Texas Real Estate Agent Listing Agreement

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The Texas listing agreement is a legal document which is executed by a property owner and a real estate broker wherein the broker is given the authority to sell or lease the owner’s property for a commission. The agreement form must describe the property and its location, the listing price, the broker and seller’s duties, the broker’s compensation, and the expiration date. A seller and a broker will most often enter into an exclusive listing agreement, which gives the broker the exclusive authority to sell the property on behalf of the owner. Alternatively, the broker may agree to an open listing agreement (also known as a “non-exclusive” agreement), which allows the owner to hire multiple real estate agents for the sale of the property, only paying commission to the successful broker.

Agency Disclosure Form (§ 1101.558) – Disclosure of an agent’s duties must be presented to a seller upon first (1st) contact.

Dual Agency (§ 1101.559 & § 1101.561) – Illegal in Texas, but an agent may act as an intermediary with written notice by each party.

Property Disclosure Statement (§ 5.008) – Sellers are required to provide to a potential buyer a disclosure statement that describes the property’s current condition and its utilities. Similarly, if the agent is made aware of any material defects it must be conveyed to the buyer (§ 5.080)

Search a Licensee – Find a real estate broker using the Texas Real Estate Commission online License Holder Search function.

Realtor Version

Texas Realtor Exclusive Right to Sell Listing Agreement (Revised 2003)Adobe PDF