What is a buyer representation agreement, and do I have to sign one?
Reviewed August 2026 by Shannon Miles Group
Since January 1, 2026, Texas law (TRELA Sections 1101.562-563) requires a written agreement between a buyer and a real estate agent before the agent shows a residential property or presents an offer if no showing occurred. The agreement must include the services to be provided, the duration of the agreement, whether the arrangement is exclusive, how compensation works, and whether the agent represents the buyer. A buyer representation agreement is not the same as the Information About Brokerage Services (IABS) form. The IABS form is a disclosure, not a contract.
What the 2026 law means for you.
A buyer representation agreement is a written contract between you and a real estate agent that establishes the terms of your working relationship. Before Senate Bill 1968 took effect on January 1, 2026, Texas agents could show homes to buyers without a signed agreement, as long as they provided the IABS disclosure. That is no longer the case for residential property transactions.
What the written agreement must include
Under current Texas law, the written agreement between a buyer and an agent must address:
- Services to be provided. The agreement must describe what the agent will do for you, such as searching for properties, scheduling showings, preparing offers, and guiding you through the transaction.
- Duration. The agreement must state how long it lasts. Typical buyer representation agreements run 30 to 90 days, but the length is negotiable.
- Exclusivity. The agreement must state whether it is an exclusive agreement (you work only with this agent) or non-exclusive (you may work with multiple agents or on your own).
- Compensation. The agreement must explain how the agent gets paid, how much, and by whom. Compensation is negotiable and not set by law or regulation.
- Representation status. The agreement must state whether the agent represents you as a client or is providing services on a non-representation basis.
When you must sign
The written agreement is required before the agent shows you any residential property (defined as one to four dwelling units). If you find a property on your own and want to make an offer but were never shown the property by the agent, the written agreement is still required before the offer is presented.
This is not the IABS form
The Information About Brokerage Services (IABS) form is a disclosure that explains brokerage relationships in Texas. You receive it at your first substantive contact with a real estate agent. It is not a contract. It does not obligate you to work with that agent. The buyer representation agreement is a separate, binding contract. Do not confuse the two.
Non-representation showing arrangements
Texas law also permits non-representation arrangements, where an agent provides access to properties without representing you. Under this type of agreement, the agent cannot advise you on price, terms, or strategy. The written agreement must clearly state that the agent is not representing you. This option is available but less commonly used by buyers who want full representation.
Can you still buy a home without signing a buyer representation agreement?
Yes, absolutely. You are never required by law to hire an agent. You can buy a home by working directly with the listing agent (who represents the seller) or by dealing directly with a seller in a for-sale-by-owner transaction. The written agreement requirement applies when you ask an agent to show you a property or present an offer on your behalf. It does not force you to use an agent.
Before you sign.
- Read before you sign. The agreement is a legally binding contract. Make sure you understand the duration, the services included, and the compensation terms before signing.
- Negotiate the terms. Duration, exclusivity, and compensation are all negotiable. If a 90-day agreement feels too long, ask for 30 days. If you want non-exclusive representation, ask for it.
- Ask about the IABS form. You should receive the IABS form at your first meeting. Keep it for your records. It explains the different types of agency relationships available in Texas.
- You can interview multiple agents. You are not required to sign with the first agent you meet. Interview two or three agents, ask about their experience, and choose the one who fits your needs.
- Understand what exclusive means. If you sign an exclusive agreement, you agree to work only with that agent during the contract period. If you buy a home on your own or with another agent, you may still owe compensation to your signed agent.
More answers you might find useful.
We can explain how representation works in plain language.
Stop by our office at 2322 Lamar Ave. in Paris or give us a call. We are happy to walk through the agreement and answer every question.