Why SB 1968 Matters for Touring Homes in Texas in 2026
If you plan to buy a home in Texas in 2026, there’s a good chance your very first conversation with a real estate agent will feel different than it did a few years ago. Texas Senate Bill 1968 (often shortened to SB 1968) has made home touring more structured by requiring a written agreement before an agent performs certain “substantive” services for a buyer. In plain terms: before an agent can do key tasks like showing homes and advising you in a meaningful way, the relationship needs to be put in writing.
This change is part of a broader push for real estate agency transparency Texas buyers have been asking for—clear expectations, clear roles, and fewer surprises about who represents whom and how an agent is compensated. The impact is most noticeable at the front end of the process: scheduling and touring homes.
Below is a practical, Texas-specific guide to what SB 1968 real estate Texas requires, why it was introduced, what counts as “substantive actions,” what can still happen without an agreement, and how buyers and agents can prepare for smooth, compliant home shopping in 2026.
What Is Texas Senate Bill 1968?
Texas Senate Bill 1968 is part of a set of Texas real estate law changes aimed at clarifying agency relationships and increasing consumer protections. The bill is closely tied to how buyer agency works in Texas, including how and when representation is established.
In everyday practice, SB 1968 is most associated with a Texas home tours written agreement requirement: before an agent provides certain meaningful services to a buyer—especially services tied to touring properties and negotiating—there must be a signed, written buyer representation agreement (often called a buyer rep agreement or buyer agent contract).
The Big Practical Shift
Historically, many Texas buyers toured homes with an agent first and signed paperwork later—often when they were ready to write an offer. In 2026, many brokerages will start the relationship earlier with documentation. That’s why you’ll hear terms like buyer representation agreements Texas 2026 and buyer agent contract Texas 2026 in buyer consultations.
Why SB 1968 Was Introduced
Texas is a large, fast-moving housing market with big regional differences—Dallas-Fort Worth’s tight inventory cycles, Austin’s sensitivity to tech-driven demand, Houston’s neighborhood-by-neighborhood pricing, San Antonio’s steady growth, and the unique second-home and relocation patterns in places like the Hill Country and coastal markets. In a state like this, buyers often interact with multiple agents, see many homes, and make quick decisions.
SB 1968 was introduced to help ensure consumers understand:
- Who represents them (and when that representation begins)
- What services they can expect from a buyer’s agent
- How compensation works and what happens if a seller doesn’t offer enough to cover it
- When an agent is allowed to provide advice versus when they’re limited to basic, non-representative information
Think of this as a “put it in writing upfront” approach. It reduces misunderstandings, supports Texas real estate compliance SB 1968, and helps align buyer expectations with the reality of agency obligations.
What SB 1968 Requires: Written Agreement Before Substantive Services
The heart of SB 1968 real estate Texas is the requirement for a written agreement before an agent can perform certain substantive actions for a buyer. While details can vary by brokerage policy and how the Texas Real Estate Commission (TREC) interprets and enforces rules, the consumer-facing message is consistent: expect to sign a buyer representation agreement earlier—often before touring homes.
This interacts with TREC buyer agency rules and the disclosures Texas already uses to clarify agency relationships.
What Is a Buyer Representation Agreement?
A buyer representation agreement is a written contract between a buyer and a brokerage (through an agent) that outlines:
- Scope of representation (what the agent will do and what they won’t)
- Term and geographic area (how long it lasts and where it applies)
- Compensation structure (how the brokerage is paid and what happens if the seller doesn’t pay)
- Buyer obligations (e.g., working exclusively with that brokerage, depending on the agreement)
- How disputes are handled and how to terminate (when allowed by the contract)
In 2026, buyers should expect these conversations early, not at the offer stage. That’s a key part of what SB 1968 means for buyers.
What Counts as “Substantive Actions” Under SB 1968?
A common question is: “What exactly triggers the written agreement requirement?” The short answer is that substantive actions are meaningful services that go beyond general information. They usually involve acting in a way that could be interpreted as representation, advice, or advocacy.
Because enforcement and interpretation can matter, many Texas brokerages will take a cautious approach and require the agreement before activities like touring or detailed property guidance. This is why you’ll see more consistent use of Texas buyer representation forms in 2026.
