Texas Laws on Brokerage Services & Dual Agency

Does My Real Estate Agent Represent Me or the Seller?

When I bought my first house in the mid 1990s, Texas was kind of a “Buyer Beware” state. In fact, a home Buyer could spend weeks looking for a home with a real estate agent, telling her secret information (like how much you were willing to pay for a house), not knowing that everything you told that real estate agent would be told to the Seller because the real estate agent was actually representing the Sellernot you (the Buyer)!

Here’s what you need to know…

Unless you have a written agreement with a real estate agent, all Texas agents are always representing the Sellertypically known as the “subagent.” That is how agency works in Texas. This can be confusing for home Buyers, so the Texas Real Estate Commission wants you to know about brokerage services, who represents whom, and intermediary agency, BEFORE you start working with an agent...not only is it the law, it’s also for your protection! (Read TREC’s Information About Brokerage Services.)

NOTE
Finding out “your agent” is actually representing the Seller after you’ve found the house you want to buy is NOT a good thing! If an agent doesn’t give you the Information About Brokerage Services form UP FRONT (before showing you houses), then you are dealing with someone who is unprofessional and not following the law.

 

Another fact that you need to know is that Texas is a dual-agency state…meaning that a real estate broker (such as Keller Williams Southwest) can represent both the Buyer (you) and the Seller (them) in a the same transaction. This is called “intermediary agency.” These visual aids will help you to understand…

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In this case, you are represented by Keller Williams Southwest (KWSW) while buying a house listed by another broker, such as a RE/MAX or a Coldwell Banker. This is not an intermediary agency since KWSW is only representing you.


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In this case, KWSW is representing both you and the Seller…because the house that you are buying is listed with KWSW but with a different agent.  However, you have an appointed agent (Sheila Cox) and the Seller has an appointed agent (Unknown) and both agents have to maintain their duty of confidentiality. So I am not allowed to share your private information with the other agent. This situation may occur frequently with large brokerages who have lots of listings, such as KWSW.


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This situation may only occur if both the Seller and the Buyer agree to it in writing. In this situation, you are buying a house that I have listed for one of my other clients. I would be representing both you and the Seller, so my fiduciary responsibilities would be limited. Frankly, I don’t work these types of deals. If you wanted to buy one of my listings, then I would step back and find another real estate agent to be your appointed agent…so you would still have full representation.

Now you need to understand two more important things:

Who Pays Real Estate Commissions in Texas?

How To Get Dedicated Buyer Representation in Texas?


REALTORS DON’T “JUST” SELL HOUSES

Real estate agents don’t “just” sell houses; we sell a SERVICE to guide home buyers and sellers through the entire real estate transaction, which usually takes several months. We are more like real estate consultants than we are salespeople. That’s probably why 86 percent of all home buyers and sellers choose to hire a real estate agent when buying or selling a home!

Buying or selling a home is not like buying or selling a TV, a computer, or a car. You can’t buy/sell a home in one day…even if the buyer is paying cash. There are MANY legal aspects, deadlines, and requirements that most people are not trained to handle. What’s more…mistakes along the way can cost you thousands and even hundreds of thousands of dollars. The financial risk is much greater than just about anything else you may buy.

That’s why you need your own dedicated, experienced real estate agent
looking out for YOUR best interests.

Please read the list of my value-added services for home buyers


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Why You Should Hire Me

sheila cox five star realtor5Candid Advice—I promise to give you candid advice on all homes and areas so you can make the best decisions. I won’t ignore potential defects that can cost you money, or effect your resale value, in the future…I point them out to you! My job is to protect you from defective homes as much as possible while helping you make a sound financial investment. (Read client testimonials)

Local Area Expertise—This isn’t just my business…it’s where I work and live (for 20 years) so I really know the area. I will help you narrow your options and find the best neighborhood for you based on your specifications. For long-term resale value, the neighborhood you choose is just as important as the home you buy. (Download my Ultimate Katy Guide)

Great Pricing Data—I will give you the most in-depth data you have ever seen…to help you make the wisest decisions. This includes a professional CMA when you are ready to purchase a specific home…so you don’t pay too much. (Also see Pricing a Home Correctly)

Premium Customized Home Searches—Yes, you can search on your own, but no other home search available can filter down to the school level…and filter out the subdivisions that may be known to flood. Tell me exactly what you want, and I can narrow down your options better than any search you have access to. (Request a Premium Customized Home Search)

Video Walkthroughs—If you or your spouse lives out of the state or country, then you will enjoy my detailed video walkthroughs. I have sold multiple homes to out-of-area clients “sight unseen” by providing High Definition video walkthroughs of potential homes. My videos show front and back yards, closets, pantries, laundry rooms, and the garage…as well as the entire home. This gives you a complete picture of the house (unlike those silly Matterports). I also point out any potential defects or deferred maintenance that I see. (view sample video walkthrough)

Easier Process—Moving your family (and possibly changing jobs) is stressful enough. I’m your transaction manager and will guide you, step-by-step, through the process so you never miss an important deadline. I assist with inspections, repair negotiations, home warranties, HOA compliance inspections, hazard insurance, surveys, appraisals, title commitment, home warranties, title company, and more. (Get Details of My Value-Added Services)

 

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