In Texas, the questions that matter most before you hire an agent are about three things: the written agreement you will sign, how the agent is paid, and whether the agent can read the documents Houston houses come with, from the seller’s flood disclosure to the utility district notice to a builder’s contract. A good answer is specific and checkable. A worrying one is a promise.

This list is written by Energy Realty, a west Houston brokerage with offices in the Energy Corridor and in Katy. Take it into every interview, including ours. The questions are grouped for buyers, for sellers and for households relocating from elsewhere, and each one comes with the answer to listen for and the answer that should give you pause.

Two checks before the first call

The license. The Texas Real Estate Commission’s consumer protection notice tells consumers they can check the status of a license holder at trec.texas.gov and send a complaint there. Look up the agent and the sponsoring broker: every sales agent must be sponsored by a broker, and the broker is responsible for the brokerage activities of the sales agents it sponsors.

The brokerage notice. With limited exceptions, such as an open house, Texas requires an agent to give you the Information About Brokerage Services notice at the first substantive communication about a specific property. It lists the broker’s minimum duties, starting with putting the interests of the client “above all others, including the broker’s own interests,” and it states that agents’ fees are not set by law. If an agent is discussing a particular house with you and has not given you this notice, ask for it.

Sources: Texas Real Estate Commission, Consumer Protection Notice (CN 1-5) and Information About Brokerage Services (IABS 1-2, effective January 1, 2026); Texas Occupations Code Section 1101.558. Retrieved September 15, 2026.

Questions for buyers

1. What will our written agreement say, and can I read it before we tour?

Since January 1, 2026, Texas Occupations Code Section 1101.563 requires an agent working for a buyer of residential property to sign a written agreement with the buyer before showing any home, or before presenting an offer if no home is shown. The agreement must state the services the agent will provide, the termination date, whether it is exclusive or non-exclusive, the agent’s representation status, and the amount or rate of compensation and how it will be determined, with notice that compensation is not set by law and is fully negotiable. Texas REALTORS members can use the Residential Buyer/Tenant Representation Agreement in its long form (TXR 1501) or short form (TXR 1507).

Listen for: an agent who hands you the agreement before the first showing and walks you through the term, the exclusivity and the termination date.

Worry if: the agent wants a signature at the front door, or cannot tell you when the agreement ends.

2. How are you paid, and what happens if the seller does not pay it?

The state’s brokerage notice says it directly: “A buyer/tenant’s agent fees are not set by law and are fully negotiable.” For agents who are MLS participants, the practice rules that followed the National Association of REALTORS’ 2024 settlement add that compensation in a buyer agreement “must be objectively ascertainable and may not be open-ended.” An agreement cannot simply say the agent will take whatever the seller is offering.

Listen for: a number or a rate in writing, and a clear answer about what happens when a seller offers less than that or nothing at all.

Worry if: “Don’t worry about it, the seller pays.”

3. If I only want to see one house, what do I sign?

Texas now allows an agent to show a home to a buyer without representing them, but only under a written agreement with limits. The Commission’s notice says that agreement “may not be exclusive and must be limited to no more than 14 days.” You get access, not advice.

Listen for: an agent who explains the difference between being shown a house and being represented on it.

Worry if: a showing form that runs longer than 14 days or says it is exclusive.

4. Would you ever represent the seller on a house I want to buy?

In Texas, one broker can act as an intermediary between both parties only if the broker “obtains written consent from each party,” and that consent must state the source of any expected compensation. An intermediary must not, without written authorization, tell the seller that you would pay more than your written offer, or tell you that the seller would accept less than the written asking price. With written consent, the broker can appoint a different agent to each side.

Listen for: the agent raising this before it happens and explaining what they could and could not tell each side.

Worry if: “It’s no problem, I can do both,” with no mention of written consent.

5. Which homes like the ones I want have you helped buyers close on here in the last year?

Ask for addresses in your subdivision or price range, and look them up. An agent who works an area can usually name several. An agent who does not will talk about the market in general.

Listen for: specific addresses and what the agent learned from each one.

Worry if: “I sell all over Houston,” and no addresses.

6. Can you walk me through a seller’s disclosure?

The Commission’s Seller’s Disclosure Notice, Form 55-1, effective May 28, 2026, is the current version of the Texas seller’s disclosure form. Since SB 339 took effect on September 1, 2019, the statutory disclosure has asked about flooding in detail, including whether the seller is aware of previous flooding due to a failure or breach of a reservoir or a controlled or emergency release of water from a reservoir. In west Houston, near the Addicks and Barker reservoirs, that line matters.

Listen for: an agent who goes to the flood questions first and knows how to look up the FEMA zone and the reservoir flood pools for the address. Our flood-zone guide shows how.

Worry if: “It’s a standard form.”

7. What will the utility district notice tell me?

Much of west Houston and Katy is served by municipal utility districts, which levy their own property tax to repay the bonds that built the water, sewer and drainage. Texas Water Code Section 49.452 requires the seller to give the purchaser a written notice about the district. It is one of the pages that most affects what a Katy home costs to own.

Listen for: the district’s name and roughly where its rate stands, before you make an offer. Our MUD and property-tax guide shows how to read the notice.

