What is a Texas Buyer's Agreement and Do I Need One?

Published May 23, 2026 · Updated June 2, 2026 · ReKeyGenAI Editorial Team

Since August 2024, Texas REALTORS® must have a signed buyer representation agreement before showing homes. This guide explains what you're agreeing to, who pays the commission, and how to protect your interests.

What Changed in August 2024?

A landmark National Association of REALTORS® (NAR) settlement that took effect in August 2024 changed how buyer agent compensation works nationwide. The key change in Texas: REALTORS® must now have a written Buyer Representation Agreement in place before showing any property to a buyer. You cannot simply "try out" an agent informally anymore.

This was already the practice in Texas for years under TREC rules, but the NAR settlement reinforced it nationally and added requirements around compensation disclosure.

What is a Texas Buyer Representation Agreement?

A Buyer Representation Agreement (BRA) is a contract between you (the buyer) and a licensed Texas real estate agent establishing:

TREC provides a standard Buyer/Tenant Representation Agreement (TREC Form 41-2) that most Texas REALTORS® use. Agents may also use Texas REALTORS®-approved forms.

Who Pays the Buyer Agent Commission?

This is where the 2024 changes created the most confusion. Prior to August 2024, sellers routinely offered buyer agent compensation through the MLS as a blanket offer to all buyer agents. Post-settlement, each transaction negotiates buyer agent compensation separately.

In practice, most Texas sellers still offer to pay buyer agent compensation in their listing to attract the largest buyer pool. Your agent will show you what compensation, if any, the seller is offering before you make an offer. If the seller offers 3% and your agent's agreed fee is 3%, you pay nothing out of pocket for buyer representation.

If the seller offers less than your agent's agreed fee, you'd pay the difference at closing — or negotiate it as part of your offer terms.

Key Clauses to Review in a Texas BRA

  1. Term length: Ask for a shorter initial term (30–60 days) if you're not sure about the agent. Longer terms (6–12 months) are fine once you've established a working relationship.
  2. Geographic scope: Make sure the agreement covers only the areas where you're actually searching, not all of Texas.
  3. Fee amount: The agreement must specify the agent's compensation — typically a percentage of purchase price or a flat fee.
  4. Release clause: Confirm you can be released if the relationship isn't working out. Most professional agents will release you if both parties agree it's not a good fit.

Can I See Homes Without Signing a Buyer Agreement?

No — Texas REALTORS® are required to have a signed BRA before showing you any property. You can, however, visit open houses without an agent and without a BRA (though the listing agent at an open house represents the seller, not you).

If you're just starting your search and not ready to commit to an agent, attend open houses first. When you're ready to work with a professional buyer's agent, visit ReKeyGenAI's agent directory, read verified client reviews, and then reach out to schedule a consultation before signing anything.

Is a Buyer Agreement Good for Me?

Yes — when you sign a BRA with a qualified agent, you get:

The key is choosing the right agent. Browse verified TREC-licensed Texas REALTORS® on ReKeyGenAI — read reviews, verify TREC licenses, and contact agents directly before signing any agreement.

Find a licensed Texas REALTOR®: ReKeyGenAI Agent Directory · Licensed Texas Loan Officers · Dallas REALTORS® · More Texas Real Estate Guides