I keep hearing agents talk about representing both sides in a transaction and nothing makes me cringe more. In Texas, we got rid of dual agency in the 1990s and we replaced it with Intermediary. What this means is that an individual agent/broker/associate can NEVER and I mean NEVER represent both sides in a transaction. We all need to be clear in our understanding, our explanations and in the words we choose as practitioners. As for consumers, everyone needs to understand that the agent or broker represents the seller or the buyer but never both. The agent or broker can facilitate the transaction, however where an agent facilitates the transaction they do not represent either party. Let’s dive into intermediary in Texas real estate.
I am Robbie English, Managing Broker and REALTOR at Uncommon Realty and I would love to dive in deeper to this subject with you.
For you, the consumer, I think you need to understand Intermediary more clearly because it is addressed in both the listing agreements and buyers’ representation agreements in Texas. And, this yet another reason why I always say you need a competent, well-educated real estate agent to represent you and explain things (without providing legal advice) to you.
For buyers, without choosing Intermediary, they cannot write an offer on one of the brokerage’s listings and would have to contract on a property that was represented by another brokerage than that of their agent’s affiliation.
For sellers, it’s a completely different matter. Intermediary allows an associate from the same brokerage as the listing agent to bring a contract for a buyer, but it also allows the listing agent to facilitate the transaction between the seller and the buyer.
Every brokerage has different rules on the way their associate agents can handle clients and it is imperative for consumers (both buyers and sellers) to understand intermediary in Texas real estate to make sure they are comfortable with and understand the choices that might be presented to them.
With Intermediary, there are two ways it can be handled: (1) with appointments and (2) without appointments.
(1) Intermediary With Appointments occurs when a broker appoints two separate associates to represent each side independently. One associate is appointed to represent the buyer and by all means, can provide advice and opinions to their client. The broker also appoints another associate to represent the seller and also can provide advice and opinions to their seller client. The broker for the real estate firm has to be neutral and make sure each agent is representing their client.
Depending on the size of the brokerage affects the options. If your agent is in a brokerage with just them and the broker, then they are limited to the forms of intermediary they can do to Intermediary Without Appointments and can never offer Intermediary With Appointments (where separate associates provide advice and opinions to their individual clients) because the agent can not represent a side of the transaction and the broker represent the other side because the law says the broker in charge of the brokerage has to remain neutral.
(2) The second type of Intermediary is Without Appointments. In this formation, an associate FACILITATES the transaction between the principal clients (the buyer and the seller) and can by no means provide any advice or opinions to you. This is the type of intermediary where seller clients in particular feel they they have enjoyed the advice and opinions of the agent and then all of a sudden a buyer appears, the agent becomes an Intermediary Without Appointments and neither side (the buyer or the seller) can receive advice or opinions from the agent.
In Intermediary Without Appointments, the same documentation that is provided to one side of the transaction must be provided to the other.
Many times when sellers have chosen an agent or broker to work with and they are moving through the marketing of the seller’s property everything is fine. Everything is fine until an unrepresented buyer appears that the agent or broker puts them under a representation agreement and then that buyer wants to buy the seller’s property. With Intermediary without appointments (where the agent or broker facilitates the transaction between the parties), the sellers oftentimes feel like they have lost their representation. In fact, in this situation the seller has lost their previous level of representation because the agent or broker is no longer able to provide advice nor provide opinions to the seller about anything — and the same thing happens with the buyer because the agent or broker is limited by law to not provide advice or opinions to either party. If they do, they are breaking the law.
Also, in Intermediary, when the agent receives the inspection report from the buyer’s inspection, it HAS to be sent to the seller (in Intermediary without appointments) or sent to the associate representing the seller (in Intermediary with appointments) to be delivered to the seller. The reason this has to occur is that the broker has been put on notice of the material defects with the home and must disclose the report to their client.
Yes, the seller principal will have to redisclose and update the seller’s disclosure notices if the transaction falls out and another buyer has to be found. If you have a backup offer, the backup offer buyer and agent should immediately receive the redisclosure to include the known defects.
Agents and brokers need to be intentional with the words they use and the explanations they make. If anyone ever says “I’m representing both sides” you know they do not know what they are doing and you need to run away from them and run fast! Hiring a competent agent or broker means hiring someone who understands the law, and the way real estate is handled, as well as can keep you out of legal trouble and deliver results.
Agents and brokers in Texas are real estate licensees and are all overseen by the Texas Real Estate Commission. It is their duty and responsibility to know and understand the rules that govern their license and the way each of us may work with clients. So, it’s important to remember, that it’s not only what you say, but how you say it.
