How Buyer's Agent Pay Works in Texas (2026): Written Agreements, Who Pays and What to Ask

By Chris Dudley, San Antonio REALTOR® and founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381). Last reviewed October 27, 2026.

If you plan to buy a home in San Antonio, you will be asked to sign a written agreement with an agent before you tour homes. Here is what changed, what the agreement has to say, and how buyer's agent pay is decided, in plain terms.

What changed

August 17, 2024 (national): Under the National Association of REALTORS® settlement, offers of compensation to buyer's agents are no longer allowed on MLSs, and agents working with a buyer must have a written buyer agreement before the buyer tours a home. Sellers can still offer compensation outside the MLS through negotiation. (NAR, Aug. 16, 2024)

January 1, 2026 (Texas law): The 89th Texas Legislature added Sections 1101.562 and 1101.563 to the Real Estate License Act. For residential buyers, a written agreement must be in place before an agent shows you a home, or before presenting an offer if no home is shown. (Texas Real Estate Commission, Jan. 7, 2026)

What the written agreement must include

According to TREC, the agreement must state:

The services the agent will provide
When the agreement ends
Whether it is exclusive or non-exclusive
Whether the agent represents you or does not
The amount or rate of the agent's compensation and how it is determined
In conspicuous language, that broker compensation is not set by law and is fully negotiable

Two kinds of agreements

Representation agreement: the agent works for you: advice on price, offer strategy, negotiation, inspections and closing. Services can be limited by agreement, but the agent cannot waive the minimum duties Texas law requires.

Showing-only (non-representation) agreement: the agent may only show property. It must be non-exclusive and last no more than 14 days, and the agent cannot give you opinions or advice. (TREC)

Commercial buyers and tenants are not covered by the Texas written-agreement requirement. (TREC)

Open houses

An agent from the listing brokerage hosting an open house must tell you they represent the seller. An agent from outside the listing brokerage hosting an open house must give you the Information About Brokerage Services (IABS) notice and sign a written agreement with you before showing the home, even if you already have an agent. (TREC)

So who pays the buyer's agent?

The amount is whatever you and your agent agree to in writing; no law sets it. In practice it can be paid by you, by the seller, or partly by each:

Some sellers offer to pay buyer's agent compensation (outside the MLS).
You can ask the seller to pay some or all of it as part of your offer. The seller can say yes, no, or counter.
Anything the seller does not cover is owed under your agreement, so read that section closely before you sign.

Questions to ask before you sign

Is this a representation agreement or showing-only?
Is it exclusive, and when does it end? Can it be shortened or limited to certain areas?
What exactly is your compensation, and what happens if the seller pays part of it?
What services are included, from search through closing?
What happens if I want to end the agreement early?

FAQ

Do I have to sign an agreement to tour a home in Texas?

Yes, if an agent is showing it to you. Since January 1, 2026, Texas law requires a written agreement before an agent shows residential property to a buyer. It can be a representation agreement or a short, non-exclusive showing-only agreement.

Is the buyer's agent commission set by law?

No. The agreement must say in conspicuous language that broker compensation is not set by law and is fully negotiable.

Can the seller still pay my agent?

Yes. Offers of compensation can no longer appear on the MLS, but sellers can still agree to pay through negotiation, including as a request in your offer.

How long does a showing-only agreement last?

No more than 14 days, and it must be non-exclusive.

This page is general information, not legal advice. Read your agreement and ask questions before signing.

Talk it through before you tour

Call or text Chris Dudley, San Antonio REALTOR®, at (210) 838-6099. Legacy Realty Group, brokered by Real Broker, LLC. TREC #731381.