State-portion study

    Texas vs. national, every rule the state portion tests differently.

    The national portion tests general principles. The Texas portion tests how Texas changes them. Search the differences below (agency, finance, forms, ownership, taxes, and regulation) and learn the divergence the exam baits.

    Two portions

    80 national + 40 Texas state

    You pass each portion separately. The national portion tests general principles; the state portion tests how Texas changes them.

    Out-of-state traps

    National habits fail in Texas

    Dual agency, transfer taxes, and judicial foreclosure are normal elsewhere and wrong in Texas. The exam baits those answers.

    Where points hide

    The divergence is the test

    Most state-portion misses come from applying a national rule where Texas has its own. Learn the difference, not just the term.

    Side-by-side

    National rule vs. Texas rule.

    Search or filter by category. Each card shows the national norm, the Texas rule, and the trap the exam sets.

    Showing 14 differences.

    One broker, both sides

    Agency
    National / most states

    Many states permit dual agency with the informed consent of both parties.

    Texas

    Dual agency is prohibited. Texas uses the intermediary relationship with written consent.

    TrapDo not call the Texas model dual agency. It is intermediary.

    Agency disclosure

    Agency
    National / most states

    Agency disclosure form and timing vary by state.

    Texas

    The IABS notice is given at the first substantive communication about a specific property.

    TrapIABS is a disclosure, not a representation agreement.

    Advising both parties

    Agency
    National / most states

    A dual agent represents both, often with limited duties.

    Texas

    An intermediary may appoint a different license holder to advise each party.

    TrapAppointments are optional and never the same license holder to both parties.

    Contract forms

    Contracts & Forms
    National / most states

    Agents often use association forms; attorney involvement varies by state.

    Texas

    License holders must use TREC promulgated forms (22 TAC §537).

    TrapA license holder generally cannot draft or alter contract language beyond filling blanks.

    Who drafts the forms

    Contracts & Forms
    National / most states

    Varies: state associations, attorneys, or agencies.

    Texas

    The TREC Broker-Lawyer Committee drafts the forms; TREC adopts them.

    TrapTREC adopts the forms; the Legislature writes the statute, not the forms.

    Security instrument

    Finance & Foreclosure
    National / most states

    The mortgage (a two-party instrument) is common.

    Texas

    The deed of trust (three parties, including a trustee) is the norm.

    TrapThe deed of trust adds a trustee with a power of sale, the key Texas difference.

    Foreclosure method

    Finance & Foreclosure
    National / most states

    Many states require judicial foreclosure through the courts.

    Texas

    Non-judicial foreclosure under the power of sale; sales on the first Tuesday of the month.

    TrapTexas foreclosure is usually non-judicial and fast. No court is needed when the deed of trust allows it.

    Marital property

    Ownership & Title
    National / most states

    Most states follow common-law (separate) property rules.

    Texas

    Texas is a community-property state; property acquired during marriage is generally community.

    TrapCommunity property changes who must sign: both spouses for the homestead.

    Homestead protection

    Ownership & Title
    National / most states

    Homestead protection is limited or absent in many states.

    Texas

    Texas has strong homestead protection from forced sale by most creditors.

    TrapHomestead protects against most creditors, but not a purchase-money loan, taxes, or a properly executed home-equity lien.

    Transfer tax

    Taxes & Closing
    National / most states

    Many states charge a real estate transfer or documentary stamp tax.

    Texas

    Texas has no statewide real estate transfer tax.

    TrapAdding a transfer/stamp tax to a Texas closing is a classic out-of-state trap.

    Property tax math

    Taxes & Closing
    National / most states

    Often expressed in mills (per $1,000 of value).

    Texas

    Stated per $100 of appraised value; school-district homestead exemption is $140,000 (2025).

    TrapUse the per-$100 rate for Texas; the homestead exemption reduces taxable value first.

    Who closes the deal

    Taxes & Closing
    National / most states

    Attorney-closing states are common in parts of the country.

    Texas

    Title companies and escrow officers commonly handle closing in Texas.

    TrapTexas is not an attorney-required closing state for typical residential sales.

    Regulator and law

    Law & Regulator
    National / most states

    Each state has its own commission and license act.

    Texas

    TREC regulates under TRELA (Occupations Code Ch. 1101) and the TREC Rules (22 TAC Ch. 535).

    TrapTREC enforces the law and adopts rules; the Legislature writes TRELA.

    Activating a license

    Law & Regulator
    National / most states

    Sponsorship and activation rules vary.

    Texas

    A sales agent must be sponsored by an active Texas broker to act; an unsponsored license is inactive.

    TrapPassing the exam does not let you practice. You must be sponsored by a broker first.

    How is the Texas real estate exam split between national and state content?+

    The Texas Sales Agent exam has 120 scored questions: 80 on the National/General portion and 40 on the Texas State-Law portion. You must pass both portions separately. The state portion is where the Texas-specific rules on this page are tested.

    What is the biggest Texas difference candidates miss?+

    Agency. Texas does not recognize dual agency; it uses the intermediary relationship with written consent. National study habits push candidates toward the dual-agency answer, which is wrong in Texas.

    Does Texas use mortgages or deeds of trust?+

    Texas commonly uses the deed of trust, a three-party instrument with a trustee who holds a power of sale. That power of sale is what allows non-judicial foreclosure, which is faster than the judicial foreclosure required in many other states.

    Is there a transfer tax in Texas?+

    No. Texas has no statewide real estate transfer or documentary stamp tax. Many other states do, so adding one to a Texas closing problem is a common trap. Texas property tax is also stated per $100 of appraised value rather than in mills.

    How should I study the state portion?+

    Use this comparison to learn each Texas rule against its national counterpart, then drill it. The Pass Texas app has 1,200+ Texas-specific questions, the Trap Library, and weak-area tracking for one $59.99 purchase.

    Master the state portion

    Know the difference.
    Then prove it under time.

    Pass Texas includes 1,200+ Texas-specific questions across all 14 areas, the Trap Library, Math Coach, and weak-area tracking for one $59.99 purchase. No subscription. No copied exam questions.

    Sources reviewed June 2026: TRELA (Texas Occupations Code Ch. 1101), the TREC Rules (22 TAC Ch. 535), the Texas Property, Tax, and Family Codes, and the Pearson VUE Texas content outline. The 2025 school-district homestead exemption ($140,000) reflects Proposition 13 / SB 4. For exam preparation, not legal advice.