Understanding Subagency in Texas Real Estate: Who Really Works for Whom?

If you’re buying or selling a home in Texas, there’s a good chance you’ve heard the term “subagency” tossed around. But what is subagency in real estate—and more specifically, what does subagency in Texas real estate really mean for you?

You might assume that the person showing you the house is automatically working in your best interest. That would be a dangerous assumption. In Texas, subagency is still alive and kicking. It’s a real factor in many real estate transactions, especially when buyers don’t sign written representation agreements.

Let’s break it down so you truly understand how it impacts your experience—and how I, Robbie English, Broker and REALTOR at Uncommon Realty, work to ensure that you’re never left unprotected or outmaneuvered.

TL;DR: What Is Subagency in Real Estate (Especially in Texas)?

1. Subagency in Texas Real Estate means agents may start off working for the seller—even if they’re showing a property to a buyer.
2. Buyers aren’t truly represented until they sign a buyer representation agreement with their own agent.
3. Without that agreement, anything you say to the agent could be used in the seller’s favor.
4. Robbie English and his team at Uncommon Realty are experts at navigating agency relationships and protecting your interests every step of the way.
5. Choose wisely—Robbie has decades of experience, is a national real estate speaker, and teaches agents nationwide how to serve clients with integrity and precision.

Why Understanding Subagency in Texas Real Estate Is Essential

Subagency in Texas real estate is not just some behind-the-scenes technicality—it’s the actual legal foundation of how real estate professionals operate before any formal agreement is signed. When an agent from one brokerage shows you a property listed by a different brokerage, and there’s no buyer representation agreement in place, that agent is legally working for the seller. That agent owes fiduciary duties—loyalty, confidentiality, full disclosure—to the seller.

Even if they smile, open the door for you, and seem genuinely helpful, their legal obligation lies with the other side. That’s subagency.

And that’s risky for you.

Subagency: How It Starts and Why It Persists

Here’s the situation: You meet an agent at an open house. You like them. They seem sharp. You let them show you a few more homes. You still haven’t signed anything.

Guess what?

They’re not your agent.

Until you sign a buyer representation agreement, that agent is acting as a subagent of the listing agent—meaning they’re an extension of the seller’s team. Their job is to help the seller, not you. They can’t tell you things like:

• How much lower the seller might accept.
• If the property has certain red flags.
• Whether your offer is structured competitively for your needs—not the seller’s.

This is where many buyers unknowingly sabotage their own deals. I’ve seen it more times than I can count.

The Shift: When You Sign a Buyer Representation Agreement

This is the turning point.

When you sign a buyer representation agreement with me or a member of my team at Uncommon Realty, everything changes. You’re no longer just a customer—you become a client. That’s not just a title; it’s a legal distinction that gives you rights.

Now I owe you loyalty. I owe you confidentiality. I advocate fiercely and exclusively for your best interests.

This shift doesn’t happen on its own. It only kicks in with a signed agreement—and once in place, it empowers you to navigate the market with clarity and confidence.

Why Confidentiality Is Your Hidden Superpower

One of the most overlooked benefits of signing that agreement? Confidentiality.

Before that agreement, anything you say—how much you love the kitchen, how high you might be willing to go—can legally be passed to the seller. That information could be used against you when it comes time to negotiate.

Once you’ve signed with me, though, everything you share becomes protected. I use what you tell me to structure offers that favor your goals—not the seller’s—and to make sure we approach negotiations with leverage, not liability.

Let Me Put My Experience to Work for You

I’ve spent decades in the real estate world. Not just helping people buy and sell homes, but training other agents how to do it right. As a national real estate speaker and instructor, I teach thousands of agents across the country about the nuances of agency, contracts, negotiations, and client care.

You could hire just any agent to walk you through houses.

Or you could choose someone who has built a career out of mastering the craft and teaching others to do the same. When it comes to something as financially significant as buying a home, I believe you deserve a strategist—not just a tour guide.

Why My Clients Choose Me Over Other Agents

Most people don’t realize how much influence the right representation can have on the outcome of a real estate deal.

My clients know I’m not here to push a sale. I’m here to navigate, negotiate, and protect. I deliberately approach each transaction with strategy, nuance, and foresight. I understand the weight of this decision—and I take that seriously.

When you choose me, you’re getting more than an agent. You’re gaining a highly experienced broker who’s dedicated to your success.

I won’t just walk you through houses. I’ll walk you through the process, step-by-step, eliminating confusion and increasing your confidence.

What Happens When You Don’t Sign That Agreement?

Let’s be real: nothing might go wrong… at first. You may even feel like the agent you’re working with is helpful and professional. But then comes the moment that matters.

You want to negotiate.
You need advice on offer strategy.
You want to talk through appraisal gaps, concessions, closing costs.

If you haven’t signed a buyer representation agreement, that agent can’t legally give you the level of guidance you need. In fact, they might be required to tell the seller everything you say.

Do you really want to be in that position?

I wouldn’t.

Your Next Step: Secure Representation That Actually Works for You

Buying a home isn’t just about finding the right property. It’s about making smart, informed decisions along the way. And you can’t do that unless you have someone in your corner—truly in your corner.

If you’re ready to buy, the smartest move you can make is to sign with a qualified agent who understands the power of agency and how to use it to your advantage. That’s exactly what I bring to the table.

I know how this game works. I teach it. I live it. And I’m here to help you win.

A Texas-Specific Issue with Big-Time Implications

Subagency in Texas real estate isn’t going away anytime soon. It’s still part of the foundation of how real estate operates here. That’s why being educated on this issue isn’t optional—it’s essential.

Sellers have representation. They’re covered.

You should be, too.

And not just by anyone. You should be represented by someone who knows how to navigate the system, who sees ten steps ahead, and who isn’t afraid to advocate fiercely for your interests.

You deserve more than basic service. You deserve expert guidance—and that’s exactly what I provide.

Let’s Get You Covered

So—what is subagency in real estate? It’s a technicality that can either work against you or be strategically overcome when you know what to do.

In Texas, it’s especially relevant. Subagency in Texas real estate creates real risks for unrepresented buyers. But those risks disappear once we establish a formal relationship.

Let’s get you protected. Let’s get you represented. Let’s make sure every move you make in your home search is working for you—not against you.

If you’re serious about buying, I’m serious about helping you. Let’s talk.

Contact me and let’s start crafting a smart, strategic, and fully represented journey to your next home. I’m Robbie English—Broker, REALTOR, and instructor at Uncommon Realty—and I’m ready when you are.

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.