Buyer Beware… The Seller’s Agent is Not Working For You

Subagency in Texas is a term you might hear tossed around when you’re buying or selling real estate—but what does it really mean for you? And more importantly, how could it impact the success of your real estate transaction? If you’re not crystal clear on how agency relationships work in Texas, you’re not alone. Many buyers and sellers enter into conversations with real estate professionals without fully understanding who is representing whom. And that, quite frankly, can be a major problem.

This guide unpacks what subagency in Texas really means, how it can affect your interests, and why choosing an experienced broker like Robbie English at Uncommon Realty is a smart move that gives you a significant edge.

Understanding Real Estate Agency and Subagency in Texas

In Texas, the way a real estate agent represents you—or doesn’t—matters more than most people realize. Whether you’re buying or selling, the agency relationship defines where the agent’s loyalties lie. These relationships include seller agency, buyer agency, intermediary, and yes, subagency. Each comes with different rights and obligations, and misunderstanding them can cost you money, leverage, and peace of mind.

As well, in Texas, when you first meet a real estate licensee and after your first subsequent conversation, your real estate agent should provide you with an “Information About Brokerage Services”. Pay special attention to the paragraph that starts with SUBAGENT. This section says: “AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.”

Please understand, that when you work with an agent without a buyers representation agreement, the agent showing you properties owes their loyalty to the seller. It is only after a consumer enters into a buyer’s representation agreement with an agent is that buyer protected.

Subagency in Texas, specifically, refers to a situation where a real estate agent is helping a buyer view properties but is not formally representing that buyer. Instead, the agent is actually working on behalf of the seller—even though they may be the one unlocking the doors and answering your questions.

You read that right. That friendly agent showing you around? Unless you’ve signed a written buyer representation agreement, their legal loyalty lies with the seller. Their job is to get the seller the best deal—not you.

Having A Buyers Representative

Buyer’s Agency:   The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because a buyer’s agent must disclose to the buyer any material information known to the agent.

If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker’s obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.

After you sign a buyers representation agreement, you are represented and receive (by law):

• Honesty
• Fairness
• Accountability
• Reasonable Care
• Disclosure of Material Facts
• Undivided Loyalty
• Confidentiality
• Full Disclosure
• Objective Evaluation
• Price Counseling
• Help Negotiating
• Truly, the agent works for you

Why It Matters If You’re Unrepresented

Without representation, you’re navigating a highly nuanced and often fast-paced market without a true advocate. You may think you’re getting advice, but what you’re really getting is facilitation. There’s a big difference between someone helping you find a house and someone committed to protecting your interests.

A subagent can assist you. They can answer factual questions, open doors, and help you draft offers. But when it comes to guidance, strategy, or negotiation—don’t count on it. In Subagency in Texas, subagents are required by law to place the seller’s interests above yours. That means they must tell the seller things you say, if it could benefit the seller.

And that’s a critical distinction.

Imagine touring a home and casually telling the agent, “I’d go above asking if I had to.” In a subagency situation, that statement isn’t held in confidence. It’s likely to be shared directly with the seller, giving them the upper hand. Once it’s said, it can’t be unsaid.

Without you signing a buyers representation agreement, you are represented and receive (by law):

• Honesty
• Fairness
• Accountability
• Reasonable Care
• Disclosure of Material Facts

The Only Way to Get True Representation

The only way to ensure someone is advocating solely for you in a Texas real estate transaction is to sign a buyer representation agreement. That piece of paper changes everything. It legally binds the agent to you—not the seller. It means your agent owes you fiduciary duties like confidentiality, loyalty, and full disclosure.

These aren’t just abstract concepts. They translate into tangible, real-world advantages:

• You’ll have someone guiding you with market insight tailored to your goals.

• Your confidential information stays confidential.

• Your agent is legally obligated to fight for your best price and terms.

It’s not just about filling out contracts. It’s about protecting your time, your money, and your negotiating power.

What the Law Requires (And What It Doesn’t)

Texas real estate law mandates that all agents treat consumers with honesty, fairness, and reasonable care. That’s the minimum standard, and it’s the same whether you’re represented or not.

