Do You Need a Buyer Agreement to See Homes in Texas?

by Rise Realty

Yes. Beginning January 1, 2026, a Texas license holder must have a written agreement with you before showing a house, condo, duplex, triplex, fourplex, or condo/co-op unit — or, if no showing will happen, before presenting an offer on your behalf. The form can be a short, non-exclusive showing-only agreement or a full buyer-representation agreement. The Information About Brokerage Services (IABS) notice is not a substitute for that agreement.

That rule is state law, not a brokerage policy. It comes from Texas Occupations Code §1101.563, as explained by the Texas Real Estate Commission. It applies the same way if you are touring a resale in Plano, a spec home in Celina, or an open house in Fort Worth — with a few important exceptions below.

Do I need a written agreement to see a house in Texas?

If a licensed sales agent or broker is going to show you residential real property, yes. The agreement must be in place before the first showing. “Residential real property” in this statute means a single-family house; a duplex, triplex, or quadraplex; or a condo or cooperative unit.

The requirement does not apply to:

Residential or commercial tenants looking at a lease
Commercial purchasers
Raw land that is not one of the residential property types listed above

You are not promising to buy a house when you sign. You are documenting what the license holder is allowed to do, whether they represent you, how long the arrangement lasts, and how compensation would be handled if a transaction follows. Compensation is not set by TREC, NAR, or any MLS. Texas law requires the agreement to say, in conspicuous language, that broker compensation is not set by law and is fully negotiable.

What is the difference between a showing-only agreement and buyer representation?

Texas law allows two written paths. They are not interchangeable, and the one you sign changes what the agent may say once you are inside the house.

Showing-only, non-representation agreement

This is the short form used when the license holder is only opening the door. TREC’s 2026 guidance says a non-representation agreement must be non-exclusive and must end in no more than 14 days. Under Occupations Code §1101.562, the license holder may not give opinions or advice about the property or the transaction and may not perform other brokerage acts for you. If you later want that same agent to write an offer, negotiate repairs, or advise you on price, Texas law requires a separate representation agreement.

Texas REALTORS® members often use TXR 1508 (Unrepresented Customer Showing Form) for this path. Brokerages that are not association members use their own compliant form covering the same statutory points.

Buyer representation agreement

This is the agreement that makes the broker your agent. The broker then owes you the minimum duties Texas law already requires of a client relationship, including loyalty on the items the agreement covers. Representation can be exclusive or non-exclusive, and the term is negotiated — it is not capped at 14 days. Members commonly use TXR 1501 (long form) or TXR 1507 (short form). Non-members use a brokerage form that still hits every item in §1101.563(c).

A representation agreement can limit services (for example, showings only in Collin County for 30 days). It cannot waive the minimum duties a Texas client is owed.

What must every Texas buyer agreement include?

Section 1101.563(c) is specific. Whether the paper is two pages or six, it has to state:

The services the license holder will provide
The termination date
Whether the agreement is exclusive or non-exclusive
Whether the license holder represents you as your agent — or, for a showing-only arrangement, that the license holder does not represent you
The amount or rate of compensation the broker will receive and how that amount is determined
A conspicuous disclosure that broker compensation is not set by law and is fully negotiable

A blank “to be determined” compensation line does not meet the statute. The number, percentage, or calculation method has to be on the page before the showing starts. That amount is still negotiable. In a North Texas purchase it is often paid by the seller as a concession or as part of the listing-side offer of compensation, but nothing in Texas law locks a rate.

Is the IABS the same thing as the buyer agreement?

No. The Information About Brokerage Services notice (TREC IABS 1-2, required as of January 1, 2026) is a disclosure. It explains the types of license holders, the broker’s minimum duties, when a written agreement is required, and when a license holder may show a property without representing you. You should receive it at the first substantive communication about a specific property. It does not appoint an agent and it does not satisfy §1101.563.

Think of the IABS as the map and the written agreement as the contract. DFW buyers often see both on the same afternoon: IABS in an email or at the kitchen island, then a showing-only form or a representation agreement before the first lockbox.

Does this apply at open houses and new construction in DFW?

It depends on who is standing in the doorway.

Open house hosted by the listing brokerage. TREC’s 2026 article says the host who already represents the owner does not need a buyer written agreement merely to walk you through that brokerage’s own listing. The host must still disclose that they represent the owner, orally or in writing.

Open house hosted by an agent who is not with the listing brokerage. That host generally must give you the IABS and enter a written agreement before you start viewing, even if you already have a representation agreement with another broker. If you decline to sign, that host cannot show the property.

New construction in Collin, Denton, Ellis, Kaufman, and similar growth counties. A builder’s on-site representative who is the listing agent for that spec or inventory home is on the seller side. An independent buyer’s agent who takes you through a model, a spec, or a resale still needs a written agreement with you first. That is the usual setup when a Rise Realty Texas agent tours you through a Celina, Prosper, Melissa, Forney, or Midlothian community.

