Can One Texas Agent Represent Both the Buyer and the Seller?

The short answer

New agents often hear that one agent can work both sides of a deal. In Texas the word matters. TREC does not allow dual agency. It allows a different setup called intermediary status, with strict conditions.

Facts here come from TREC pages, checked October 16, 2026. Read the current rules before you rely on any of this.

What intermediary means

TREC defines an intermediary as "a broker who negotiates the transaction between the parties" when the broker, or a sponsored sales agent, "has obtained consent from the parties to represent both the buyer and the seller."

TREC also says there is always a single intermediary broker. That is the sponsoring broker, even when another license holder makes appointments.

What must happen first

TREC lists the steps on its Rules and Laws FAQ and its brokerage services page. They are the same on both pages.

What an intermediary may not do

TREC says the intermediary "is prohibited from acting so as to favor one principal over the other." It also says the intermediary may not reveal confidential information from one side without that side's written instructions.

One example on the TREC brokerage page: the intermediary cannot disclose a seller's willingness to accept a lower price without the seller's written authorization. TREC lists exceptions where the law or a court requires disclosure, or where the information materially relates to the property's condition.

What appointed agents can do

If the broker appoints one agent for the seller and another for the buyer, TREC says each appointed agent may advise the party they were appointed to represent.

If the broker makes no appointments, TREC says "the broker and/or agent may not offer advice and opinions relevant to the real estate transaction to either party." That is a big change from a normal representation, so it is worth understanding before you say yes to it.

What this means for a new sales agent

A sales agent must be associated with, and acting for, a sponsoring broker. So the decision to act as an intermediary sits with the broker and the signed paperwork, not with you alone.

Ask your broker how the office handles it. Some brokerages make appointments. Some do not take both sides. We did not find a TREC rule that requires either choice. Our questions to ask a brokerage guide is a good place to add this one.

How it ties to the IABS form

The Information About Brokerage Services form is where the buyer and seller first see how intermediary status works. TREC says discipline can follow if the rules are not followed. Our IABS guide explains when the form is due.

Questions to ask before you agree

This list is our general guidance, not a TREC rule.

• Does this brokerage ever act as an intermediary?
• If so, does it appoint separate agents for each side?
• Who explains the risks to the client in plain words?
• What happens to my commission if I am appointed to one side?
• Is the authorization in the listing or buyer agreement, and did the client read it?

A plain example

This example is ours, not from TREC. Say two clients of the same brokerage want the same house. One is the seller and one is the buyer. Each has signed papers that allow the broker to act as intermediary.

The broker now must treat both sides fairly. It cannot tell the buyer the lowest price the seller would take unless the seller gave written permission. It also cannot share the buyer's private limits with the seller. If the broker appoints two agents, each one can give advice to their own client.

Common mistakes

These are our view of likely mistakes, not a TREC list.

• Saying "I can work both sides" without the signed authorization.
• Skipping the IABS form at the first real conversation.
• Sharing a client's price limit with the other side.
• Giving advice to both sides when no one was appointed.
• Assuming a team name or office name changes who the broker is.

Representing one side compared with intermediary

This table is our summary of the TREC pages above. It is not a legal comparison.

Why this matters for your career

Two-sided deals can look like an easy win for a new agent. The paperwork and the neutral role make them harder than they look. A mistake can hurt a client and your license record.

The safe habit is simple. Read the IABS form, ask your broker for the office policy, and get everything in writing before you act. When you are unsure, ask your broker before you speak to either client.

If you are thinking about DFW

If you are licensed, or close to it, and looking at the Dallas and Fort Worth area, you can start a conversation with us on our site. Ask every brokerage how it handles two-sided deals.

Rules can change

Education only, not legal, tax or financial advice. Confirm licensing rules with TREC.