Texas SB 1968: New Buyer Representation and Non-Representation Rules for 2026

What Changed and Why

Texas Senate Bill 1968, passed during the 89th Texas Legislative Session, amended the Texas Real Estate License Act (TRELA) effective January 1, 2026. It's the most significant change to how Texas agents work with buyers in years — bringing written-agreement requirements that many other states adopted after the 2024 NAR settlement, but implemented through Texas's own statute rather than MLS policy.

If you're licensed in Texas, three things changed at once: buyer representation agreements are now a legal requirement (not just best practice), a brand-new "non-representation agreement" lets you show property without representing the buyer, and subagency is gone from the statute entirely.

1. Written Buyer Representation Agreements Are Now Mandatory

Under the amended Texas Occupations Code §1101.563, a license holder must enter into a written agreement with a prospective buyer of residential real property before:

• Showing any residential property to that buyer, or
• Presenting an offer to purchase on the buyer's behalf

This used to be standard practice for many Texas brokerages already, using TREC's promulgated or TXR forms — but as of January 1, 2026, it's a statutory requirement, not just a professional norm.

2. The New "Non-Representation Agreement" for Showings

Texas Occupations Code §1101.562 creates a distinct path for license holders who want to show property to a buyer or tenant without entering a representation relationship. A non-representation agreement:

• Can cover residential, farm-and-ranch, or commercial property
• Must have a termination date no more than 14 days out
• Must be non-exclusive
• Does not permit the license holder to give opinions or advice, negotiate on the buyer's behalf, or perform any other brokerage services

This gives Texas agents a compliant way to do a single showing for a walk-in or referral without either skipping paperwork entirely or locking the buyer into a full representation agreement.

3. Subagency Is Removed From TRELA

The amendments strip all references to subagency from TRELA. Practically, this confirms what most Texas brokerages already assumed in practice: a license holder either represents a party in a transaction, or they don't — there's no longer a subagency relationship where a cooperating brokerage is deemed to represent the seller by default.

What This Means for Your Intake Process

1. Update your forms. TREC and TXR revised the Information About Brokerage Services (IABS) form and buyer-side paperwork for the January 2026 changes — confirm you're using the current versions, not pre-2026 templates.
2. Build the 14-day / non-exclusive rule into your CRM or transaction checklist if you use non-representation agreements for one-off showings — see our tools for real estate agents for CRMs with e-signature and agreement tracking.
3. Retrain on subagency language — remove any references to subagency from listing agreements, scripts, or internal training material.
4. Confirm with your broker which agreement (representation vs. non-representation) applies before you show anything to a walk-in buyer.

Where to Verify the Current Rules

Sources:

• What Changes in 2026 About Buyer/Tenant Representation in Texas — TREC
• Texas Occupations Code, Chapter 1101 (Real Estate Brokers and Sales Agents)
• Before the First Showing of the New Year: What Texas Agents & Brokers Need to Know About Buyer Agreements — Independence Title
• Changes To TXR and TREC Forms You Need To Know About — Republic Title

This article is for general informational purposes and is not legal advice. Texas agents should confirm current requirements and forms directly with TREC or their broker/legal counsel.