Examples That Commonly Count as Substantive Actions
- Showing homes (in-person tours, private showings, and often hosted showings arranged through the MLS)
- Advising on price and strategy (e.g., “Offer $X with these terms to win”)
- Providing negotiation guidance (repairs, concessions, closing timelines, or escalation strategies)
- Drafting or preparing offer terms beyond general education (even before a formal contract is written)
- Communicating with a listing agent in a way that signals representation of the buyer’s interests
- Researching and recommending specific properties based on your confidential criteria, budget, or motivation
A Helpful Rule of Thumb
If an agent’s involvement could reasonably influence your decisions, expose your negotiating position, or create an expectation they are working for you, it’s likely a substantive service. That’s why “touring homes in Texas law” conversations now happen before the first set of showings.
What Can Still Be Done Without a Buyer Agreement?
SB 1968 does not eliminate casual early-stage conversations, general education, or basic public information. However, the line between “general information” and “substantive service” can be thin, so buyers should expect agents to be careful.
Common Activities That May Still Be Allowed Without an Agreement
- General market education (how the process works, typical timelines, terminology)
- Providing publicly available information (neighborhood overview, school district boundaries, general pricing trends)
- Explaining standard forms at a high level (what an option period is, what earnest money means)
- Discussing the importance of pre-approval and what lenders typically request
- Directing you to open houses where the listing brokerage hosts the event
Still, if the conversation turns into specific advice tailored to you—especially tied to a specific property—many agents will pause and ask for the written agreement for Texas real estate compliance SB 1968.
How SB 1968 Changes the Home Touring Experience in Texas
The most noticeable day-to-day change is that touring may no longer be “tour first, paperwork later.” Expect a brief onboarding step. In competitive pockets of Texas—like spring in DFW suburbs, early summer in Central Texas, or the post-holiday surge in Houston—this could feel like an extra hurdle. But in practice, it can also make the experience smoother once you’re touring, because expectations are set upfront.
What Buyers Will Notice in 2026
- Earlier paperwork before the first private showing
- More upfront discussions about compensation and what happens if a seller offers limited or no buyer-agent compensation
- Clearer conversations about agency (who represents you, who represents the seller, and what dual agency-like situations mean in Texas terms)
- More structured touring plans (batching showings, confirming criteria, and verifying readiness)
What Agents Will Need to Adjust
- Lead with value and clarity: explain services, responsibilities, and consumer protections
- Adopt consistent documentation: using the appropriate Texas buyer representation forms
- Strengthen compliance habits: brokerage policies, training, and recordkeeping to align with TREC buyer agency rules
Step-by-Step: How to Prepare as a Buyer (and Avoid Common Pitfalls)
If you’re buying in Texas in 2026, preparation matters more than ever—especially in peak seasons when well-priced homes move fast. Here’s a simple way to get ready for the new workflow under Texas Senate Bill 1968.
Step 1: Get Financially Ready Before You Tour
In many Texas markets, sellers and listing agents expect proof you can perform. Even if SB 1968 is the headline, lenders are still the gatekeepers.
- Get pre-approved (not just pre-qualified), ideally with documentation reviewed.
- Know your comfort payment in addition to your max approval.
- Plan for Texas-specific costs like higher property taxes in many counties, HOA dues in master-planned communities, and insurance considerations (including wind/hail and flood risk in certain regions).
Step 2: Schedule a Buyer Consultation
A good agent will walk you through what SB 1968 means for buyers, how agency works, and what the agreement covers. This is also where you can ask how they handle touring logistics, communication, and strategy in your target area.
Step 3: Review the Buyer Representation Agreement Carefully
Before signing, understand:
- Length of the agreement: A shorter term can make sense if you’re still deciding.
- Geographic scope: Keep it aligned with where you truly plan to shop.
- Exclusivity: Many agreements are exclusive; know what that means.
- Compensation terms: Ask what happens if a seller offers less than the agreement’s compensation or nothing at all.
- Termination language: Understand how to end the relationship if it’s not a fit.
