Can the Broker Contact Information section on Page 10 of the 1-4 Family Residential Contract (Resale) (TXR 1601, TREC 20-19) be used in place of the Texas REALTORS® Intermediary Relationship Notice (TXR 1409)?No, the Broker Contact Information section is not a substitute for the Texas REALTORS® Intermediary Relationship Notice (TXR 1409). The purpose of the Broker Contact Information section is to identify the brokers and sales agents involved in the transaction and provide their contact information. It does not contain the disclosures regarding intermediary representation, the broker’s role as intermediary, or the acknowledgements included in TXR 1409.
The notice serves important functions that are not addressed by the Broker Contact Information section. Specifically, TXR 1409:
Serves as reaffirmation by the seller and buyer of the prior consent they gave in writing to the broker to act as an intermediary in the transaction
Allows the broker to satisfy the requirement to provide written notice to all parties of the appointment of associated license holders to each side of the transaction if such appointments are made.
If an intermediary relationship exists, license holders should continue to comply with the applicable requirements of the The Real Estate License Act (TRELA) and any brokerage policies regarding intermediary disclosures. The addition of the Broker Contact Information section does not eliminate the need for TXR 1409 when that form is otherwise being used to document the intermediary relationship and any appointments.