Brokerage & Agency

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.

An intermediary is a broker who, with the written consent of both parties, represents the buyer and the seller in the same transaction. Texas does not permit dual agency and uses the intermediary relationship instead. The written consent is normally obtained up front through the listing agreement and the buyer-representation agreement, which authorize the broker to act as an intermediary if the same firm ends up on both sides.

An intermediary must act fairly and may not favor one party over the other. Without the required separate writing, the intermediary may not disclose that the seller will accept less than the asking price, that the buyer will pay more than the price submitted in a written offer, or other protected information. The broker may, with written consent, appoint different associated license holders to communicate with and advise each party.

On the exam

When one broker ends up representing both sides in Texas, the relationship is intermediary, authorized in writing, not dual agency.

Exam trap

Texas does not permit dual agency. If a question frames a single broker representing both sides, the correct concept is intermediary with written consent, sometimes with appointed license holders.

Tested in

Texas Agency & Intermediary (9% of the exam)

From definition to recall

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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.