Cooperating Buyer Broker/Agent Policy Terms and Conditions
Terms & Conditions
At Chad Holland Real Estate, we value strong professional relationships and believe cooperation between brokerages benefits both our clients and the transaction as a whole. We enjoy working with licensed real estate brokers and agents and are happy to cooperate and share commissions when agency relationships and required documentation are clearly established.
To ensure clarity, compliance, and a smooth transaction for all parties involved, the following conditions apply for commission sharing:
1. Be the procuring cause of the sale.
2. Identify their agency status in writing at the time of FIRST contact with Chad Holland Real Estate or any of our agents.
3. Provide written proof prior to any showing of one of the following:
o A valid, fully executed Buyer Representation Agreement, or
o A properly executed Unrepresented Buyer / Unrepresented Showing Form, where permitted by law.
4. Accompany the buyer on the FIRST showing, all subsequent showings, and any due-diligence inspections, unless otherwise agreed to in writing.
5. Participate actively in all contract negotiations on behalf of their client, if represented.
6. Remain in full compliance with all applicable state and federal laws, MLS rules, and brokerage policies.
Important Commission Disclosure
Failure to provide written proof of buyer representation or non-representation will result in the buyer being treated as unrepresented, and no commission sharing is guaranteed. Any compensation in such cases is solely at the discretion of the Listing Broker, Chad Holland.
Seller Protection & Communication
As with all Exclusive Listing Agreements:
• Property owners are not to negotiate directly with prospective buyers or their agents.
• All inquiries, negotiations, and showings must be coordinated through the Listing Agent.
This policy exists to protect our sellers, ensure legal compliance, and maintain clear agency relationships at all times.
Additional Brokerage Disclosures
• Chad Holland Real Estate does not rely on verbal representations of agency. Written documentation is required.
• Procuring cause may be considered in commission disputes only after written buyer representation or non-representation requirements have been fully satisfied.
• This policy may be updated at any time to reflect changes in law, MLS rules, or brokerage requirements.
Agency, Representation, and Commission – Frequently Asked Questions
Does Texas law still recognize procuring cause?
Yes. Procuring cause has not been eliminated under Texas law. However, it is now considered only after required written buyer representation or non-representation documentation is in place.
Is a Buyer Representation Agreement required before a showing?
Yes. Prior to any showing, a buyer must either be represented under a valid, written Buyer Representation Agreement or must acknowledge non-representation through an Unrepresented Buyer / Showing Form, where permitted by law.
Can an agent claim a commission without a Buyer Representation Agreement?
No. Verbal representations of agency are not sufficient. Written documentation is required to establish agency and to be eligible for any commission sharing.
What happens if an agent fails to provide written proof of representation?
The buyer will be treated as unrepresented, and any commission sharing will be solely at the discretion of the Listing Broker.
Does procuring cause override written agreements?
No. Written agreements control first. Procuring cause may only be considered if the written agreements do not already determine entitlement to compensation.
Who determines procuring cause in a dispute?
Procuring cause disputes are determined through MLS arbitration or the courts, not by the Texas Real Estate Commission.