Relating to the licensing and regulation of certain real estate professionals by the Texas Real Estate Commission.

Contracts

• Buyer Representation Agreements: Must be amended to include conspicuous language stating that broker compensation is not set by law and is fully negotiable. Current forms are likely non-compliant.
• New "Showing Services" Agreement: You must create or adopt a specific form for unrepresented buyers (per Section 1101.563) that is non-exclusive, terminates in 14 days or less, and explicitly disclaims representation.
• Independent Contractor Agreements (ICAs): Update ICAs to mandate the use of these forms and include indemnification clauses protecting the brokerage if an agent violates the pre-showing agreement requirement.

Hiring/Training

• Workflow Training: Agents require immediate training on "Path A" (Representation) vs. "Path B" (Showing Only) workflows. The "open the door first, sign later" method is now illegal.
• Supervisor Certification: The mandatory broker responsibility course (max 6 hours) now applies to any license holder who supervises another agent, not just the designated broker.

Reporting & Record-Keeping

• Transaction Management: Configure software (Dotloop, SkySlope, etc.) to require a signed Buyer Agreement or Showing Agreement as a mandatory file prerequisite.
• Updated IABS: The "Information About Brokerage Services" form must be updated to include the license holder’s supervisor and broker contact information.
• Email Registration: All license holders must register a dedicated "business email address" with TREC; personal emails used for business must be declared.

Fees & Costs

• E&O Insurance: Anticipate potential premium adjustments. The statutory requirement to disclose fee negotiability creates a new liability vector for consumer lawsuits regarding "standard" fees.
• Administrative Penalties: New strict liability penalties apply for dishonored payments to the Commission.