Who Represents You, and Who Doesn't
This is the article I'd hand someone on their first day of looking in Texas. There are a lot of people involved in a real estate transaction, most of them are helpful, and almost none of them work for you. Understanding which is which is the difference between using the process well and assuming someone is watching your back when nobody is.
The short answer
Your agent represents you, within the limits of a real estate license. The specialists you hire report to you. Everyone else — the title company, the appraiser, the builder's sales rep, the other side's agent — has a different role.
Who represents you
Your real estate agent. Within the scope of a real estate license. Texas requires agents to provide written information explaining brokerage services and representation — read it, and ask questions about anything unclear.
What an agent cannot do: give legal advice, give tax advice, or practice any other licensed profession. That's a boundary, not a limitation of the individual.
Specialists you hire. Your home inspector. A structural engineer. A shoreline specialist. A surveyor you commission. A roofer you engage for an assessment. All report to you.
An attorney, if you hire one. Texas doesn't require one for a residential closing. When your situation is unusual, they're the only person whose job is representing your legal interests.
A CPA, if you hire one. For anything tax-related.
Who doesn't
The title company. Handles escrow, title, and closing. Serves the transaction. Neutral, helpful, and not your advocate.
The appraiser. Provides an independent opinion of value in connection with the lender's loan. Not yours, not the seller's.
The lender. Lends their money. Interests align on closing the loan; they don't necessarily align on which loan is best for you.
The builder's sales representative. Employed by the builder.
The other side's agent. Represents the other party.
The seller's inspector, if there was a pre-listing inspection. Reported to the seller.
The association's management company. Works for the association.
Your insurance agent. Generally compensated by the carrier. Usually genuinely helpful; not a representative in a dispute.
None of this is cynical. Every one of these people has a legitimate role and most do it well. The point is knowing what the role is.
What this changes practically
Ask the right person. "What does this clause mean for me?" is not a title company question. "Is this a good price?" is not an appraiser question. "Should I take this loan?" is worth asking a second lender.
Hire your own eyes. The specialists who report to you are the ones you're paying to protect your interests. Don't skip them to save money — that's the one category where the saving isn't worth it.
Read what you're given. The brokerage services information, the title commitment, the loan estimate, the association documents, the contract. Nobody reads them for you.
Escalate when it matters. If something has real legal or financial consequence and you don't understand it after asking your agent, that's an attorney or a CPA.
The question worth asking anyone
"Who are you working for in this transaction?"
It's a completely normal question. Everyone in this business should be able to answer it plainly, and anyone who can't or won't is telling you something.
If you're relocating from another state
Two adjustments.
Texas closes through title companies, not attorneys. If you're from an attorney state, nobody will be at the table representing you unless you hire them. A document review is a reasonable expense if the system is unfamiliar.
Contracts are standard promulgated forms. Agents fill in blanks; they don't draft. If your transaction needs custom language, that's a lawyer.
What this looks like on Lake Conroe
One addition specific to waterfront.
The shoreline is where the most consequential unknowns sit, and it's the area where the standard cast of characters covers the least. Your general inspector doesn't evaluate it. The title company doesn't verify permitting for you.
That part is on you and the specialists you hire. Book a shoreline specialist and call the permitting authority yourself. On this lake, those are the two things nobody else is doing.
Questions I get about this
Is my agent really on my side?
Within the scope of the license, yes — and that scope is broad. Read the brokerage services information you're given and ask how representation works in your transaction.
Can one agent represent both sides?
Texas has rules addressing this. Ask your agent to explain the arrangements and what each means for you.
Who should I call first when something goes wrong?
Your agent. They'll tell you whether it's theirs to handle or whether you need someone else.
This article is general information about how Texas transactions are commonly structured. It is not legal advice, and I am not an attorney. Consult a licensed Texas attorney about your specific situation.
