The Texas Real Estate Commission (TREC) regulates licensed real estate agents, brokers, inspectors, and other real estate professionals in the state. Obtaining experienced legal counsel to represent your interests in disciplinary proceedings before the TREC can be a substantial step in reaching a positive outcome in your case. Therefore, if you are facing disciplinary investigations, complaints, or formal proceedings, you should consult a real estate license defense attorney for help.
Usage of the Updated IABS Form is Mandatory
TREC recently announced an updated Information About Brokerage Services (IABS) form, which explicitly states that since brokerage fees are not set by law, they are negotiable. Usage of the new form became mandatory on April 1, 2025.
Under Texas law, brokers and sales agents are required to provide written notice of specific information about brokerage services at their first substantive contact with certain individuals, including prospective buyers, tenants, sellers, and landlords. The IABS form satisfies that legal requirement by outlining the role of brokers and real estate sales agents in real estate transactions. The form covers the following subjects:
- The different types of real estate license holders;
- Legally required duties of brokers;
- Representation;
- Written agreements and commissions; and
- Contact information for brokers and sales agents.
Requirements for Displaying the IABS Form on Websites and Social Media
Licensed brokers and sales agents must provide a completed IABS form on the homepage of their business website in a readily noticeable and accessible location. Business websites include all public websites controlled by a licensee that contain information about their real estate brokerage services. The law also requires that the text containing the hyperlink to the IABS form must be one of the following:
- Texas Real Estate Commission Information About Brokerage Services (in at least 10-point font); or
- TREC Information About Brokerage Services (in at least 12-point font)
If a licensee uses social media pages for business purposes, those pages must also comply with the above guidelines. For instance, licensees might include a hyperlink to the IABS form in the “bio” or “about” section or a link to the business website page that displays the IABS form.
Providing the IABS Form for a Party
A licensee can provide an IABS form to comply with state law in various ways, including:
- Handing a printed copy of the completed IABS form directly to the consumer;
- Mailing a printed copy of the completed IABS form to the consumer via first-class mail or overnight common carrier delivery service;
- Attaching the completed IABS document to an email and mentioning in the body of the email you have attached the form; or
- Insert a hyperlink to the completed IABS document in the body of the email above the signature line and mention that you have included the link.
Is it sufficient to provide a hyperlink to the IABS form in an email signature block or a footnote to an email?
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No, TREC Rule 531.20(d) specifically states that providing a hyperlink to the IABS form in an email signature block or a footnote to the email is insufficient to comply with state law.
Must real estate sales agents and brokers only use the TREC-issued IABS form?
Real estate sales agents and brokers may reproduce the TREC-issued IABS form to prefill the broker contact information. However, if agents or brokers reproduce the form, they must copy the text of the IABS form verbatim. Additionally, the spacing, borders, and placement of text on the page must match the TREC-issued IABS form exactly.
Are there any circumstances in which sales agents and brokers are exempt from providing the IABS form?
Under Tex. Occ. Code §1101.558, sales agents and brokers need not provide the IABS form under the following circumstances:
- The proposed transaction is for a residential lease for less than one year, and a sale is not being considered;
- The license holder meets with a party who the license holder knows is represented by another license holder; or
- The communication occurs at a property that is held open for any prospective buyer or tenant, and the communication concerns that property.
We Can Advocate for Your Interests in Disciplinary Proceedings Before TREC
The real estate license defense lawyers of Bertolino LLP can help guide you through the disciplinary complaint process. No matter what the allegations against you, we are here to represent your interests and minimize the negative effects of a complaint on your real estate license and career. We can help resolve the case against you and maintain your licensure or certification. Call us today at (512) 980-3751 to reach the offices of Bertolino LLP or contact us online.
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