89R11069 RAL-F
By: Middleton S.B. No. 1970
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a real estate broker or sales agent who
lists real estate for sale.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter L, Chapter 1101, Occupations Code, is
amended by adding Section 1101.562 to read as follows:
Sec. 1101.562. DUTIES OF LICENSE HOLDER LISTING REAL ESTATE
FOR SALE. (a) A license holder who enters into a listing contract
with a seller of real estate shall:
(1) share information regarding the real estate with
and respond to any inquiry from a license holder representing a
prospective buyer;
(2) at the seller's direction, show the property to
prospective buyers; and
(3) except as provided by Subsection (b), not later
than the first business day after the start date of the listing
contract, publicly advertise or market the real estate in or on a
publication, platform, or Internet website that is broadly
accessible to the public and any license holder representing
prospective buyers.
(b) Subsection (a)(3) does not apply if the seller in
writing waives the requirement to publicly advertise or market the
real estate. The commission shall adopt a form for a waiver under
this subsection. The form must state that the seller acknowledges
that the failure to publicly advertise or market the real estate
could result in:
(1) license holders and prospective buyers not being
aware that the real estate is for sale or of the terms under which
the real estate is being offered for sale;
(2) the real estate not being displayed on platforms
or Internet websites used by the public to search for property
listings;
(3) fewer offers to purchase the real estate; and
(4) a negative impact on the seller's ability to sell
the real estate at terms favorable to the seller.
SECTION 2. This Act takes effect September 1, 2025.