The short version: If you’re with the listing brokerage, disclose that you represent the seller; no buyer agreement needed. If you’re hosting for a different brokerage, you don’t represent the seller, so every prospective buyer must get the IABS and sign a written agreement (a showing-only form like TXR-1508, or a buyer representation agreement) before they start touring, even if they already have an agent. No signature, no tour. Stick to facts: size, price, terms.
Hosting an open house for a listing at another brokerage used to be a simple favor. Since January 1, 2026, it comes with paperwork, and a lot of agents are still doing it the old way. Here’s what changed and exactly what the host has to do.
What changed on January 1, 2026
- A written agreement before showing. Senate Bill 1968 added a requirement that a license holder who performs brokerage for a prospective buyer of residential property must have a written agreement with that buyer before showing any residential property (Tex. Occ. Code §1101.563(b)). Residential means a single-family home, a duplex, triplex, or fourplex, or a condo unit. Failing to get the agreement is now a ground for TREC discipline (§1101.652(b)(34)).
- “Showing only” is its own category. An agent can show a home without representing the buyer, but then gives no opinions or advice and performs no other brokerage services (§1101.562). That showing-only agreement can’t be exclusive and can’t last more than 14 days.
- Subagency was cut back. The same bill repealed the statutory definition of “subagent.” TREC says subagency wasn’t eliminated entirely as a legal concept, but the situations where it can arise are now limited. The practical result: an agent from another brokerage hosting your listing generally isn’t the seller’s agent anymore.
So who needs what at an open house?
If you’re with the listing brokerage, you represent the seller. You don’t need a written agreement with each visitor. You do need to disclose, orally or in writing, that you represent the seller. Texas REALTORS® recommends a written disclosure for this.
If you’re with a different brokerage, you don’t represent the seller, and each prospective buyer who walks in needs two things before they start looking around:
- The Information About Brokerage Services notice.
- A signed written agreement, either a showing-only agreement like the Texas REALTORS® Unrepresented Customer Showing Form (TXR-1508), or a buyer representation agreement.
That includes visitors who already have their own agent. Here are the details that trip people up:
- Already represented? They still sign. The February 2026 revision of TXR-1508 added a box for visitors to check if they already have a representation agreement with another broker. Your role is access only, and that buyer belongs to their agent.
- Won’t sign? Then you can’t show them the home. TREC says it plainly.
- A sign-in sheet isn’t enough. The visitor has to sign the actual agreement.
- One property per form. If you start searching other homes for them, that’s more brokerage work and needs a representation agreement.
- Who signs? The law speaks to prospective buyers. The cautious practice is every adult who’s there as a potential buyer. A neighbor who wandered in to see the kitchen isn’t a prospective buyer.
- Leases and commercial are different. The written-agreement requirement doesn’t apply to tenants or to commercial buyers.
What you can say while hosting
As a showing-only host, you can confirm facts about the home: its size, price, and terms. You can’t give opinions or advice: no “this is priced well,” no “I’d offer around…,” no negotiating. If a visitor wants your advice, that’s a conversation about a representation agreement, and it has to be a separate, new agreement.
A checklist for hosting another brokerage’s listing
- Confirm your own broker allows it. Brokers can decide whether their agents host for other firms.
- Get the listing broker’s written okay to host, and agree on who’s responsible for what.
- Bring the IABS and pre-filled showing agreements with the property address already on them, or a tablet set up for e-signing.
- Greet people at the door, before the tour starts, not in the kitchen.
- Keep it to facts: size, price, terms.
- Turn in the signed agreements per your broker’s policy, like any other file.
Still confusing? You’re not alone
TREC’s own advisory committee flagged confusion over exactly this scenario in early 2026 and asked staff for more explainers. Until there’s more guidance, follow TREC’s and Texas REALTORS®’ current answers: if you’re hosting for another brokerage, every prospective buyer gets the IABS and signs before they tour.
Sources
- S.B. 1968 (89R), enrolled text
- S.B. 1968 bill analysis (enrolled)
- TREC, What changes in 2026 about buyer/tenant representation in Texas (January 7, 2026)
- Texas REALTORS legal FAQ, written agreements (including open houses)
- Texas REALTORS, new and revised forms (January/February 2026)
- MetroTex, updated customer showing form now in effect (February 26, 2026)
- MetroTex, hosting an open house: here’s what to know (March 10, 2026)
- Texas Occupations Code §1101.558
General information, not legal advice. TREC says I can’t practice law, and I like my license. Run your specific situation past your broker or a real estate attorney.
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