S.B. No. 489
                                        AN ACT
    1-1  relating to the disclosure of certain information by a person
    1-2  licensed to sell real estate.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 15C, The Real Estate License Act (Article
    1-5  6573a, Vernon's Texas Civil Statutes), is amended to read as
    1-6  follows:
    1-7        Sec. 15C.  (a)  A licensee under this Act who represents a
    1-8  party in a proposed real estate transaction shall disclose that
    1-9  representation at the time of the licensee's first contact with:
   1-10              (1)  another party to the transaction; or
   1-11              (2)  another licensee who represents another party to
   1-12  the transaction.
   1-13        (b)  The disclosure required under Subsection (a) of this
   1-14  section may be made orally or in writing.
   1-15        (c)  A licensee who represents a party in a real estate
   1-16  transaction acts as that party's agent.
   1-17        (d)  Except as provided by Subsection (e) of this section, a
   1-18  licensee shall furnish to a party in a real estate transaction at
   1-19  the time of the first face-to-face meeting with the party the
   1-20  following written statement:
   1-21        "Before working with a real estate broker, you should
   1-22        know that the duties of a broker depend on whom the
   1-23        broker represents.  If you are a prospective seller or
   1-24        landlord (owner) or a prospective buyer or tenant
    2-1        (buyer), you should know that the broker who lists the
    2-2        property for sale or lease is the owner's agent.  A
    2-3        broker who acts as a subagent represents the owner in
    2-4        cooperation with the listing broker.  A broker who acts
    2-5        as a buyer's agent represents the buyer.  A broker may
    2-6        act as an intermediary between the parties if the
    2-7        parties consent in writing.  A broker can assist you in
    2-8        locating a property, preparing a contract or lease, or
    2-9        obtaining financing without representing you.  A broker
   2-10        is obligated by law to treat you honestly.
   2-11        "IF THE BROKER REPRESENTS THE OWNER:  The broker
   2-12        becomes the owner's agent by entering into an agreement
   2-13        with  the owner, usually through a written listing
   2-14        agreement, or by agreeing to act as a subagent by
   2-15        accepting an offer of subagency from the listing
   2-16        broker.  A subagent may work in a different real estate
   2-17        office.  A listing broker or subagent can  assist the
   2-18        buyer but does not represent the buyer and must place
   2-19        the interests of the owner first.  The buyer should not
   2-20        tell the owner's agent anything the buyer would not
   2-21        want the owner to know because an owner's agent must
   2-22        disclose to the owner any material information known to
   2-23        the agent.
   2-24        "IF THE BROKER REPRESENTS THE BUYER:  The broker
   2-25        becomes the buyer's agent by entering into an agreement
   2-26        to represent the buyer, usually through a written buyer
   2-27        representation agreement.  A buyer's agent can assist
    3-1        the owner but does not represent the owner and must
    3-2        place the interests of the buyer first.  The owner
    3-3        should not tell a buyer's agent anything the owner
    3-4        would not want the buyer to know because a buyer's
    3-5        agent must disclose to the buyer any material
    3-6        information known to the agent.
    3-7        "IF THE BROKER ACTS AS AN INTERMEDIARY:  A broker may
    3-8        act as an intermediary between the parties if the
    3-9        broker complies with The Texas Real Estate License Act.
   3-10        The broker must obtain the written consent of each
   3-11        party to the transaction to act as an intermediary.
   3-12        The written consent must state who will pay the broker
   3-13        and, in conspicuous bold or underlined print, set forth
   3-14        the broker's obligations as an intermediary.  The
   3-15        broker is required to treat each party honestly and
   3-16        fairly and to comply with The Texas Real Estate License
   3-17        Act.  A broker who acts as an intermediary in a
   3-18        transaction:  (1) shall treat all parties honestly;
   3-19        (2) may not disclose that the owner will accept a price
   3-20        less than the asking price unless authorized in writing
   3-21        to do so by the owner; (3) may not disclose that the
   3-22        buyer will pay a price greater than the price submitted
   3-23        in a written offer unless authorized in writing to do
   3-24        so by the buyer; and (4) may not disclose any
   3-25        confidential information or any information that a
   3-26        party specifically instructs the broker in writing not
   3-27        to disclose unless authorized in writing to disclose
    4-1        the information or required to do so by The Texas Real
    4-2        Estate License Act or a court order or if the
    4-3        information materially relates to the condition of the
    4-4        property.  With the parties' consent, a broker acting
    4-5        as an intermediary between the parties may appoint a
    4-6        person who is licensed under The Texas Real Estate
    4-7        License Act and associated with the broker to
    4-8        communicate with and carry out instructions of one
    4-9        party and another person who is licensed under that Act
   4-10        and associated with the broker to communicate with and
   4-11        carry out instructions of the other party.
