Is my realtor required by law to be on the premises when I have an “Open House” for my property?

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Is my realtor required by law to be on the premises when I have an “Open House” for my property?

My realtor tells me they don’t advertise “Open House” for their listings. When I almost insisted that they do so  twice a month, she informed me that by TX law she is required to be on the premises if she publicizes an Open House. This is my 3rd house in TX and I have never been told this before. They also don’t have agent tours for new listings. So what by law can I expect from them for the 6% commission they are charging?

Asked on August 23, 2010 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

To act ethically, submit all offer a diligently and honestly, to keep confidential information confidential unless permitted by the seller or buyer - these are just a few of the ramblings fro the Texas Code of Realtors Professional Ethics.  Reasonably they are to act in your bet interest and to obtain a buyer.  How they do that could be in a number of different ways.  Although a local attorney may best tell you what "the law" is with regard to open houses, reasonably why would one be advertised if they could not be there to meet and greet prospective buyers and try and make a sale?  But I think that it is your right to insist that they are proactive and not passive in trying to sell your home.  How long is the agreement?  You may want to consider ending it with this realtor, re-negotiating the commission and/or the right to sell it on your own.  Good luck.


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