Starting January 1, 2026, a real estate agent in Texas has to get a written agreement with you before showing you a property or presenting an offer on your behalf, a real change from how buyer representation worked before. Here is what it actually requires and how it touches a new construction purchase specifically.

What is the new rule?

Under the updated Texas Real Estate License Act requirements, a licensed agent must have a signed written agreement with a prospective buyer before showing them residential property, or before submitting a purchase offer on their behalf if no showing takes place first. The agreement can be a full representation agreement, which covers advice, negotiation, and ongoing service, or a showing only agreement, for a buyer who just wants that one property shown without full representation.

When did it take effect, and what does it actually require?

The requirement took effect January 1, 2026. Before this change, an agent could show a buyer a property informally and put the paperwork together later, sometimes not until closer to writing an offer. That flexibility is gone: the agreement now has to be in place before the first showing, with no exception for a single quick showing or a buyer who is just starting to look.

Does this apply to buying directly from a builder?

The rule governs agents representing buyers, not the builder’s own on-site sales consultant, who represents the builder rather than you. If you visit a model home on your own and work directly with the builder’s sales team, this specific requirement does not come into play, since no buyer’s agent is involved in that interaction. It matters the moment you want your own agent to accompany you, advocate for you, or help negotiate on your behalf: that agent now needs a signed agreement with you before that first visit, not after.

What should a new construction buyer do differently now?

If you intend to use a buyer’s agent when shopping new construction, have that conversation and sign the appropriate agreement before your first model home visit together, not during or after it. Many builders also have their own registration policies requiring an agent to be present or registered on a buyer’s very first visit for that agent to be compensated later, so the combination of the builder’s registration policy and this new state requirement makes it more important than before to sort out representation before you start touring communities, rather than assuming you can add an agent into the process midway through.

Where can you read the actual rule?

The Texas Real Estate Commission and Texas REALTORS publish the specific forms and requirements directly; if you want the exact legal language rather than a summary, those are the two organizations that publish and maintain them.

A note on the information in this page: this describes a Texas real estate regulatory change and is general information, not legal advice. Confirm current requirements and forms directly with the Texas Real Estate Commission, a licensed Texas real estate attorney, or your agent’s broker before relying on it for a specific transaction.