Texas Co-Listing Rules: What Agents Can (and Cannot) Do on the Seller Side

Texas Co-Listing Rules: What Agents Can (and Cannot) Do on the Seller Side

In Texas, a seller cannot have two brokerages co-representing them on the sell side of the same transaction. Texas does allow intermediary relationships, but only within the same brokerage, not between two different brokerages.
Because the seller is already under an active listing agreement with another broker, a few important points apply:
• No co-listing between brokerages on the seller side
• No intermediary relationship across brokerages
• The current listing broker has exclusive representation rights unless the seller is formally released
What can be done instead
If all parties want to move forward, there are only a couple compliant paths:
  1. Referral agreement
    The cleanest option. If the seller wants to stay with their current agent, you can request a written referral agreement from that brokerage for a referral fee.
  2. Termination + new listing
    The seller would need to properly terminate or expire their current listing agreement before you could represent them. This must be done fully and in writing — no overlap.
  3. Buyer-side involvement only
    If you’re bringing a buyer, you can cooperate in the transaction as a buyer’s agent, but not as a co-seller’s agent.
What not to do
• Do not market or advise the seller while they are under contract
• Do not accept compensation on the sell side without a referral or valid listing agreement
• Do not attempt a “co-listing” workaround — Texas does not allow it

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