Information About Brokerage Services

Document Date: 01-10-2026

Texas law requires all real estate license holders to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords.

Types of Real Estate License Holders

Broker

Responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.

Sales Agent

Must be sponsored by a broker and works with clients on behalf of the broker.

A Broker's Minimum Duties Required by Law

(A client is the person or party that the broker represents)

  • Put the interests of the client above all others, including the broker's own interests
  • Inform the client of any material information about the property or transaction received by the broker
  • Answer the client's questions and present any offer to or counter-offer from the client
  • Treat all parties to a real estate transaction honestly and fairly

Written Agreements Required in Certain Situations

A license holder who performs brokerage activity for a prospective buyer of residential property must enter into a written agreement with the buyer before showing any residential property to the buyer or if no residential property will be shown, before presenting an offer on behalf of the buyer. This written agreement must contain specific information required by Texas law.

Even if a written agreement is not required, to avoid disputes, all agreements between you and a broker should be in writing and clearly establish:

  • The broker's duties and responsibilities to you and your obligations under the agreement
  • The amount or rate of compensation the broker will receive and how this amount is determined

Types of Representation

As Agent for Owner (Seller/Landlord)

The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent by the buyer or buyer's agent. An owner's agent fees are not set by law and are fully negotiable.

As Agent for Buyer/Tenant

The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. A buyer/tenant's agent fees are not set by law and are fully negotiable.

As Agent for Both - Intermediary

To act as an intermediary between the parties, the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and set forth the broker's obligations as an intermediary.

A broker who acts as an intermediary:

  • Must treat all parties to the transaction impartially and fairly
  • May, with the parties' written consent, appoint a different license holder associated with the broker to each party
  • Must not, unless specifically authorized in writing, disclose certain confidential information

Showing Property Without Representing a Buyer/Tenant

A license holder can show property to a buyer/tenant without representing them if:

  • The broker has not agreed to represent the buyer/tenant
  • The broker is not otherwise acting as the buyer/tenant's agent at the time of showing
  • The broker does not provide opinions or advice regarding the property or transactions
  • The broker does not perform any other act of real estate brokerage for the buyer/tenant

Smart Link Realty Contact Information

Sponsoring Broker

Smart Link Realty

Address

308 Comal Run, Hutto, TX 78634

Contact

Phone: (737) 757-0009

Email: smartlinkrealtybroker@gmail.com

This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services.

Regulated by the Texas Real Estate Commission. Information available at www.trec.texas.gov