Confidential Information
A party's negotiating position, which an intermediary may not disclose to the other side without written authorization.
Under TRELA Sec. 1101.651(d), a broker and any license holder appointed under Sec. 1101.560 acting as intermediary may not disclose that the seller or landlord will accept a price less than the asking price, may not disclose that the buyer or tenant will pay more than the price in a written offer, and may not disclose confidential information or information a party instructed them in writing not to disclose.
The prohibition has narrow carve-outs, including where disclosure is required by the chapter or a court order, and where the information materially relates to the condition of the property.
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Texas Agency & Intermediary (9% of the exam)
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- Intermediary
The Texas relationship in which one broker represents both the buyer and the seller in the same transaction with the written consent of both parties.
- Material Defect
A known defect in a property's condition that must be disclosed, and which confidentiality does not cover.
- Written Consent (Intermediary)
The consent of both parties that makes intermediary practice lawful, which must state the source of any expected compensation.
This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.