When it comes to intermediary in Texas real estate, it is also important to note that agents and brokers in an intermediary situation are supposed to treat all parties to the transaction honestly, they are not allowed to disclose to a buyer that a seller will accept a price less than the asking price unless otherwise instructed in writing by the sellers or tell a seller that the buyer will pay a price greater than the price submitted in a written offer to the seller unless otherwise instructed in writing. Additionally, the agent or broker may not disclose any confidential information or any information either party specifically instructs them not to tell unless otherwise instructed in writing.
If you have any questions, please reach out to me about intermediary in Texas real estate. I am happy to discuss the ways real estate is handled and how we may not only provide you with the results you are looking for but also do it correctly. This is something I like to talk to my sellers about in detail so that they understand Intermediary correctly from the beginning. I think it makes everyone feel more comfortable in the transaction should Intermediary come into question.
Disclaimer: I am not an attorney and my opinions should not be considered legal advice. Any discussion regarding this topic in the comments does not create a client-agent relationship. If you are needing legal advice, please contact a competent real estate attorney.
Thanks for sharing this, Robbie. You broke down a nuanced topic without oversimplifying it, which is not easy to do. The emphasis on how things are said, not just what is said, really highlights the responsibility Texas brokers carry when operating as an intermediary. This kind of thoughtful guidance helps elevate the conversation and the profession as a whole.
There is certainly a lot to know about this subject. I really like all of the points you have made. Great perspective, Robbie. This post does a solid job of explaining intermediary in Texas in a way that actually makes sense to consumers and agents alike. The reminder that delivery matters just as much as accuracy is spot on, especially in situations where tone, clarity, and intent can change how a message is received. Clear communication builds trust, and this was a strong example of that in action.
Oh my goodness! Impressive article dude! I really appreciate this post, Robbie. Your explanation reinforces that intermediary is not just a checkbox or legal status, but a responsibility that requires careful wording and awareness. The emphasis on communication adds meaningful context and helps agents better serve their clients while staying compliant. Thanks for sharing your insight and experience.
Thank you, Robbie, for such a well articulated point of view on intermediary in Texas. You highlighted an aspect that often gets overlooked, which is the importance of tone, clarity, and delivery when navigating these relationships. This is a helpful reminder that professionalism and thoughtful communication are critical to protecting all parties involved. I definitely love this website. Keep writing!
Great perspective, Robbie. This post does an excellent job of explaining why intermediary relationships in Texas require not just technical knowledge, but intentional communication. The reminder that how something is said can be just as important as what is said is especially valuable, both for agents and for consumers trying to understand the process. Thank you for laying this out so clearly.
Robbie, posts like this are why your content stands out. Clear, thoughtful, and grounded in actual practice. You did a great job explaining why intermediary is not just about staying neutral, but about being intentional with how information is shared. Thanks for putting this out there.
This was a great read, Robbie. I like how you went beyond the legal definition and talked about real-life application. The reminder that words carry weight in an intermediary situation is something every agent should slow down and think about before opening their mouth. Just wanted to say I love reading your blog and look forward to all your posts! Carry on the outstanding work!
Thank you for sharing your point of view on this, Robbie. Your experience really shows here. Intermediary in Texas is not just a checkbox, and your explanation of how communication protects everyone involved was spot on. I appreciate the practical insight.
Really enjoyed this article, Robbie. You took a complex and often misunderstood topic and made it clear without oversimplifying it. The emphasis on how conversations are framed is something more agents need to hear, especially in today’s market where emotions can run high.
Robbie, this was an excellent reminder that compliance is only part of the equation. The way you tied language, intent, and professionalism together really hit home. Intermediary relationships can go sideways fast if agents are careless with their words, and this post explains that perfectly.
Thanks for this post, Robbie. I really appreciate how you focused on the “how” just as much as the “what.” Intermediary can feel deceptively simple on paper, but your explanation highlights why communication and tone matter so much in practice. This is a must-read for Texas agents.
Great perspective, Robbie. This is one of those topics that gets talked about a lot but rarely explained well. You did a solid job breaking down not just the rules of Intermediary in Texas, but the real-world responsibility behind the words we choose. Super helpful for agents who want to do things the right way.
Thanks for sharing this insight, Robbie. Posts like this are a great reminder that real estate is still very much a people business, even in highly regulated situations like intermediary transactions. Your focus on intention, tone, and transparency really underscores what professional representation should look like in Texas.
This was a fantastic read, Robbie. I especially liked how you highlighted that intermediary relationships live and die by communication. Saying the right thing the wrong way can cause just as many problems as saying the wrong thing. Your perspective adds a lot of clarity to a topic that is often oversimplified.
Really appreciated this post, Robbie. You did a great job explaining that intermediary is not just a checkbox on a form, it is a responsibility that requires care, professionalism, and strong communication skills. Your point about how wording and delivery can shape outcomes is something every Texas agent should take seriously.
