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.
The Texas Sales Agent exam is 80 national + 40 Texas state questions, passed separately. The state portion tests where Texas diverges: intermediary instead of dual agency, deeds of trust with non-judicial foreclosure, TREC promulgated forms, community property, no statewide transfer tax, and property tax stated per $100 of value. Learn each Texas rule against its national counterpart below.
Exam prep only. This explains how the Texas exam tests these rules, not legal advice for a live transaction.
You pass each portion separately. The national portion tests general principles; the state portion tests how Texas changes them.
Dual agency, transfer taxes, and judicial foreclosure are normal elsewhere and wrong in Texas. The exam baits those answers.
Most state-portion misses come from applying a national rule where Texas has its own. Learn the difference, not just the term.
Search or filter by category. Each card shows the national norm, the Texas rule, and the trap the exam sets.
Showing 14 differences.
Many states permit dual agency with the informed consent of both parties.
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 form and timing vary by state.
The IABS notice is given at the first substantive communication about a specific property.
TrapIABS is a disclosure, not a representation agreement.
A dual agent represents both, often with limited duties.
An intermediary may appoint a different license holder to advise each party.
TrapAppointments are optional and never the same license holder to both parties.
Agents often use association forms; attorney involvement varies by state.
License holders must use the appropriate TREC-promulgated form when one exists for the transaction (22 TAC Chapter 537).
TrapA license holder generally cannot draft or alter contract language beyond filling blanks.
Varies: state associations, attorneys, or agencies.
The TREC Broker-Lawyer Committee drafts the forms; TREC adopts them.
TrapTREC adopts the forms; the Legislature writes the statute, not the forms.
The mortgage (a two-party instrument) is common.
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.
Many states require judicial foreclosure through the courts.
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.
Most states follow common-law (separate) property rules.
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 is limited or absent in many states.
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.
Many states charge a real estate transfer or documentary stamp tax.
Texas has no statewide real estate transfer tax.
TrapAdding a transfer/stamp tax to a Texas closing is a classic out-of-state trap.
Often expressed in mills (per $1,000 of value).
Stated per $100 of taxable value; the current school-district homestead exemption is $140,000, voter-approved in 2025.
TrapUse the per-$100 rate for Texas; the homestead exemption reduces taxable value first.
Attorney-closing states are common in parts of the country.
Title companies and escrow officers commonly handle closing in Texas.
TrapTexas is not an attorney-required closing state for typical residential sales.
Each state has its own commission and license act.
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.
Sponsorship and activation rules vary.
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.
Each comparison has a full Texas explainer: intermediary vs dual agency, deeds of trust and foreclosure, community property, promulgated forms, and property taxes and exemptions. New to the 80/40 split? See the full exam format and scoring breakdown, or review the whole state portion with the Texas state-law cheat sheet.
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.
Agency. Texas does not permit 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.
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.
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 taxable value rather than in mills.
Use this comparison to learn each Texas rule against its national counterpart, then drill it. The Pass Texas app has 1,377 Texas-specific questions, the Trap Library, and weak-area tracking for one $59.99 purchase.
