Key Takeaways

  • Written listing agreements and buyer representation agreements are required to earn a commission in Texas
  • Texas uses specific agreement types: Exclusive Right to Sell, Exclusive Agency, and Open Listing
  • Buyer representation agreements establish the broker's duties and compensation terms
  • Protection periods (safety clauses) allow brokers to claim commission after expiration for procured clients
  • All representation agreements must include the intermediary consent language if that option will be available
Last updated: January 2026

Representation Agreements

In Texas, written agreements are required to establish agency relationships and earn commissions.

Types of Listing Agreements

1. Exclusive Right to Sell

FeatureDescription
Commission earnedIf property sells by ANY source
Broker exclusivityOnly one broker
Owner can sellYes, but still pays commission
Most commonYes, preferred by brokers

2. Exclusive Agency

FeatureDescription
Commission earnedIf property sells through agent
Broker exclusivityOnly one broker
Owner can sellYes, without paying commission
CommonLess common than Exclusive Right

3. Open Listing

FeatureDescription
Commission earnedOnly if that broker procures buyer
Broker exclusivityNone—multiple brokers possible
Owner can sellYes, without paying commission
CommonLeast common, least favorable

Required Listing Agreement Elements

Texas listing agreements must include:

ElementRequirement
Property descriptionLegal description or address
Listing priceSeller's asking price
Commission termsAmount or percentage
Expiration dateDefinite termination date
Broker informationName, license number
SignaturesSeller and broker
Intermediary consentIf applicable

Buyer Representation Agreements

Purpose

A Buyer Representation Agreement establishes:

  • Agency relationship with buyer
  • Broker's duties to buyer
  • Compensation terms
  • Duration of representation

Types of Buyer Agreements

TypeDescription
Exclusive BuyerBuyer works only with this broker
Non-Exclusive BuyerBuyer may work with multiple brokers

Required Elements

ElementPurpose
Scope of representationTypes of property sought
Geographic areaWhere buyer wants to purchase
CompensationHow broker will be paid
DurationStart and end dates
Intermediary consentIf applicable

Protection Periods (Safety Clauses)

What is a Protection Period?

A protection period (also called a safety clause or extender clause) protects the broker's commission after the agreement expires.

If This HappensBroker Earns Commission
Agreement expiresNo, unless...
Client buys/sells within protection periodYes, if broker procured client
Client listed with another brokerUsually no (override clause)

Standard Protection Period

  • Typically 90 days after expiration
  • Applies to clients broker introduced during term
  • Broker must provide written list of prospects

Termination of Agreements

How Agreements End

MethodDescription
ExpirationEnd date reached
CompletionTransaction closes
Mutual consentBoth parties agree to terminate
BreachMaterial violation by either party

Key Point: A seller can withdraw a listing, but may still owe commission depending on agreement terms.

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Types of Listing Agreements
Test Your Knowledge

Under which type of listing agreement does the broker earn a commission regardless of who sells the property?

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B
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D
Test Your Knowledge

What is the purpose of a protection period in a listing agreement?

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B
C
D