Thank you for this thoughtful breakdown, Robbie. It is refreshing to see someone emphasize that being technically correct is not enough when acting as an intermediary. How information is communicated can either build confidence or create confusion, and you explained that balance in a very practical, real world way.
Great post, Robbie. This is such an important reminder that intermediary relationships in Texas require more than just knowing the rules, they require intentional communication. The way you framed how tone, clarity, and delivery impact trust really hit home. This is the kind of perspective that helps elevate the entire transaction for everyone involved.
So well said. I appreciate how you balanced the legal framework with real world communication advice. That combination is exactly what both agents and clients need to understand this topic better.
Robbie, this post was spot on. Your perspective shows why thoughtful communication is just as important as legal compliance in intermediary transactions. Thanks for putting this out there for the benefit of everyone involved.
Robbie, I really enjoyed this post. You took a complex topic and made it approachable without dumbing it down, which is no small feat. The point about how your words and delivery shape client confidence really hit home. Articles like this are exactly why folks benefit from working with a broker who understands both the law and the human side of real estate. Appreciate you sharing your insight, y’all. I just stumbled upon your blog and wished to say that I have truly enjoyed surfing around your blog posts.
Thank you for this thoughtful perspective, Robbie. Your explanation of intermediary relationships in Texas is both practical and refreshingly honest. I love how you highlighted the importance of communication style, tone, and transparency, not just the legal mechanics. It is a powerful reminder that good representation is about more than forms and rules, it is about how you guide people through big decisions with care and respect.
Robbie, this was a fantastic read. You did a great job breaking down intermediary in Texas in a way that actually makes sense to everyday buyers and sellers. I especially appreciate how you emphasized not just what we say, but how we say it, that nuance gets overlooked far too often in real estate conversations. This kind of clarity builds real trust, and it shows why working with a thoughtful, experienced broker truly matters.
Great perspective, Robbie. This really breaks down how much communication style matters when acting as an intermediary in Texas. It is not just about following the law, it is about serving people the right way. Appreciate the clarity and real world insight here.
Thank you for this, Robbie. Your explanation makes a complicated topic feel practical and human. It is refreshing to see someone emphasize both legal responsibility and thoughtful communication in the same breath.
This was a fantastic read. I love how you highlighted that intermediary representation is not just a checkbox, it is a relationship that requires intention, transparency, and respect for everyone involved.
Robbie, this post hits home. So many agents gloss over how much tone and wording matter in intermediary situations. You did a great job reminding folks that how we say things can change outcomes just as much as what we say.
Really appreciate this breakdown. Your focus on ethical communication and clarity sets a high bar for how intermediary transactions should be handled in Texas.
Robbie, this post hits home. So many agents gloss over how much tone and wording matter in intermediary situations. You did a great job reminding folks that how we say things can change outcomes just as much as what we say.
Really appreciate this breakdown. Your focus on ethical communication and clarity sets a high bar for how intermediary transactions should be handled in Texas.
This is such an important reminder. Intermediary is one of those areas where professionalism truly shows, and your point about communication style makes a huge difference for clients on both sides.
Thanks for sharing your perspective, Robbie. You explained the legal side clearly, but what really stood out was your emphasis on trust, tone, and intention. That is where great agents separate themselves from average ones.
Great post. I love how you tied the technical rules of intermediary representation back to real human interactions. Clients do not just hear our words, they feel our approach.
This article should be required reading for Texas agents. You nailed the reality that intermediary is not just about forms and disclosures, it is about careful communication and professionalism at every step.
Robbie, this was incredibly well said. The reminder that our delivery matters just as much as our message is something every agent, new or experienced, needs to hear.
Thank you for putting this into plain English. Intermediary can feel confusing to clients, and your approach shows how much smoother things can go when agents lead with clarity and care.
Such a thoughtful take on intermediary representation. I really appreciate how you framed communication as a tool for building confidence instead of creating confusion or tension.
This post really highlights why experience matters in Texas real estate. Your insight into how intermediary actually plays out in real transactions is both practical and reassuring.
Robbie, I love your emphasis on professionalism and tone. It is a great reminder that good agents do not just know the rules, they know how to communicate them in a way that serves their clients.
Excellent perspective here. You made a strong case for why intermediary representation should be handled with extra care, extra clarity, and a whole lot of respect for everyone at the table.
This was a great read. Your point about how easily words can be misinterpreted in intermediary situations really stuck with me. Communication truly is everything in this business.
Thank you for sharing this, Robbie. Your writing makes it clear that intermediary is not a shortcut, it is a responsibility that demands a higher level of professionalism and intention.