What Is a Texas Written Buyer Representation Agreement, and What Does It Contain?

What Is a Texas Written Buyer Representation Agreement, and What Does It Contain?

If you’re getting ready to buy a home in Texas, one of the first things your agent will ask you to sign is a written buyer representation agreement. Since January 1, 2026, Texas law has required one before an agent can show you homes or work on your behalf. Here’s what the agreement is, why it’s required, what it has to include, and what to look for before you sign.

What Is a Buyer Representation Agreement?

A buyer representation agreement is a written contract between you and a real estate brokerage. It sets the terms of your working relationship. It explains what your agent will do for you, how long the agreement lasts, whether you’re working exclusively with that brokerage, and how your agent will be paid.

Think of it like a listing agreement, but for buyers. It turns the relationship into a clear, written commitment, so both you and your agent know what to expect from day one.

Why Texas Now Requires a Written Agreement

The requirement comes from Senate Bill 1968, which took effect January 1, 2026. It added a new section to the Texas Occupations Code. Under that section, an agent working with a residential buyer must have a written agreement in place before showing a home. If no home is shown, the agreement has to be signed before the agent presents an offer.

The law applies to residential property: single-family homes, duplexes, triplexes, fourplexes, and condo units.

Before 2026, many agents began showing homes, giving advice, and preparing offers without anything in writing. SB 1968 ended that practice. The goal is greater transparency, so buyers clearly understand who represents them and how their agent is paid before any work begins.

The rule has real consequences for agents. Failing to have the required written agreement can lead to discipline by the Texas Real Estate Commission (TREC), including suspension or revocation of the agent’s license.

Is There a Standard TREC Form?

TREC sets the rules for what a buyer agreement must contain, but it doesn’t publish a standard buyer representation form the way it does for purchase contracts. Most Texas agents use buyer representation forms from Texas REALTORS®, which meet the new requirements. Some brokerages use their own versions.

What Must a Texas Buyer Representation Agreement Contain?

Under the updated rules, every written buyer agreement must include:

1. The services the agent will provide. For example, searching for homes, scheduling showings, preparing and negotiating offers, and coordinating the transaction through closing.
2. The termination date. The agreement must state exactly when it ends.
3. Whether the agreement is exclusive or non-exclusive. In an exclusive agreement, you work only with that brokerage during the term. In a non-exclusive one, you can work with others.
4. Whether the agent represents you. The agreement must say whether the agent is acting as your buyer’s agent or is only showing you property without representing you.
5. The amount or rate of the broker’s compensation, and how it’s calculated. It can be a percentage, a flat fee, or another structure, but it has to be spelled out specifically.
6. Conspicuous language that compensation is not set by law and is fully negotiable. You’ll see this stated prominently in the agreement.

Other Terms You’ll Typically See

Most buyer representation agreements also cover:

• The market area. This is the geographic area the agreement covers, such as Fort Bend County.
• Who pays the broker. It usually explains how compensation may be paid by the seller, the listing broker, or you, and what happens if the seller won’t contribute.
• Your duties as a buyer. For example, working through your agent for homes in the market area and sharing information that affects your ability to buy.
• The broker’s duties. Your agent agrees to represent your interests, keep your information confidential, and follow Texas law.
• Intermediary consent. If you want a home listed by your agent’s brokerage, this explains how the brokerage can work with both parties as an intermediary.
• A protection period. This explains whether you’d owe compensation if you buy a home your agent introduced you to shortly after the agreement ends.
• How to cancel or resolve disputes.

Showing-Only Agreement vs. Full Representation

Texas now allows two types of written buyer agreements.

Full buyer representation agreement. Your agent represents you. That means giving advice, helping you decide what to offer, negotiating for you, and guiding you through closing. These agreements are often exclusive and last for a longer search period.

Showing-only agreement. This is a limited agreement where an agent simply shows you a home without representing you. It can’t be exclusive, and it can’t last more than 14 days. If you then want the agent to give advice, write an offer, or negotiate, you’ll need to sign a separate representation agreement.

Open houses count too. An agent hosting an open house for a home their brokerage didn’t list must have a written agreement with anyone who views the property. This can be as simple as a non-exclusive showing agreement you sign when you walk in.

How Is a Buyer’s Agent Paid in Texas?

Your agreement spells out how much your agent will be paid. Compensation is negotiable. In many deals, buyers ask the seller to pay some or all of their agent’s compensation as part of the offer, and the purchase contract can include that request. If the seller pays less than the amount in your agreement, the agreement explains who covers the difference. Read this section carefully and ask questions before you sign.

What to Ask Before You Sign

• How long does the agreement last? You can negotiate a shorter term if you’d like.
• Is it exclusive? And what does that mean if you want to look at homes with someone else?
• How much is the compensation, and who pays it? Ask how it works if the seller won’t contribute.
• What services will you provide? Make sure they match what you need.
• Can I end the agreement early? And what happens if I do?
• Is there a protection period after it ends?

A good agent will gladly walk you through every section.

Frequently Asked Questions

Do I have to sign a buyer agreement before seeing a house in Texas?
Yes. Since January 1, 2026, Texas law requires a written agreement before an agent shows you residential property. It can be a full representation agreement or a short-term showing-only agreement.

Is the buyer representation agreement a TREC form?
TREC sets the requirements, but it doesn’t publish a standard buyer representation form. Most agents use Texas REALTORS® forms, which meet the requirements.

Is buyer’s agent compensation set by law?
No. Compensation isn’t set by law and is fully negotiable, and every agreement must say so.

How long does a showing-only agreement last?
A showing-only agreement can’t be exclusive and can’t last longer than 14 days.

Do I need a buyer agreement to attend an open house?
If the host agent’s brokerage didn’t list the home, the agent must have a written agreement with you. This is usually a simple non-exclusive showing agreement you sign at the door.

Do I need a buyer agreement for new construction?
If an agent is showing you homes or representing you, yes. Builders’ sales staff work for the builder. Learn more in our post on [the value of having a real estate agent represent you].

Start Your Home Search With Clear Expectations

A written buyer representation agreement makes the relationship between you and your agent clear and fair from the start. The Cathy Stubbs Team at Keller Williams walks buyers through every line of the agreement before they sign, so you know exactly what we’ll do for you and how it all works. We represent buyers throughout Sugar Land, Richmond, Rosenberg, and Greater Houston, whether you’re buying resale, building new, investing, or relocating.

Ready to talk? Call us at 281-967-6149 or visit our office at 307 Ulrich St., Sugar Land, TX 77478.

This article is for general informational purposes and isn’t legal advice. For questions about a specific agreement, consult a licensed Texas real estate attorney.