A Texas real estate agent must disclose to all parties:
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The seller's minimum acceptable price
Disclosing the seller's minimum acceptable price would be a serious breach of fiduciary duty to the seller, as it would destroy the seller's negotiating position and violate the agent's duty of confidentiality.
Material facts about the property
The buyer's maximum budget
The buyer's maximum budget is confidential information shared with the buyer's agent and is protected under the duty of confidentiality; revealing it to the seller would undermine the buyer's negotiating leverage and breach fiduciary duty.
Other offers received
While Texas law does not generally require disclosure of other offers in detail, revealing specific offer terms or identities of other buyers could breach confidentiality obligations; the existence of multiple offers may be disclosed in some contexts, but this is not a universal duty owed to all parties.
Why is this correct?
Material facts about the property — such as foundation problems, roof leaks, or known environmental contamination — must be disclosed to all parties because concealment could cause financial harm or safety risks. Under Texas law and TREC's Standards of Practice, agents have an affirmative duty to disclose known material facts regardless of which party they represent. This duty protects buyers from unknowingly purchasing defective properties and protects agents and sellers from future liability.
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