Tex. Occ. Code Section 1101.559
Broker Acting as Intermediary

(a)

A broker may act as an intermediary between parties to a real estate transaction if:

(1)

the broker obtains written consent from each party for the broker to act as an intermediary in the transaction; and

(2)

the written consent of the parties states the source of any expected compensation to the broker.

(b)

A written listing agreement to represent a seller or landlord or a written agreement to represent a buyer or tenant that authorizes a broker to act as an intermediary in a real estate transaction is sufficient to establish written consent of the party to the transaction if the written agreement specifies in conspicuous bold or underlined print the conduct that is prohibited under Section 1101.651 (Certain Practices Prohibited)(d).

(c)

An intermediary shall act fairly and impartially. Appointment by a broker acting as an intermediary of an associated license holder under Section 1101.560 (Associated License Holder Acting as Intermediary) to communicate with, carry out the instructions of, and provide opinions and advice to the parties to whom that associated license holder is appointed is a fair and impartial act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.

Source: Section 1101.559 — Broker Acting as Intermediary, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1101.­htm#1101.­559 (accessed May 26, 2025).

1101.001
Short Title 1101.002
Definitions 1101.003
Qualifying Real Estate Courses 1101.004
Real Estate Brokerage 1101.005
Applicability of Chapter 1101.006
Application of Sunset Act 1101.0045
Equitable Interests in Real Property 1101.051
Commission Membership 1101.052
Public Member Eligibility 1101.053
Membership and Employee Restrictions 1101.054
Official Oath 1101.055
Terms 1101.0055
Nonapplicability of Law Governing Cancellation of Certain Transactions 1101.056
Officers 1101.057
Grounds for Removal 1101.058
Per Diem 1101.059
Training 1101.060
Quasi-judicial Immunity 1101.061
Educational Presentations 1101.101
Executive Director and Other Personnel 1101.102
Division of Responsibilities 1101.103
Code of Ethics 1101.104
Qualifications and Standards of Conduct Information 1101.105
Career Development Program 1101.106
Equal Employment Opportunity Policy 1101.151
General Powers and Duties of Commission 1101.152
Fees 1101.154
Additional Fee: Texas Real Estate Research Center 1101.155
Rules Relating to Contract Forms 1101.156
Rules Restricting Advertising or Competitive Bidding 1101.157
Subpoena Authority 1101.158
Advisory Committees 1101.159
Use of Technology 1101.160
Negotiated Rulemaking and Alternative Dispute Resolution Procedures 1101.161
Gifts, Grants, and Donations 1101.201
Public Interest Information 1101.202
Complaints 1101.203
Complaint Information 1101.204
Complaint Investigation and Disposition 1101.205
Complaint Investigation of Certificate Holder 1101.206
Public Participation 1101.251
Definition of Committee 1101.252
Committee Membership 1101.253
Terms 1101.254
Powers and Duties 1101.301
Approval of Programs and Courses of Study 1101.302
Bond Required 1101.303
Approval of Continuing Education Provider or Course of Study 1101.304
Examination Passage Rate Data 1101.305
Review Committee 1101.351
License Required 1101.352
License Application 1101.353
Determination of Fitness 1101.354
General Eligibility Requirements 1101.355
Additional General Eligibility Requirements for Business Entities 1101.356
Broker License: Experience and Education Requirements 1101.358
Sales Agent License: Education Requirements 1101.359
Alternate Education Requirements for Certain License Holders 1101.360
Eligibility Requirements for Certain Nonresident Applicants 1101.362
Waiver of License Requirements: Previous License Holders 1101.363
Issuance of License 1101.364
Denial of License 1101.365
Probationary License 1101.366
Inactive License: Broker 1101.367
Inactive License: Sales Agent 1101.401
Examination Required 1101.402
Waiver of Examination 1101.403
Administration of Examination 1101.404
Examination Results 1101.405
Reexamination 1101.451
License Expiration and Renewal 1101.452
