Texas Real Estate Law

Agency Relationships

Every agent must present the 'Information About Brokerage Services' form at first substantive contact.
Texas allows 'intermediary' practice: one broker can represent both buyer and seller with written consent, appointing different agents to each party.
A sub-agent of the seller owes the seller fiduciary duties but must still be honest with the buyer.

Sellers complete the state-mandated Seller's Disclosure Notice (Texas Property Code §5.008).
Coastal properties near the Gulf require disclosure of windstorm insurance availability and the Open Beaches Act.
Properties in a Municipal Utility District (MUD) or PID require specific notices before closing.

Texas uses state-promulgated contract forms that licensees are required to use in most residential transactions.
The standard contract includes an 'option period' — a short paid window during which the buyer can cancel for any reason.
Attorney involvement is optional; closings are handled by title companies.

Closings are handled by title companies. Texas does not require an attorney.
Local custom: the seller almost always pays for the owner's title policy in Texas, which is state-regulated and identical across companies.
Texas has no state real estate transfer tax — only nominal recording fees.
Texas has no state income tax, but property taxes are among the highest in the country and are billed in arrears, so prorations at closing matter.
Texas's homestead exemption is one of the strongest in the US — apply with the county appraisal district as soon as you close on your primary residence.

Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.

Security deposits are regulated; landlords must return them within a set number of days after move-out.
Evictions require proper written notice and, in most cases, a court order.
Retaliation against tenants who exercise legal rights is prohibited.

Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.