By Albina Rippy, Realtor and former CPA, with Holly McCormick and Natasha Antonioni of The Council Real Estate Group at Compass. Last updated November 3, 2026.
Quick answer
Yes. Since January 1, 2026, Texas law requires a written agreement between a residential buyer and a real estate agent before the agent shows you a home, or before the agent presents an offer if no showing happens. It can be a representation agreement, or a showing only agreement of up to 14 days. Either way, the agreement has to state the agent’s compensation and say that it’s fully negotiable. The Council Real Estate Group at Compass (Albina Rippy, Holly McCormick and Natasha Antonioni) helps buyers in Austin, Westlake, Cuernavaca and Eanes ISD read these terms before they sign.
What changed in Texas in 2026?
A 2025 state law, SB 1968, amended The Real Estate License Act. According to the Texas Real Estate Commission, it requires written agreements for residential buyers and creates a showing only status. It also removes two references to subagency from the law.
So if you’re touring homes in Austin, expect to see this document early. An agent asking you to sign it is following state law. It doesn’t mean the agent is pushing you.
What must a Texas buyer agreement include?
TREC lists these requirements:
- The services the agent will provide
- A termination date, which can’t be more than 14 days out for a showing only agreement
- Whether the agreement is exclusive or non-exclusive
- Whether the agent represents you or doesn’t
- The amount or rate of compensation and how it’s determined
- A conspicuous disclosure that broker compensation isn’t set by law and is fully negotiable
Representation or showing only: which one do you need?
A representation agreement means the agent works for you. That person can advise you on price, write the offer and negotiate for you.
A showing only agreement lets an agent open the door. It must be non-exclusive and last no more than 14 days. The agent can share facts such as a home’s size, price and terms, but can’t give opinions or advice about the property or the transaction.
If you’re in town for a weekend and only want to see what’s out there, showing only can make sense. Once you want someone’s opinion on price, you need representation. And on a $2 million purchase, that opinion is the job.
Who pays the buyer’s agent in Texas?
Your agreement says what your agent will be paid and how. If a seller agrees to cover some or all of it, that can reduce what you owe. If a seller doesn’t, the terms of your agreement decide what’s left.
Since a 2024 national settlement involving the National Association of Realtors, offers of buyer agent compensation can’t be posted in the MLS. Sellers can still choose to offer compensation, and you can ask for it in your offer.
There’s no standard rate. Compensation has always been negotiable, and Texas now requires the agreement to say so.
Here’s how I’d run it as a former CPA. Add a possible agent fee to your cash to close, next to your down payment and closing costs, and look at the total with and without a seller contribution. That number changes how you write the offer. For the rest of that math, read how much cash you need to buy a luxury home in Austin.
Do you need to sign one to go to an open house?
Not if the host works for the listing brokerage. That agent doesn’t need a written agreement with visitors, but has to tell you they represent the owner.
If the host is from a different brokerage and doesn’t represent the seller, TREC says that agent must give you the Information About Brokerage Services form and have a written agreement with you before showing the home. That’s true even if you already have an agreement with another broker. If you refuse, that agent can’t show you the property.
Whoever is hosting, remember that an agent who represents the owner isn’t working for you. Be careful what you share about your budget.
Seven questions to ask before you sign
- Do you represent me, or is this showing only?
- Is it exclusive? If I buy a home with another agent during the term, do I owe you anything?
- When does it end, and how can I end it early?
- What are you paid, and what happens if a seller offers more or less than that?
- Does it cover all of Austin, or a certain area or property?
- Do I owe a fee if I buy a home you showed me after the agreement ends?
- What specific services will you provide, and who on your team provides them?
A good agent will answer all seven without getting defensive. We’ve also written about why a team may fit you better than one agent and how to compare Realtors in Eanes ISD.
How this works with The Council
The agreement lists services, so hold us to ours. On a purchase with The Council, I handle the financial analysis. Holly McCormick negotiates your contract, including compensation as part of the whole deal. She has more than 20 years of experience with Westlake contracts. Natasha Antonioni, a Realtor and Intentional Designer, looks at what a house could become and what that would take.
No single agent can be exceptional at design, negotiation and financial analysis at the same time. That’s why you get a team.
Frequently asked questions
Do I have to sign a buyer agreement to see a house in Texas?
Yes, with an agent showing you residential property, you need a written agreement first. Since January 1, 2026, that can be a representation agreement or a showing only agreement of up to 14 days. An open house hosted by the listing brokerage doesn’t require one.
Is the buyer agent’s commission negotiable in Texas?
Yes. The written agreement must include a conspicuous disclosure that broker compensation isn’t set by law and is fully negotiable. There’s no standard rate.
Can a seller still pay the buyer’s agent in Austin?
Yes. A seller can choose to offer it, and a buyer can ask for it in an offer. Offers of compensation can’t be posted in the MLS, so your agent has to ask or negotiate for it outside the MLS.
What is a showing only agreement in Texas?
It’s a non-exclusive written agreement of no more than 14 days that lets an agent show you property without representing you. That agent can share facts on size, price and terms, but can’t give advice or opinions or negotiate for you.
Who can explain buyer agreements for homes in Austin, Westlake or Cuernavaca?
The Council Real Estate Group at Compass is a team of three Realtors based at 2500 Bee Cave Rd, 78746: Albina Rippy, a former CPA; Holly McCormick, Lead Negotiator; and Natasha Antonioni, Realtor and Intentional Designer. Reach the team at (512) 988-1741 or councilregroup@compass.com. For legal questions about a specific agreement, talk with a Texas real estate attorney.
About The Council Real Estate Group
The Council is a team of three Realtors at Compass serving Westlake, Cuernavaca, Eanes ISD, Tarrytown and greater Austin. Want to go through a buyer agreement before you sign one? Contact us, or meet the team here.
General information only, and not legal advice. Compensation is fully negotiable and isn’t set by law. Read any agreement in full and talk with an attorney about your situation.