Can You Take Your Clients When You Change Brokerages in Texas?

Whose client is it under a signed agreement?

When an owner lists a home, the contract is with the real estate broker. TREC says listing agreements are private contracts between the property owner and the broker, not the sales agent. The same is true for buyers. A buyer representation agreement is a contract between the buyer and the broker.

You work under your sponsoring broker, so the broker is the party to the contract. When you leave, the broker you leave stays on that contract. We checked these TREC answers on October 29, 2026.

Can a buyer you represent follow you to a new broker?

TREC asks this exact question in its FAQ. The answer is no. The buyer would still be represented by your previous broker. The buyer may seek to be released from the agreement.

TREC also says a buyer who wants to work with a different broker can ask the broker for a release, but TREC cannot require one. If the broker refuses, TREC says the buyer should consult a private attorney.

For you, the lesson is simple. Do not ask a buyer under contract to ignore the agreement. Tell the buyer the facts, and let the buyer decide whether to ask for a release.

Can a seller move a listing to your new office?

TREC says no for the same reason. If an agent moves and the owner wants the agent to keep handling the listing, the owner cannot simply switch it to the new broker.

TREC says the owner can ask the original broker to release the listing, or talk to a private attorney about other ways to end it. TREC cannot require a broker to release an owner from a listing agreement.

The seller holds the choice. Many brokers will talk, since a stuck listing helps no one, but that is a business decision for the old broker. Be honest with the seller about what you can and cannot control.

What about people with no active agreement?

Past clients, your sphere of influence and people who simply know you are not under contract. TREC says buyers choose their own broker, and a buyer agreement must be written and signed to bind anyone. A person with no signed agreement can hire whom they like.

Even so, read your independent contractor agreement. Some agreements include rules about contacting clients or using data after you leave. The safest step is to ask a Texas attorney to read it.

TREC does not decide who is owed a commission when two brokers are in a dispute over a buyer. Procuring cause questions are for the parties and the courts.

Who is paid when a deal you started closes after you leave?

TREC says a sales agent may be paid through the current sponsoring broker or the broker who sponsored the agent when the agent earned the right to the compensation (Rule 535.3). The prior sponsoring broker can also pay you directly for a transaction or referral after you move.

The amount and the timing come from your agreement with the old broker, not from TREC. Ask for payment terms in writing before you leave. See switching brokerages with pending deals for a full step list.

How should you talk to clients about the move?

Clients care about one thing: will my deal be handled. Give them a clear, calm answer.

• Tell the client you are changing brokers only after you read your agreement.
• Explain that their signed agreement is with the current broker.
• Say that they may ask the broker for a release, and that you cannot promise it.
• Offer to keep working on the file if the old broker agrees.
• Give them the old broker contact, not your opinion of the old broker.
• Put the plan in an email so everyone sees the same words.

Which clients are bound and which are not?

Use this table as a quick sort. It reflects the TREC answers above, not legal advice.

What should you write down before you tell a client?

Good notes protect you and the client. Keep a short file for each person who may be affected by your move.

Record the date you spoke, what you said, and what the client decided. Note whether the client has a signed agreement and with which broker. If the client asks for a release, note who they asked and when. Keep the broker answer in the same file.

If a dispute ever starts, plain notes made at the time help everyone remember the same facts. They also remind you not to promise what only the client and the old broker can decide.

What if the client asks you what to do?

Stay honest and stay in your lane. You can explain what the TREC answers say. You cannot tell a client to break a contract, and you cannot promise a release.

A fair script is short: your agreement is with the broker. You may ask the broker for a release. I cannot promise one. If it matters, a Texas attorney can read your contract. Then offer to keep helping with the file until the client decides.

Clients remember how you handled a hard moment. A calm, accurate answer builds trust whether or not the file follows you.

What is the safest order of steps?

This is our planning idea, built from the TREC points above. It is not legal advice.

• Read the departing agent terms in your agreement.
• List clients by status: listed, under contract, buyer agreement, no agreement.
• Talk to your current broker about how each active file will be handled.
• Let clients with signed agreements decide whether to ask for a release.
• Wait for the sponsor change to show in the REALM Portal.
• Then update your IABS, contracts and advertising under the new broker.
• Use only your own contacts, in line with your agreement and the law.

What are common mistakes?

Most trouble comes from rushing or from promises that cannot be kept.

• Telling a client you will bring the listing with you.
• Asking a client to cancel an agreement without the broker release.
• Sending a mass message to a list that may be covered by your agreement.
• Using the new broker name before the portal shows the change.
• Skipping a written record of what each client was told.

How does this affect your choice of brokerage?

If client ownership matters to you, ask about it before you join anywhere. Ask what the agreement says, and ask what the broker has done in past moves. Our guide on switching real estate brokerages in Texas lists more questions.

The Bauer Group is a Frisco brokerage that welcomes licensed DFW agents. You can start the conversation on the join page. Opportunities are earned, not guaranteed.

Education only, not legal, tax or financial advice. Confirm licensing rules with TREC and ask a Texas attorney about your own contracts.