One broker, both sides
AgencyNational / most statesMany states permit dual agency with the informed consent of both parties.
TexasDual agency is prohibited. Texas uses the intermediary relationship with written consent.
TrapDo not call the Texas model dual agency. It is intermediary.
Agency disclosure
AgencyNational / most statesAgency disclosure form and timing vary by state.
TexasThe IABS notice is given at the first substantive communication about a specific property.
TrapIABS is a disclosure, not a representation agreement.
Advising both parties
AgencyNational / most statesA dual agent represents both, often with limited duties.
TexasAn 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 & FormsNational / most statesAgents often use association forms; attorney involvement varies by state.
TexasLicense 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 & FormsNational / most statesVaries: state associations, attorneys, or agencies.
TexasThe 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 & ForeclosureNational / most statesThe mortgage (a two-party instrument) is common.
TexasThe 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 & ForeclosureNational / most statesMany states require judicial foreclosure through the courts.
TexasNon-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 & TitleNational / most statesMost states follow common-law (separate) property rules.
TexasTexas 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 & TitleNational / most statesHomestead protection is limited or absent in many states.
TexasTexas 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 & ClosingNational / most statesMany states charge a real estate transfer or documentary stamp tax.
TexasTexas 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 & ClosingNational / most statesOften expressed in mills (per $1,000 of value).
TexasStated 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 & ClosingNational / most statesAttorney-closing states are common in parts of the country.
TexasTitle 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 & RegulatorNational / most statesEach state has its own commission and license act.
TexasTREC 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 & RegulatorNational / most statesSponsorship and activation rules vary.
TexasA 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.