyer-agent compensation is structured and disclosed. The key change for buyers is that a written buyer agreement must be in place before an agent shows them properties. This agreement specifies the agent's duties, the duration of the agreement, and how the agent will be compensated. In practice, this means that buyers who want an agent to schedule private showings and provide representation must sign a buyer agreement before the first showing. Open houses hosted by the listing agent remain accessible to unrepresented buyers.


How to Verify This Information

Follow these steps to confirm property-specific details for your situation:

  1. 1

    If you are working with a buyer's agent, ask to review the written buyer agreement before scheduling property tours.

  2. 2

    Understand the terms of the agreement, including duration, geographic scope, and compensation.

  3. 3

    Ask questions about any terms you do not understand before signing.

  4. 4

    Note that the agreement may be negotiable in terms of scope and compensation.

  5. 5

    Consult the Texas Real Estate Commission (TREC) or a licensed attorney if you have specific legal questions about the agreement.


Official Primary Sources

Last verified: August 2026. Market conditions and regulations change over time. Verify current information through the linked sources above.

General information disclaimer: The information on this page is general in nature and is provided for educational purposes only. It does not constitute legal, tax, lending, or investment advice. Market data, tax rates, school boundaries, and regulations change over time. Always verify current information through official primary sources and consult qualified professionals for decisions specific to your situation. School-district quality claims and neighborhood rankings are not made on this site.

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