   4-12        "If you choose to have a broker represent you, you
   4-13        should enter into a written agreement with the broker
   4-14        that clearly establishes the broker's obligations and
   4-15        your obligations.  The agreement should state how and
   4-16        by whom the broker will be paid.  You have the right to
   4-17        choose the type of representation, if any, you wish to
   4-18        receive.  Your payment of a fee to a broker does not
   4-19        necessarily establish that the broker represents you.
   4-20        If you have any questions regarding the duties and
   4-21        responsibilities of the broker, you should resolve
   4-22        those questions before proceeding."
   4-23        (e)  A licensee is not required to provide the written
   4-24  information under Subsection (d) of this section if:
   4-25              (1)  the proposed transaction is for a residential
   4-26  lease for not more than one year and no sale is being considered;
   4-27  or
    5-1              (2)  the licensee meets with a party who is represented
    5-2  by another licensee.
    5-3        (f)  In the written information required to be provided under
    5-4  Subsection (d) of this section, the licensee may substitute the
    5-5  word "buyer" with "tenant" and "seller" with "landlord" as
    5-6  appropriate.
    5-7        (g)  The written information required to be provided under
    5-8  Subsection (d) of this section may be printed in any format that
    5-9  uses at least 10-point type.
   5-10        (h)  A real estate broker may <not> act as an intermediary
   5-11  between the parties if <agent for more than one party to a
   5-12  transaction unless>:
   5-13              (1)  <the real estate broker, prior to entering into
   5-14  any written agreements to represent more than one party to the
   5-15  transaction, in accordance with the rules of the commission,
   5-16  provides the parties with the applicable agency disclosure form
   5-17  promulgated by the commission which defines common agency
   5-18  relationships, duties of the broker, and potential conflicts that
   5-19  may develop;>
   5-20              <(2)>  the real estate broker obtains <enters into>
   5-21  written consent from each party <agreements in which all parties>
   5-22  to the transaction for <consent to and authorize> the real estate
   5-23  broker to act as an intermediary in <represent more than one party
   5-24  to> the transaction; and
   5-25              (2) <(3)>  the written consent of the parties under
   5-26  Subdivision (1) of this subsection states <agreements set forth>
   5-27  the source of any expected compensation to the real estate broker.
    6-1        (i) <(b)>  A written listing agreement to represent a seller
    6-2  or landlord or a written agreement to represent a buyer or tenant
    6-3  which also authorizes a real estate broker to act as an
    6-4  intermediary in <agent for more than one party to> a transaction is
    6-5  sufficient to establish written consent of the party to the
    6-6  <agreement for the real estate broker to represent more than one
    6-7  party to the> transaction <under this section> if the written
    6-8  agreement sets forth, in conspicuous bold or underlined print, the
    6-9  real estate broker's obligations under Subsection (j) <(c)> of this
   6-10  section.
   6-11        (j) <(c)>  A real estate broker who acts as an intermediary
   6-12  between parties in <agent for more than one party to> a transaction
   6-13  <shall>:
   6-14              (1)  may not disclose to the buyer or tenant that the
   6-15  seller or landlord will accept a price less than the asking price
   6-16  unless otherwise instructed in a separate writing by the seller or
   6-17  landlord;
   6-18              (2)  may not disclose to the seller or landlord that
   6-19  the buyer or tenant will pay a price greater than the price
   6-20  submitted in a written offer to the seller or landlord unless
   6-21  otherwise instructed in a separate writing by the buyer or tenant;
   6-22              (3)  may not disclose any confidential information or
   6-23  any information a party specifically instructs the real estate
   6-24  broker in writing not to disclose unless otherwise instructed in a
   6-25  separate writing by the respective party or required to disclose
   6-26  such information by this Act or a court order or if the information
   6-27  materially relates to the condition of the property <law>; <and>
    7-1              (4)  shall treat all parties to the transaction
    7-2  honestly; and
    7-3              (5)  shall comply with this Act <and impartially so as
    7-4  not to favor one party or work to the disadvantage of any party>.
    7-5        (k)  If a real estate broker obtains the consent of the
    7-6  parties to act as an intermediary in a transaction in compliance
    7-7  with this section, the real estate broker may appoint, by providing
    7-8  written notice to the parties, one or more licensees associated
    7-9  with the broker to communicate with and carry out instructions of
   7-10  one party and one or more other licensees associated with the
   7-11  broker to communicate with and carry out instructions of the other
   7-12  party or parties.  A real estate broker may appoint a licensee to
   7-13  communicate with and carry out instructions of a party under this
   7-14  subsection only if the written consent of the parties under
   7-15  Subsection (h) or (i) of this section authorizes the broker to make
   7-16  the appointment.  The real estate broker and the appointed
   7-17  licensees shall comply with Subsection (j) of this section.
