TREC Consumer Protection Notice
Texas Real Estate Commission Information About Brokerage Services
Important Notice: Before working with a real estate professional, you should know that the duties of a real estate broker or agent to a client depend on whom the broker or agent represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that unless you enter into a written agreement with the broker or agent, the broker or agent is representing the other party.
Information About Brokerage Services
Texas law requires all real estate license holders to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords.
Types of Real Estate License Holders
- A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
- A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BY LAW
A broker must:
- Put the interests of the client above all others, including the broker's own interests;
- Inform the client of any material information about the property or transaction received by the broker;
- Answer the client's questions and present any offer to or from the client;
- Treat all parties to a real estate transaction honestly and fairly;
- Disclose to all parties that the broker is licensed to practice real estate in Texas.
A BROKER MAY REPRESENT
- THE SELLER/LANDLORD EXCLUSIVELY ("Seller's agent"): The broker becomes the seller/landlord's agent by entering into an agreement with the seller/landlord, usually through a written listing agreement, or by agreeing to act as the seller/landlord's agent. A seller's agent owes the seller/landlord the duties listed above.
- THE BUYER/TENANT EXCLUSIVELY ("Buyer's agent"): The broker becomes the buyer/tenant's agent by entering into an agreement to represent the buyer/tenant, usually through a written buyer representation agreement. A buyer's agent owes the buyer/tenant the duties listed above.
- BOTH THE BUYER/TENANT AND SELLER/LANDLORD ("Intermediary"): A broker may act as an intermediary between the parties if the broker complies with Texas Real Estate Commission rules. The broker must obtain the written consent of each party to the transaction to act as an intermediary.
Contact Information
Texas Real Estate Commission
P.O. Box 12188
Austin, Texas 78711-2188
Phone: (512) 936-3000
Website: www.trec.texas.gov
Note: This is a summary of the TREC Consumer Protection Notice. For the complete official notice, please download the PDF version using the button above.
