Follow this order of signing documents so you have written agreements for payment of your fee before the parties sign a contract:

1. Have your buyer sign a buyer’s representation agreement. If the buyer signs the Residential Buyer/Tenant Representation Agreement – Long Form (TXR 1501), you may want to point out that under Paragraph 7B the buyer may be obligated to pay you if the seller refuses or fails to pay your fee.
2. Provide the seller with the Information About Brokerage Services (TXR 2501, TREC IABS 1-1) and discuss the agency relationships involved in this purchase. You may want to use the Representation Disclosure (TXR 1417) to put in writing that the required representation disclosure has been made to the seller and to confirm in writing that you are representing the buyer and not the seller.
3. Give the seller the Seller’s Disclosure Notice (TXR 1406) to complete and sign.
4. Either complete the Compensation Agreement Between Broker and Owner (TXR 2401) and check the box in Paragraph 7A that indicates you are representing the prospect only, or complete Paragraph 12A(1)(b) of the One to Four Family Residential Contract (Resale) (TXR 1601, TREC 20-18), which will obligate the seller to pay the buyer’s broker compensation.
5. Present your buyer’s offer for the seller’s consideration and signature.

Remember, even though your client is the buyer, you have an obligation to treat the seller fairly and honestly. Avoid actions that might be construed as pressuring the seller to sell the property to your client.

No. Your buyers would still be represented by your previous broker. A buyer-representation agreement is a contract between a buyer and a broker, not a sales agent. When agents move from one sponsoring broker to another, they cannot take clients with them and should not attempt to persuade those clients to leave their current broker. However, if your buyers wish to do so, they can ask the broker to be released from the buyer-representation agreement.

It depends. If any license holder including a broker is working with a buyer to tour a home, then MLS guidelines require MLS participants to enter into a buyer written agreement. Similarly, effective January 1, 2026, state law will require any license holder working with a prospective buyer who wants to tour a home or a submit an offer on a residential purchase to have a written agreement signed by the prospective buyer. However, a relationship between a broker and a client can legally exist without a written document generally. Nevertheless, there are four good reasons why the relationship should be evidenced by a writing, whether it’s with a buyer, seller, landlord, or tenant:

1. A broker cannot sue for a commission unless there is a written agreement signed by the party agreeing to pay that commission.

2. If office policy permits a broker to act as an intermediary (the broker has a broker-client relationship with both the seller and the buyer in the same transaction), then the broker must obtain the written consent of each party and it must state who will pay the broker. The Texas REALTORS® buyer's representation agreements and listing agreements include the necessary written consents and other statutory requirements for a broker to act as an intermediary.

3. Written agreements between a broker and his client help ensure that all parties have mutually agreed on the terms of representation.

4. Article 9 of the Code of Ethics requires that REALTORS®, for the protection of all parties, assure whenever possible that all agreements related to real estate transactions are in writing.

While it is proactive for you to provide the form on your Web site, Section 1101.558(c) of the Real Estate License Act requires that a licensee furnish the written statement contained in the form to a party to a real estate transaction at the time of the first substantive dialogue with the party. The Real Estate License Act defines "substantive dialogue" to mean a meeting or written communication that involves a substantive discussion relating to specific real property. The term does not include a meeting at an open house or a meeting or written communication that occurs after the parties to a transaction have signed a contract or lease. In the situation you describe, the Real Estate License Act would require you to provide the form to the prospective buyer when you first meet him at the listed home. Note: A license holder is not required to provide the written statement (the form) if the proposed transaction is for a residential lease for not more than one year and no sale is being considered, or the license holder meets a party who is represented by another license holder.

Assuming an agreement with the listing broker as regards cooperation and compensation, you may represent the buyer as an exclusive agent. You cannot be appointed by the intermediary because you are not an associate of the listing broker, and from the facts as you describe them, no intermediary status is going to arise. Confidential information obtained from the seller when you were acting as the seller's agent, of course, could not be disclosed to your new client, the buyer.

At the time the property is listed, the license holder is obligated to advise the owner as to the license holder's opinion of the market value of the property. Once appointments have been made, the appointed associates are permitted, but not required, to provide the party to whom they have been appointed with opinions and advice during negotiations.

Yes. At times, it may be appropriate to amend an existing Buyer’s Representation Agreement. Any amended agreement must meet all requirements of the practice changes and reflect the buyer’s informed consent. Per NAR, REALTORS® should:

• Always act in good faith when agreeing with a buyer on services and compensation.
• Ensure compensation in the written buyer agreement is objectively ascertainable—clearly defined as a specific dollar amount, flat fee, percentage, or hourly rate, and not open-ended or a range.
• Not create multiple or alternative agreements with a buyer to bypass these requirements, or base compensation on what the seller or seller’s agent offers.
• Not amend a buyer representation agreement solely to “match” a higher offer of compensation; any amendment must have a valid legal basis and be made with the buyer’s fully informed consent.

Additionally, REALTORS® must implement these requirements fully and in good faith.

Generally, no. Under NAR’s settlement, buyer brokers may not receive compensation for brokerage services from any source that exceeds the amount or rate specified in the written agreement with the buyer. This means that you cannot accept bonuses or any additional payments from a seller or other source beyond what was agreed to with your buyer. However, per NAR’s settlement guidelines, a buyer representation agreement may be amended if there is a valid legal basis and with buyer’s fully informed consent. Therefore, if these criteria are met, a buyer broker could enter into an amendment to receive the bonus.