   7-18  However, during negotiations, an appointed licensee may provide
   7-19  opinions and advice to the party to whom the licensee is appointed.
   7-20        (l)  The duties of a licensee acting as an intermediary
   7-21  provided by this section supersede and are in lieu of a licensee's
   7-22  duties under common law or any other law.
   7-23        (m)  In this section:
   7-24              (1)  "Face-to-face meeting" means a meeting at which a
   7-25  substantive discussion occurs with respect to specific real
   7-26  property.  The term does not include a meeting that occurs at a
   7-27  property being held open for prospective purchasers or tenants or a
    8-1  meeting that occurs after the parties to the transaction have
    8-2  signed a contract to sell, buy, rent, or lease the real property
    8-3  concerned.
    8-4              (2)  "Intermediary" means a broker who is employed to
    8-5  negotiate a transaction between the parties subject to the
    8-6  obligations in Subsection (j) of this section and for that purpose
    8-7  may be an agent of the parties to the transaction.  The
    8-8  intermediary shall act fairly so as not to favor one party over the
    8-9  other.  Appointment by the intermediary of associated licensees
   8-10  under Subsection (k) of this section to communicate with, carry out
   8-11  instructions of, and provide opinions and advice to the parties to
   8-12  whom the licensees are appointed is a fair and impartial act.
   8-13              (3)  "Licensee" means a real estate broker or real
   8-14  estate salesman and includes a licensed associate of a licensee.
   8-15              (4)  "Party" means a prospective buyer, seller,
   8-16  landlord, or tenant or an authorized representative of a party,
   8-17  including a trustee, guardian, executor, administrator, receiver,
   8-18  or attorney-in-fact.  The term does not include a licensee who
   8-19  represents a party.
   8-20              (5)  "Subagent" means a licensee who represents a
   8-21  principal through cooperation with and consent of a broker
   8-22  representing the principal and who is not sponsored by or
   8-23  associated with the principal's broker. <(d)  The real estate
   8-24  broker shall use due diligence to assist the parties in
   8-25  understanding the consents, agreements, or instructions under this
   8-26  section in which the real estate broker is permitted to represent
   8-27  more than one party to a transaction.>
    9-1        SECTION 2.  The Real Estate License Act (Article 6573a,
    9-2  Vernon's Texas Civil Statutes) is amended by adding Section 15F to
    9-3  read as follows:
    9-4        Sec. 15F.  (a)  A party is not liable for a misrepresentation
    9-5  or a concealment of a material fact made by a licensee in a real
    9-6  estate transaction unless the party knew of the falsity of the
    9-7  misrepresentation or concealment and failed to disclose the party's
    9-8  knowledge of the falsity of the misrepresentation or concealment.
    9-9        (b)  A licensee is not liable for a misrepresentation or a
   9-10  concealment of a material fact made by a party in a real estate
   9-11  transaction unless the licensee knew of the falsity of the
   9-12  misrepresentation or concealment and failed to disclose the
   9-13  licensee's knowledge of the falsity of the misrepresentation or
   9-14  concealment.
   9-15        (c)  A party or a licensee is not liable for a
   9-16  misrepresentation or a concealment of a material fact made by a
   9-17  subagent in a real estate transaction unless the party or licensee
   9-18  knew of the falsity of the misrepresentation or concealment and
   9-19  failed to disclose the party's or licensee's knowledge of the
   9-20  falsity of the misrepresentation or concealment.
   9-21        (d)  The provisions of this section shall prevail over common
   9-22  law and any other law.  This section does not diminish a real
   9-23  estate broker's responsibility for the acts or omissions of the
   9-24  broker's salespersons associated with or acting for the real estate
   9-25  broker, as provided by Section 1 of this Act.
   9-26        (e)  In this section, "licensee," "subagent," and "party"
   9-27  have the meaning assigned to those terms by Section 15C of this
   10-1  Act.
   10-2        SECTION 3.  (a)  This Act takes effect January 1, 1996.
   10-3        (b)  This Act applies prospectively to transactions for the
   10-4  sale or lease of real estate negotiated and effective on or after
   10-5  January 1, 1996, and does not affect binding agreements for the
   10-6  sale or lease of real estate negotiated and effective, but not
   10-7  closed, prior to the effective date of this Act.
   10-8        SECTION 4.  The importance of this legislation and the
   10-9  crowded condition of the calendars in both houses create an
  10-10  emergency and an imperative public necessity that the
  10-11  constitutional rule requiring bills to be read on three several
  10-12  days in each house be suspended, and this rule is hereby suspended.