I'm looking to buy a house in the Galveston, TX area and have decided to just look around myself. I found a property I was interested in and contacted the listing agent directly to schedule a showing.
The listing agent arranged for her colleague, who works at the same brokerage, claim she is “ with the listing agent” to meet me at the property.
When I arrived, the agent immediately told me that if I wanted to see the house, I had to hire her as my buyer's agent. She even pulled out a contract for me to sign.
I specifically asked whether this was a requirement or agreement from the seller.
She explicitly told me it was Texas law.
I explained that I wasn't interested in buyer representation. I had found the property myself, contacted the listing brokerage directly, and simply wanted to see the house.
She refused to show me the property unless I signed. So I left without ever seeing the house.
Afterward, I looked into the rules and found that Texas allows agents from the listing brokerage to show properties to unrepresented buyers while acting on behalf of the seller, without requiring a buyer representation agreement.
I understand that brokerages can have their own policies, but why tell me it's the law?
I complained to the broker, the said they will arrange another agent. Then another agent contacted me and said I could hire her as my buyer's agent for just ONE DAY so she could show me the property.
When I expressed concerns about signing, she seemed upset and hang up my phone call.
Here's what bothers me about the one-day agreement:
Even if the representation period is only one day, couldn't the contract contain provisions allowing the agent to claim a commission if I eventually purchase the property she showed me, even after the agreement expires?
I don't want to sign something that could potentially obligate me to pay thousands of dollars in commission just to spend 20 minutes looking at a house.
I'm not asking anyone to work for free as my buyer's agent. I don't want a buyer's agent at all.
I'm simply trying to view a property that is publicly listed for sale.
I understand agents have the right to decide whom they work with, but I find it frustrating that something as simple as viewing a property has become so complicated.
For Texas agents or buyers who have purchased without representation:
Can a listing brokerage refuse to show its own listing to an unrepresented buyer?
Is there a legitimate reason to require a one-day buyer representation agreement instead of a non-representation showing agreement?
Could a one-day buyer representation agreement still create commission obligations after it expires?
How are unrepresented buyers supposed to arrange showings without signing buyer agency agreements?
I'm genuinely interested in understanding how this works, because this entire experience has been incredibly frustrating.
update:I contacted the brokerage manager and filed a formal complaint with the Texas Real Estate Commission (TREC).
My concern is that the listing agent was turning away a legitimate prospective buyer unless I agreed to sign a buyer representation agreement, and get her as my buyer’s agent. I specifically asked the seller’s agent to show me the property and did not ask for her colleague to show me. She agreed then sent someone else. I was not asking them to represent me as a buyer.
I believe making buyer representation a condition of viewing the property was inappropriate and potentially contrary to the seller’s best interests. Whether it constitutes a regulatory violation is for TREC to determine.
Here’s the interesting part: After I complained, the brokerage manager assigned another agent to show me the property. I was asked to sign a non-representation agreement, which I had no problem signing, and I was able to tour the house.
So clearly, there was a way to accommodate an unrepresented buyer without forcing them into a buyer representation agreement. That’s exactly what I had been asking for from the beginning.
For those asking whether I provided proof of funds before requesting a showing: No, because nobody asked me for it. If proof of funds had been a requirement, they could have simply communicated that to me. And I am willing to provide. I would have understood.
And frankly, I doubt many people would go through the trouble of contacting the brokerage manager, filing a complaint, and continuing to pursue a showing just to look at a house for fun.
I wasn’t trying to waste anyone’s time. I was a genuinely interested buyer trying to view a property without hiring a buyer’s agent. Or here,without hiring this agent as my buyer’s agent.