The same statute covers Dallas, Tarrant, Collin, Denton, and the North Texas fringe — including Grayson County cities such as Sherman, Denison, and Van Alstyne. The form does not change at the county line.

How should a DFW buyer choose which agreement to sign?

Match the paper to the work you actually want done.

You want one Saturday of look-sees and no advice. A non-exclusive showing-only agreement that expires in 14 days or less is the statutory fit. Do not expect pricing opinions, inspection strategy, or an offer drafted under that form.
You are shopping in earnest across Collin, Denton, or Tarrant County and want someone negotiating for you. Sign a representation agreement that names the market area, the term, the services, and the compensation method. Read the exclusive-versus-non-exclusive box before you initial it.
You already have a buyer’s agent. Say so before anyone opens a lockbox. A second representation agreement can conflict with the first. A showing-only form with a different license holder is sometimes used at an open house; it still should not quietly convert into representation.
You are relocating into DFW and interviewing agents. Interview first. Sign representation with the broker you intend to use for offers, not with the first person who can get a code from the listing office.

Compensation, exclusivity, and the termination date are the three lines that create the most confusion. Ask the agent to walk those lines out loud before you sign. If the services listed are “show property only,” treat opinions about value, repairs, or offer terms as out of bounds until you upgrade to representation.

What happens after you pick an agent in North Texas?

Once representation is in place, the rest of a Texas purchase follows the TREC 1–4 Family Residential Contract and its addenda — including the option period that Texas buyers use instead of a California-style contingency package. That is a separate conversation from the showing rule, but it is the reason most serious DFW buyers move from a 14-day showing form to a representation agreement before they write.

Browse current inventory while you decide who should represent you. Rise Realty Texas maintains live MLS search and community pages for North Texas, including Sherman market stats, area guides such as Azle, and the main North Texas listing search. When you want to talk through representation with the Broker of Record, use Kelly Bishop’s site or her Rise Realty Texas profile.

Financing is a separate license. Rise Realty Texas does not originate mortgages. If the next step after you choose an agent is pre-approval, Tried & True Home Loans (NMLS 2034819) is the affiliated mortgage brand licensed in Texas. Ask a lender for current numbers; this article does not quote rates, payments, or down-payment figures.

Frequently asked questions

Can I refuse to sign and still tour the house?

Not with that license holder, if a written agreement is required for the showing. TREC’s 2026 guidance is direct: if the buyer will not sign, the agent cannot show the property. You can walk through a listing brokerage’s own open house without a buyer agreement because that host already represents the owner.

Does a text or email count as the written agreement?

The statute requires a written agreement that contains the six items in §1101.563(c). A casual “see you at 2” text does not. E-sign is fine if the document itself includes services, end date, exclusivity, representation status, compensation, and the negotiability disclosure.

Do I need a new agreement for every house in McKinney or Frisco?

Not if you already have a representation agreement that covers that market area and is still in term. A showing-only form is limited to 14 days and to showing only. If it expires, you sign again before the next tour with that unrepresented relationship.

Who pays the buyer’s broker in Texas?

The agreement must state the amount or rate and how it is determined. In practice, DFW sellers often contribute toward that fee as part of the negotiated deal. Texas law does not set the number, and the MLS does not set it either. It is negotiable among the parties.

Does this rule apply if I only want to see new construction?

If your agent is performing brokerage for you as a residential buyer — including walking a spec or model with you as your representative — yes. The builder’s listing agent is on a different side of the transaction and is not using your buyer agreement to host their own inventory.

I am also selling my current DFW home. Does that change the buyer form?

You will have a separate listing agreement on the home you are selling. The buyer written-agreement rule still applies to the home you want to purchase. Buying-while-selling is a contract and timing issue, not an exception to §1101.563.

Talk through the form before the first lockbox

A Rise Realty Texas agent can explain which agreement fits the tour you have planned and put the statutory terms in plain language before you spend a Saturday in Collin or Tarrant County. Call 888-774-7315, start on riserealtytexas.com, or contact Broker of Record Kelly Bishop at kellysellstx.com.

If you need a loan estimate after you have an agent, contact Tried & True Home Loans at 866-344-8845 or triedandtruehomeloans.com. Equal Housing Opportunity.

This article is general information about Texas brokerage law as of September 11, 2026. It is not legal, tax, or lending advice and it is not a representation agreement. Confirm current TREC forms, Occupations Code text, and your own paperwork with a Texas-licensed broker or real estate attorney. Loan program details change; confirm figures with a licensed mortgage professional and NMLS Consumer Access. Rise Realty Texas LLC, TREC #9016637. Tried & True Home Loans, NMLS 2034819. Rise Realty Texas does not originate mortgages and does not manage property or collect rent.