REALTORS® have an obligation under Article 1 of the Code of Ethics to promote the interests of their clients while treating all parties honestly. Texas Real Estate Commission rules require real estate practitioners in Texas treat people fairly.
While the Code of Ethics and TREC rules allow real estate brokers to “shop” the terms of offers (if not prohibited by law, regulation, or confidentiality agreement), disclosing terms of an offer to some prospective buyers and not to others or handling certain offers differently can open you up to accusations of dishonesty or unfair treatment.
Also keep in mind that clients can choose to disclose offer terms. For example, a seller could shop the terms of an offer to potential buyers in hopes of soliciting stronger offers. The choice of what to disclose about offers is the client’s alone.
Buyers should be made aware that sellers are under no obligation to keep the terms of an offer confidential unless the seller has agreed to keep them confidential. This does not relieve you of your duty as a REALTOR® to report any willful discrimination or fraud.