Brokerage & Agency

Written Consent (Intermediary)

The consent of both parties that makes intermediary practice lawful, which must state the source of any expected compensation.

Under TRELA Sec. 1101.559(a), a broker may act as an intermediary only if the broker obtains written consent from each party and the written consent states the source of any expected compensation to the broker.

Sec. 1101.559(b) provides that a listing agreement or a buyer-representation agreement authorizing intermediary is sufficient to establish written consent, if the agreement sets out in conspicuous bold or underlined print the conduct prohibited by Sec. 1101.651(d).

On the exam

Consent is usually obtained up front in the representation agreements, before anyone knows the firm will end up on both sides.

Exam trap

Forgetting the compensation-source requirement. Consent alone is not enough under Sec. 1101.559(a)(2).

Tested in

Texas Agency & Intermediary (9% of the exam)

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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.