Revised Forms Available for Voluntary Use, Mandatory Use Begins February 1, 2023

The form revisions adopted by the Texas Real Estate Commission in early November are now available for voluntary use until February 1, 2023, when their use becomes mandatory. The only exception is the revised Notice to Prospective Buyer (TREC 57-0) form, which will remain a voluntary use form.

Revised Forms Available for Use

• Amendment (TREC 39-9)
• Farm and Ranch Contract (TREC 25-15)
• New Home Contract (Completed Construction) (TREC 24-18)
• New Home Contract (Incomplete Construction) (TREC 23-18)
• One to Four Family Residential Contract (Resale) (TREC 20-17)
• Residential Condominium Contract (Resale) (TREC 30-16)
• Unimproved Property Contract (TREC 9-16)
• Addendum for Property Subject to Mandatory Membership in a Property Owners Association (TREC 36-10)
• Addendum for Reservation of Oil, Gas and Other Minerals (TREC 44-3)
• Addendum Regarding Fixture Leases (TREC 52-1)
• Addendum Regarding Residential Leases (TREC 51-1)
• Loan Assumption Addendum (TREC 41-3)
• Seller Financing Addendum (TREC 26-8)
• Third Party Financing Addendum (TREC 40-10)

When Will Revised Forms Be Available Through Form Vendors?

TREC is not affiliated with third-party form vendors, including zipForm. Any questions related to when TREC forms will be available in zipForm should be directed to Texas Realtors, or your other forms vendor.

How Did These Latest Form Changes Come About?

The Texas Real Estate Commission at its August 2022 meeting proposed form revisions recommended by the Texas Real Estate Broker-Lawyer Committee (BLC). After the revisions were proposed in August, the public had an opportunity to comment on all of the proposed changes, with 123 comments received.

The BLC met in October to discuss each comment individually. The committee made some non-substantive changes based on that feedback, and recommended the forms be adopted at the November TREC Meeting. The Commission adopted the revised forms, and their use becomes mandatory on February 1, 2023.

Form Revision Redlines

• Notice to Prospective Buyer (Redline)
• Unimproved Property Contract (Redline)
• One to Four Family Residential Contract (Resale) (Redline)
• New Home Contract (Incomplete Construction) (Redline)
• New Home Contract (Completed Construction) (Redline)
• Farm and Ranch Contract (Redline)
• Seller Financing Addendum (Redline)
• Residential Condominium Contract (Resale) (Redline)
• Addendum for Property Subject to Mandatory Membership in a Property Owners Association (Redline)
• Amendment (Redline)
• Third Party Financing Addendum (Redline)
• Loan Assumption Addendum (Redline)
• Addendum for Reservation of Oil, Gas, and Other Minerals (Redline)
• Addendum Regarding Residential Leases (Redline)
• Addendum Regarding Fixture Leases (Redline)

Why Does it Seem Like the Forms Always Change?

These aren’t static, simple contracts. The purpose of the BLC is to review contracts with an eye toward consumer protection and the current state of the industry in Texas. The BLC is an advisory body composed of six attorneys appointed by the president of the State Bar of Texas, six brokers appointed by TREC, and one public member appointed by the governor. The last time TREC forms were revised was in 2020.

TREC does not promulgate listing or buyer representation agreements, property management contracts, forms for commercial property, or residential leases (other than temporary residential leases used in connection with a sale). Contact your attorney or a real estate trade association for such forms. TREC is not involved in drafting real estate trade association forms, so all questions about or suggestions for these forms should be directed to the association.

Who Can Use TREC Forms?

Real estate license holders are required to use Texas Real Estate Commission forms. As public records, contract forms adopted by TREC are available to any person but are intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use. Mistakes in using a form may result in financial loss or a contract which is unenforceable.