But with a representation agreement in place, your agent takes on additional legal responsibilities. They now owe you undivided loyalty. They must act in your best interest above all else. And if they learn something material to the deal—like why the seller is moving or what price they might accept—they’re required to tell you. Not the other way around.

Without that agreement? None of those protections are guaranteed.

The Misunderstood Middle: Intermediary Status

Sometimes, both the buyer and the seller want to work with the same brokerage. In Texas, this is called “intermediary” status. It’s legal, and it can work, but it requires a careful balance. The brokerage must remain neutral and avoid giving unfair advantage to either party. This arrangement requires explicit written consent from both buyer and seller.

That’s not necessarily a bad thing, but it’s not always the right fit for everyone. It requires trust and transparency. And more than anything, it demands an experienced broker who understands how to navigate these situations without compromising anyone’s interests.

There is also another form of Intermediary where the agent or broker represents no-one and only facilitates the transaction between the two principles.  In this type of Intermediary, many sellers who have an established and ongoing relationship with their agent then feel like their agent changed sides, ceased to be their agent, or a myriad of other feelings because it was not explained properly to them.  Understand Intermediary and the keys to success when practicing it are crucial for all parties involved in the transaction.

That’s where Robbie English comes in.

Why You Want Robbie English on Your Side

Robbie English is not just another agent. He’s a Texas real estate broker with decades of experience and a proven track record of delivering strategic, client-first results. As the Broker and REALTOR at Uncommon Realty, Robbie offers more than just representation—he delivers tailored, professional guidance grounded in real-world expertise.

In fact, Robbie has dedicated a significant part of his career to teaching other agents nationwide how to practice real estate at a higher level. As a national speaker and certified real estate instructor, Robbie trains agents on everything from contract law to ethical agency relationships. That means you’re not just working with someone who knows the rules—you’re working with the expert who teaches them.

He’s also worked hard to master the intricacies of real estate specifically to give his clients an edge. Every recommendation he gives is strategic, every step guided by knowledge and intention. When you work with Robbie, you don’t just get an agent. You get an advocate with a sharp eye, a tactical mind, and a clear mission: to help you succeed.

What You Risk by Choosing the Wrong Agent

Choosing an agent without understanding agency is a little like signing a contract without reading the fine print. You don’t know what you’re giving up until it’s too late.

Working with someone under subagency in Texas means you may be placing your trust in a professional who, by law, cannot fully protect you. That’s not a knock on the agent—it’s simply the nature of their role.

If you’re serious about making informed, confident real estate decisions, your first move should be securing the right representation. And that starts with choosing the right broker.

Why Robbie English and His Team Are Different

At Uncommon Realty, Robbie and his team don’t just follow the rules—they raise the standard. Their client-first model is built around clarity, honesty, and strategic expertise. Every conversation is rooted in transparency. Every deal is managed with precision.

And because of Robbie’s national leadership and training experience, the knowledge pipeline doesn’t just flow down from the top. It’s part of the DNA of his entire team.

Whether you’re buying your first property or selling a portfolio of investments, Robbie English delivers unparalleled insight that’s customized to your unique needs. His role as an educator keeps him sharp and current, but it’s his focus on people—not transactions—that truly sets him apart.

Subagency in Texas doesn’t have to be confusing. But it does require clarity—and that starts with the broker you choose.

The First Step: Getting Representation the Right Way

You can’t afford to wing it. You need someone in your corner from the first showing to the final signature. And it all begins with one decision: signing a buyer representation agreement with a broker you trust.

Robbie English and his team provide expert guidance at every stage of the real estate process. They help clients navigate the complexities of subagency in Texas and make informed decisions with confidence.

When you sign with Robbie, you’re not just signing a form. You’re gaining a competitive advantage.

Here’s What to Do Next

If you’re planning to buy, sell, or lease real estate in Texas, schedule a consultation with Robbie English at Uncommon Realty. Ask the questions. Get the answers. Understand your rights and obligations before making your next move.

Don’t leave your interests exposed. Get the protection you deserve.

Because in real estate, who represents you makes all the difference.

And when it comes to navigating subagency in Texas, no one is better prepared to lead you forward than Robbie English.

Your next move should be a smart one. Make it with confidence. Make it with representation. Make it with Robbie.