Step 4: Tour Efficiently and Strategically
Once the agreement is in place, you and your agent can move fast. In Texas, spring and early summer often bring the highest number of listings, while late summer can feel slower in some areas due to heat and school schedules. In any season, efficiency helps:
- Batch showings by area to reduce driving time in large metros.
- Use a short list of “must-haves” and “deal-breakers.”
- Ask your agent for a clear plan for offers, option period strategy, and inspection expectations.
Common Buyer Mistakes to Avoid
- Assuming every agent you talk to represents you without a signed agreement
- Sharing sensitive details (max budget, urgency, divorce/relocation pressures) before agency is clear
- Signing an agreement without understanding compensation and possible out-of-pocket scenarios
- Touring too early before pre-approval, then scrambling when the right home appears
Green Flags in a Buyer-Agent Relationship
- Clear explanation of agency and documentation, with no pressure
- Local Texas knowledge (property tax realities, HOA norms, foundation and drainage considerations)
- Process-driven guidance (timelines, option period, inspections, appraisal risk)
- Transparent conversation about fees and negotiation options
How SB 1968 Affects Agents and Brokerages (Compliance and Best Practices)
For agents, SB 1968 is both a compliance issue and an opportunity to professionalize the early buyer experience. Clear paperwork can reduce misunderstandings and protect consumers, but only if it’s explained well.
Practical Compliance Steps Agents Are Taking
- Standardizing onboarding before showings, including agency disclosures and buyer rep agreements
- Documenting communications around touring requests and representation
- Training on TREC buyer agency rules and brokerage policy updates tied to Texas real estate law changes
- Creating clear scripts to explain “what I can do now” versus “what requires an agreement”
Pros and Cons for Agents
- Pros: Clearer client expectations, stronger agency protection, fewer “ghosting” situations after extensive touring, and improved real estate agency transparency Texas consumers can understand.
- Cons: More front-end friction, added time explaining forms, and potential loss of casual leads who aren’t ready to commit.
Compensation and Negotiations: The Conversation Buyers Should Expect
One reason buyer representation agreements Texas 2026 are getting more attention is that they typically address how the buyer’s agent gets paid. In Texas, compensation is often offered through the listing side, but it can vary by property and market cycle.
In a slower market, buyers may have more leverage to negotiate seller-paid concessions that can help cover costs. In a faster market, sellers may be less willing to negotiate. Either way, your agreement should clarify what happens if the seller’s offered compensation is not enough.
Simple Ways Buyers Can Approach This
- Ask your agent to explain the compensation term in plain language.
- Discuss scenarios: seller pays fully, seller pays partially, or seller pays none.
- Talk about negotiation tools: purchase price, closing cost credits, and repair concessions (where appropriate and allowed).
FAQ: Quick Answers About SB 1968 Real Estate Texas
Does SB 1968 mean I can’t tour homes without signing anything?
In many cases, you can still gather general information and attend open houses hosted by listing brokerages. But if you want an agent to provide substantive services—commonly including private showings—expect the Texas home tours written agreement requirement to apply.
Is this a “new TREC form” requirement?
SB 1968 interacts with existing TREC buyer agency rules and industry forms. Your agent may use standard Texas buyer representation forms or brokerage-specific versions that meet Texas requirements.
Can I sign a short-term agreement just to tour a few homes?
Often, yes. Many buyers and agents choose a limited term or limited scope to start, then extend once there’s mutual trust. The key is ensuring the agreement is clear and fits your situation.
Bottom Line: What SB 1968 Means for Buyers in 2026
The biggest takeaway is simple: Texas Senate Bill 1968 brings more structure to the early stages of home shopping. Buyers should expect to sign a buyer agent contract Texas 2026 earlier—often before private showings—because of the focus on substantive actions and clearer agency relationships.
For prepared buyers, this can be a positive shift. When roles, responsibilities, and compensation are clearly documented, touring homes becomes more efficient and less confusing—especially in Texas markets where the pace can change quickly with the season, interest rate swings, and inventory levels.
If you’re planning to buy in 2026, start with a buyer consultation, get pre-approved, and don’t be afraid to ask direct questions about representation and compensation. That approach keeps you aligned with touring homes in Texas law and sets you up for a smoother path from first showing to closing.