Information Required for License Renewal 1101.453
Additional Renewal Requirements for Business Entities 1101.454
Sales Agent License Renewal 1101.455
Continuing Education Requirements 1101.456
Exemption from Continuing Education Requirements for Certain Brokers 1101.457
Deferral of Continuing Education Requirements 1101.458
Additional Education Requirements for Certain License Holders 1101.459
Denial of License Renewal 1101.501
Certificate Required 1101.502
Eligibility Requirements for Certificate 1101.503
Issuance of Certificate 1101.504
Certificate Expiration 1101.505
Denial of Certificate Issuance or Renewal 1101.506
Change of Address 1101.507
Display of Certificate 1101.508
Probationary Certificate 1101.509
Qualifying and Continuing Education Requirements 1101.551
Definitions 1101.552
Fixed Office Required 1101.553
Display of License 1101.554
Copy of Sales Agent License 1101.555
Notice to Buyer Regarding Abstract or Title Policy 1101.556
Disclosure of Certain Information Relating to Occupants 1101.557
Acting as Agent 1101.558
Representation Disclosure 1101.559
Broker Acting as Intermediary 1101.560
Associated License Holder Acting as Intermediary 1101.561
Duties of Intermediary Prevail 1101.601
Real Estate Recovery Trust Account 1101.602
Entitlement to Reimbursement 1101.603
Payments into Trust Account 1101.604
Management of Trust Account 1101.605
Deadline for Action 1101.606
Claim for Payment from Trust Account 1101.607
Issues at Hearing 1101.608
Commission Response 1101.609
Court Order for Payment 1101.610
Payment Limits 1101.611
Application of Judgment Recovery 1101.612
Subrogation 1101.613
Effect on Disciplinary Proceedings 1101.614
Waiver of Rights 1101.615
Notice to Consumers and Service Recipients 1101.651
Certain Practices Prohibited 1101.652
Grounds for Suspension or Revocation of License 1101.653
Grounds for Suspension or Revocation of Certificate 1101.654
Suspension or Revocation of License or Certificate for Unauthorized Practice of Law 1101.655
Revocation of License or Certificate for Claim on Account 1101.656
Additional Disciplinary Authority of Commission 1101.657
Hearing 1101.658
Appeal 1101.659
Refund 1101.660
Informal Proceedings 1101.661
Final Order 1101.662
Temporary Suspension 1101.663
Reapplying After Revocation, Surrender, or Denial 1101.664
Failure to Appear 1101.701
Imposition of Administrative Penalty 1101.702
Amount of Penalty 1101.703
Notice of Violation and Penalty 1101.704
Penalty to Be Paid or Hearing Requested 1101.705
Hearing 1101.706
Notice of Order 1101.707
Options Following Decision: Pay or Appeal 1101.708
Collection of Penalty 1101.709
Remittance of Penalty and Interest 1101.710
Administrative Procedure 1101.751
Injunctive Action Brought by Commission 1101.752
Additional Injunctive Authority 1101.753
Civil Penalty for Certain Violations by Broker, Sales Agent, or Certificate Holder 1101.754
Private Cause of Action for Certain Violations by Broker, Sales Agent, or Certificate Holder 1101.755
Appeal Bond Exemption 1101.756
General Criminal Penalty 1101.757
Criminal Penalty for Certain Violations by Residential Rental Locator 1101.758
Criminal Penalty for Certain Violations by Broker, Sales Agent, or Certificate Holder 1101.759
Cease and Desist Order 1101.801
Effect of Disciplinary Action on Liability 1101.802
Liability Relating to Hiv Infection or Aids 1101.803
General Liability of Broker 1101.804
Liability for Providing Certain Information 1101.805
Liability for Misrepresentation or Concealment 1101.806
Liability for Payment of Compensation or Commission 1101.2051
Confidentiality of Investigation Material 1101.3015
Fee for Educational Program 1101.3521
Criminal History Record Information Requirement for License 1101.4521
Criminal History Record Information for Renewal 1101.5041
Criminal History Record Information Requirement for Certificate 1101.6011
Applicability to Business Entity 1101.6561
Suspension or Revocation of Educational Program 1101.7015
Delegation of Executive Director’s Authority 1101.7085
Determination by Court
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Verified:
May 26, 2025

§ 1101.559. Broker Acting as Intermediary's source at texas​.gov