The rule in Texas
In Texas, dual agency isn’t permitted; a broker who represents both sides acts as a neutral intermediary and may appoint a license holder for each party.
What it’s called: intermediary (with appointed license holders).
Citation: Tex. Occ. Code 1101.651(d); 1101.559–1101.561.
BindingOffers research report "Residential Real Estate: Three 50-State + DC Datasets" (September 2026) (summary and table) · Last reviewed September 21, 2026 · Confidence: medium
The required form
We haven’t confirmed Texas’s required disclosure form yet. Ask your broker before representing both sides.
The conflict in a multiple-offer situation
When the listing agent also represents one of the buyers, every other buyer will wonder whether that buyer saw something they didn’t. In Texas that agent can’t be a dual agent at all, so the brokerage must use intermediary (with appointed license holders), or the buyer works with another brokerage.
Prior-offer disclosure: An intermediary must act impartially and may not disclose confidential information of either party without permission.
Texas’s rule on sharing offers still applies to everyone: Shopping offers is allowed unless barred by law or a confidentiality agreement, but TREC rules require fair, honest treatment of all parties; selectively telling only some buyers the current high offer violates TREC rules. See the Texas disclosure rule →
Designated agency as the alternative
Texas allows the brokerage to appoint a separate agent for each client (intermediary (with appointed license holders)). In a multiple-offer situation, that’s the cleaner setup: the buyer’s agent never sees the other offers, and the listing agent never advises the buyer.
Questions
Is dual agency legal in Texas?
In Texas, dual agency isn’t permitted; a broker who represents both sides acts as a neutral intermediary and may appoint a license holder for each party.
Can a dual agent disclose other offers in Texas?
No one may act as a dual agent, and one buyer’s offer terms stay confidential from another. The seller must also authorize any disclosure, under Texas’s disclosure rule.
What form is required for dual agency in Texas?
We haven’t confirmed the required form for Texas yet. Ask your broker; most states require written disclosure and consent before a licensee represents both sides.
General information, not legal advice. Confirm with your broker or your state real estate commission.