Which disclosure must a Texas real estate agent provide to all parties?
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Information About Brokerage Services (IABS)
Transfer Disclosure Statement
The Transfer Disclosure Statement is a California-specific requirement under California Civil Code Section 1102, not a Texas requirement, and applies only to sellers disclosing property condition — it is not a universal agency disclosure form.
Lead-Based Paint Disclosure
The Lead-Based Paint Disclosure is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. § 4852d) that applies only to housing built before 1978, not to all real estate transactions and not specifically as an agency disclosure.
Agency Confirmation Statement
The Agency Confirmation Statement is a California-specific form used to confirm the agency relationships already disclosed, not a Texas form, and it is not the initial disclosure document required in Texas.
Why is this correct?
The IABS form is correct because Texas Occupations Code Section 1101.558 and TREC rules mandate that all licensed agents provide the IABS notice to all parties at the first substantive communication, whether in person, by phone, or electronically. The form explains brokerage services, the types of agency relationships (buyer's agent, seller's agent, intermediary), and the agent's obligations under each. Failure to provide the IABS at the required time is a violation of TREC rules and can result in license disciplinary action.
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