Worry if: “Taxes are about the same everywhere out here.”

8. Will you come to the builder’s sales office with me?

The sales representative in a model home works for the builder. Bring your own agent to the first visit, and ask the builder for its agent-registration policy in writing; a builder may decline to recognize representation added afterward.

Listen for: yes, and a plan for the lot premium, the incentives, the inspections and the warranty.

Worry if: “Just register yourself and call me when you pick a plan.”

Sources: Texas Legislature, SB 1968 (89th Legislature), enrolled bill, effective January 1, 2026 (Texas Occupations Code Section 1101.563); Texas Real Estate Commission, IABS 1-2 and article on 2026 buyer and tenant representation changes (January 7, 2026); Texas REALTORS, NAR settlement and forms changes FAQ (updated September 8, 2025); Texas Occupations Code Section 1101.559; Texas Real Estate Commission, Seller’s Disclosure Notice (Form 55-1); Texas Property Code Section 5.008; Texas Water Code Section 49.452. Retrieved August 24 and September 15, 2026.

Questions for sellers

1. How did you arrive at that price?

A list price should come from recent sales of comparable homes nearby, adjusted for the differences, and in west Houston those differences include the flood zone, the utility district and, in Memorial, which Village the house is in.

Listen for: specific comparable sales and the reasoning behind each adjustment.

Worry if: the highest number in the room, with no comparable sales behind it.

2. What does the listing agreement say about the term, the fee and cancellation?

The state’s brokerage notice says an owner’s agent’s fees, like a buyer’s agent’s, are not set by law and are fully negotiable. Read the term and how the agreement can end before you sign.

Listen for: a clear term and a clear answer about what happens if you want to end it.

Worry if: a long exclusive term presented as standard.

3. How will you handle the seller’s disclosure?

The flood questions on the Texas disclosure are specific, and the answers are yours to give. An agent should make sure you understand each flood item, including the reservoir question, before you sign. If you are leasing the home instead, Texas Property Code Section 92.0135 requires landlords to give tenants a written flood notice on leases entered into on or after January 1, 2022.

Listen for: an agent who treats the disclosure as protection for you, not as paperwork.

Worry if: advice to leave anything blank.

4. Who will actually show the house and take the calls?

Under Texas law the broker is responsible for the sales agents it sponsors, but day to day you will deal with a person. Ask who that is, how quickly they respond, and who covers when they are away.

Listen for: names and a response time.

Worry if: “My team handles all of that.”

5. What happens if it has not sold in the first few weeks?

Ask for the plan before you need it: when the agent will review the showings and the feedback with you, and what they would recommend changing first.

Listen for: a review date and specific options.

Worry if: “It will sell.”

Sources: Texas Real Estate Commission, IABS 1-2; Texas Property Code Sections 5.008 and 92.0135. Retrieved August 24 and September 15, 2026.

If you are relocating or buying from abroad

• “Should I buy now or lease first?” For a two- or three-year assignment, our usual advice is to lease first and learn the commute, the school assignment and the parcel-level flood and tax picture before buying. An agent who never asks how long your assignment is has skipped the most important question. Our relocation guide sets out a sequence that works.
• “Have you worked with a corporate relocation policy like mine?” Relocation has its own credentials. Worldwide ERC describes its CRP as “the industry standard for acknowledging expertise in managing talent mobility within the U.S.”
• “Which languages does your team work in?” Ask who, specifically, will handle your file in your language.
• “Does the Texas law on foreign buyers affect me?” Texas SB 17, relating to the purchase or acquisition of an interest in real property by certain aliens or foreign entities, took effect September 1, 2025. An agent should flag it and point you to a Texas real estate attorney for your situation rather than answer it for you.

Sources: Worldwide ERC, CRP certification page; Texas Legislature, SB 17 (89th Legislature), enrolled bill. Retrieved August 24 and September 15, 2026.

Answers that should worry you

• A guaranteed sale price or closing date.
• Pressure to sign an exclusive agreement before the term and the fee have been explained.
• “The seller pays, so it costs you nothing.” The Texas notice says fees are negotiable, and your written agreement states the compensation.
• No answer on the reservoir question in the seller’s disclosure, or on the utility district notice.
• “Number one” or “best in Houston” with no named source and year.
• An offer to represent both sides with no mention of written consent.
• No addresses when you ask about recent closings.

The one-page checklist

Interview us with this list

We wrote this list knowing you will use it on us. Our answers start here. Energy Realty is the business name of Sherry Campbell & Associates I, TREC broker license 9007682, and our designated broker, Sherry Campbell, holds Texas broker license 405210. Our Information About Brokerage Services notice is on the Commission’s current form. When we checked on August 24, 2026, our HAR office record showed a Client Experience Rating of 4.98 out of 5 from 677 completed surveys. For how to weigh records like these against the “best agent” lists, see our guide to choosing the best real estate agent in the Energy Corridor, Memorial or Katy.

Sources: Texas Real Estate Commission license records (via TREC mirror, retrieved August 24, 2026); Energy Realty, Information About Brokerage Services (dated 11-03-2025); HAR.com office record, checked August 24, 2026.

Frequently Asked Questions