Disclosure

TXR 1409 — Intermediary Relationship Notice

This form notifies the seller/landlord and buyer/tenant that the broker's firm represents both parties and will act as an intermediary in the transaction. It identifies whether the broker will appoint licensed associates to communicate with each party and, if so, names those appointees. The form als

Source: TXR
Form Number: 1409
Category: Disclosure
Revised: August 23, 2024

Used For

Residential Sales, RESIDENTIAL_LEASING, Commercial Sales, Farm & Ranch, Vacant Land

Form Outline

The TXR 1409 form is organized into the following sections:

  1. Consent Requirement Warning
    A prominent warning that this notice alone does not provide the legally required written consent for intermediary status. Consent must already exist in the listing and buyer/tenant representation agreements per Section 1101.559 of the Texas Occupations Code.
  2. To / From / Re / Date
    Identifies the parties (seller/landlord and buyer/tenant), the broker's firm, the property, and the date the notice is given.
  3. A. Definitions
    Establishes defined terms used throughout the notice. 'Owner' refers to the seller or landlord, and 'prospect' refers to the buyer or tenant.
  4. B. Dual Representation Disclosure
    Discloses that the broker's firm has representation agreements with both parties -- a listing agreement with the owner and a buyer/tenant representation agreement with the prospect.
  5. C. Prior Authorization and Intermediary Action
    Confirms that both parties previously gave written authorization for the broker to act as an intermediary, and that the broker will follow the terms of those authorizations when the prospect makes an offer.
  6. D. Appointment of Licensed Associates
    "Broker ❑ will or ❑ will not appoint licensed associates to communicate with, carry out instructions of, and provide opinions and advice during negotiations to each party. If Broker makes such appointments, Broker appoints: ____ to the owner; and ____ to the prospect."
  7. E. Reaffirmation of Consent
    The parties' signatures acknowledging receipt of this notice also serve as a reaffirmation of their previously given written consent for the broker to act as an intermediary.
  8. F. Additional Information
    Space for the broker to disclose material information related to Broker's relationship to the parties, such as personal relationships or prior or contemplated business relationships. The paper prints no rule here — the text is written into the white space under the heading (about two lines).
  9. Broker Compensation Statement
    A mandatory disclaimer clarifying that broker compensation is not fixed or set by any association, MLS, or law, and is fully negotiable.
  10. The Undersigned Acknowledge Receipt of This Notice
    Two rows of "Seller or Landlord … Date" / "Prospect … Date" rules for the parties to acknowledge receipt (co-owners and co-buyers on the second row). All are e-sign tabs placed when the form is sent; this revision has no broker signature line.

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