Broker Hayes lists a commercial property. Sales agent Perry from another firm shows it to a potential buyer without a written buyer representation agreement. Under Texas law as amended by SB 1968 (effective January 1, 2026), which statement best describes Perry's status?
Correct Answer
B) Perry does not represent the buyer; representation must be affirmatively established in writing under Texas Occupations Code §1101.558/§1101.652, and subagency is no longer a default.
After SB 1968 (effective Jan. 1, 2026), Texas no longer recognizes default subagency, and a license holder does not represent a prospective buyer until representation is affirmatively established in writing. Showing a property alone does not create an agency relationship.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.
More Texas Agency Law Questions
A Texas license holder represents a landlord and is leasing commercial office space. The license holder shows the space to a prospective tenant from a large corporation. The corporate tenant has its own tenant representation broker. Must the landlord's license holder provide the IABS to the tenant?
A Texas license holder provides the IABS form to a buyer at their first meeting. Two weeks later, the buyer contacts the license holder about a different property. Must the license holder provide the IABS again?
A married couple visits an open house together. Sales agent Foster provides the IABS to the wife but not the husband. If both spouses are interested in purchasing the property, has Foster satisfied the IABS requirement?
Agent Parker provides the IABS to Buyer Harris at the first showing. Later, Harris signs a buyer representation agreement with a completely different brokerage firm. When Harris contacts Parker about another property, Parker's firm still has a listing on, must Parker provide the IABS again?
In Texas, a sales agent who is assigned by the intermediary broker to communicate with and carry out instructions of one party in a transaction is known as a(n):
- → Which Texas law governs the licensing and regulation of real estate brokers and sales agents, including agency relationships?
- → A Texas license holder receives earnest money from a buyer. Under Texas law, the license holder must:
- → Under Texas law, which of the following BEST describes the relationship between a sales agent and their sponsoring broker?
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- → A Texas license holder is working at a property management company and negotiates a lease for a tenant. Must the license holder provide the IABS form to the prospective tenant?
- → Under TREC rules, the IABS form must be provided by whom?
- → Broker Martinez instructs all of her sales agents to include the IABS form as a standard attachment in every email communication. This practice is:
- → A Texas license holder posts a property listing on social media. A consumer comments on the post asking about the property's price. The license holder responds with the price and additional details. Was the IABS required?
- → In Texas, commingling occurs when a license holder:
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