A license holder representing a party in a proposed real estate transaction must disclose that representation at first contact, and must give written notice in at least 10-point font at the first substantive communication, unless a stated exception applies.
Sec. 1101.558. REPRESENTATION DISCLOSURE. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016. (b) A license holder who represents a party in a proposed real estate transaction shall disclose, orally or in writing, that representation at the time of the license holder's first contact with: (1) another party to the transaction; or (2) another license holder who represents another party to the transaction. (b-1) At the time of a license holder's first substantive communication with a party relating to a proposed transaction regarding specific real property, the license holder shall provide to the party written notice in at least a 10-point font that: (1) describes the ways in which a broker can represent a party to a real estate transaction, including as an intermediary; (2) describes the basic duties and obligations a broker has to a party to a real estate transaction that the broker represents; (3) describes the basic obligations a broker has to a party to a real estate transaction that the broker does not represent; and (4) provides the name, license number, and contact information for the license holder and the license holder's supervisor and broker, if applicable. (b-2) The commission by rule shall prescribe the text of the notice required under Subsections (b-1)(1) and (2) and establish the methods by which a license holder shall provide the notice. (c) A license holder is not required to provide the notice required by Subsection (b-1) if: (1) the proposed transaction is for a residential lease for less than one year and a sale is not being considered; (2) the license holder meets with a party who the license holder knows is represented by another license holder; or (3) the communication occurs at a property that is held open for any prospective buyer or tenant and the communication concerns that property. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016. (e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1158 , Sec. 92, eff. January 1, 2016. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 15, Sec. 7, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 58, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 92, eff. January 1, 2016. Acts 2025, 89th Leg., R.S., Ch. 1172 (S.B. 1968), Sec. 9, eff. January 1, 2026.