Texas Codes

Tex. Occ. Code § 1101.557 (2026)

Acting As Agent; Regulation Of Certain Transactions

✓ current as of May 2026

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Sec. 1101.557. ACTING AS AGENT; REGULATION OF CERTAIN TRANSACTIONS. (a) A broker who represents a party in a real estate transaction or who lists real estate for sale under an exclusive agreement for a party is that party's agent.

(b) A broker described by Subsection (a):

(1) may not instruct another broker to directly or indirectly violate Section 1101.652(b)(22);

(2) must inform the party if the broker receives material information related to a transaction to list, buy, sell, or lease the party's real estate, including the receipt of an offer by the broker; and

(3) shall, at a minimum, answer the party's questions and present any offer to or from the party.

(1) a license holder who has the authority to bind a party to a lease or sale under a power of attorney or a property management agreement is also a party to the lease or sale;

(2) an inquiry to a person described by Section 1101.005(6) about contract terms or forms required by the person's employer does not violate Section 1101.652(b)(22) if the person does not have the authority to bind the employer to the contract; and

(3) the sole delivery of an offer to a party does not violate Section 1101.652(b)(22) if:

(A) the party's broker consents to the delivery;

(B) a copy of the offer is sent to the party's broker, unless a governmental agency using a sealed bid process does not allow a copy to be sent; and

(C) the person delivering the offer does not engage in another activity that directly or indirectly violates Section 1101.652(b)(22).

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 825 (S.B. 810), Sec. 7, eff. September 1, 2005.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2013–2024 · leading case: Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks, 415 S.W.3d 311 (Tex. App. 2013).

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Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks, 415 S.W.3d 311 (Tex. App. 2013). · cites it 2× “” TEX. OCC. CODE ANN. § 1101.557(a).2 Such a broker “shall, at a minimum, answer the party’s questions and present any offer to or from the party.”

Steel Surplus, Inc. v. Adobe Capital, LLC & Ryan Greene (Tex. App. 2024). · cites it 2× “Steel 8 See generally TEX. OCC. CODE ANN. § 1101.557 (“Acting as Agent; Regulation of Certain Transactions”).”

Lavelle Brown (Cross- Appellee) v. Krista Gilmore (Cross- Appellant) (Tex. App. 2023). “The Contract nowhere states how Brown is to be paid and contains no address or account by which Brown could be paid the option fee. Because the Contract is silent on how to pay Brown, Gilmore, through her agent, requested instructions from Brown’s agent, Viquez, on how to pay…”

City of Leon Valley, Texas, Unknown Emp.(s) of City of Leon Valley, & Irene Baldridge v. Wm. Rancher Estates Jt. Venture, Rafael Alfaro, Jose Alfaro, Carman Alfaro, Daniel Bee, Robert Caldwell, Anne Caldwell, Earl Doderer, Sylvia Doderer, James Dowdy, Betty Dowdy, Issac Elizondo, Suzanne Elizondo, Roberto Galindo, Erma Galindo (Tex. App. 2015). “18, 19, 21 Tex. Occ. Code Ann. § 1101.557 (West 2005) .”

— Tex. Occ. Code § 1101.557(a) — 2 cases

Brian Shanklin & Todd Rimmer v. Bassoe Offshore (USA), Inc., Mike Smith, & Jonathan Fairbanks, 415 S.W.3d 311 (Tex. App. 2013). “” TEX. OCC. CODE ANN. § 1101.557(a).2 Such a broker “shall, at a minimum, answer the party’s questions and present any offer to or from the party.”

— Tex. Occ. Code § 1101.557(c)(1) — 1 case

Steel Surplus, Inc. v. Adobe Capital, LLC & Ryan Greene (Tex. App. 2024). “Steel 8 See generally TEX. OCC. CODE ANN. § 1101.557 (“Acting as Agent; Regulation of Certain Transactions”).”

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