TREC - Texas Real Estate Commission Practice Test

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Texas real estate commission fillable forms are the backbone of every legitimate real estate transaction in the Lone Star State. The Texas Real Estate Commission (TREC) mandates the use of promulgated contract forms for most residential transactions, meaning agents cannot substitute their own contracts or use forms drafted by attorneys unless specific exemptions apply. Understanding which forms are required, how to access them, and how to complete them accurately is one of the most critical competencies any licensed Texas agent must develop before closing their very first deal.

Texas real estate commission fillable forms are the backbone of every legitimate real estate transaction in the Lone Star State. The Texas Real Estate Commission (TREC) mandates the use of promulgated contract forms for most residential transactions, meaning agents cannot substitute their own contracts or use forms drafted by attorneys unless specific exemptions apply. Understanding which forms are required, how to access them, and how to complete them accurately is one of the most critical competencies any licensed Texas agent must develop before closing their very first deal.

TREC first began promulgating standardized contract forms in the 1970s, and the library has grown considerably since then. Today the agency maintains a robust collection of fillable PDF forms available directly on the TREC website at no cost to licensees or consumers.

These forms cover everything from one-to-four family residential contracts to commercial leases, disclosure addenda, and license applications. Each form carries a form number and a revision date printed in the lower corner, and agents are always required to use the most current approved version โ€” using an outdated form, even by accident, can expose a broker to disciplinary action.

The practical benefit of standardized fillable forms is consistency and consumer protection. When every agent in Texas uses the same one-to-four family residential contract, buyers and sellers can compare offers side by side without decoding wildly different document structures. Attorneys, title companies, and mortgage lenders also appreciate the predictability because they process the same form language hundreds of times per year. This uniformity reduces errors, speeds closings, and gives the courts a well-established body of case law interpreting the exact language in use today.

Completing these forms correctly, however, requires more than just typing names and prices into blank fields. Many sections contain legal language that agents must understand well enough to explain to clients without crossing into the unauthorized practice of law. Knowing where the blanks are, what options to select in checkbox fields, and when to attach a trec fillable forms addendum to modify or supplement the base contract is essential knowledge for every transaction.

TREC updates its forms periodically, typically with an effective date that gives the industry several months of transition time. During the transition window, agents may use either the old or the new version. Once the effective date passes, only the new version is acceptable. Staying current requires checking the TREC website regularly, subscribing to industry newsletters, or relying on your brokerage's transaction management software, which usually updates form libraries automatically when new versions are released.

This guide walks you through the complete landscape of TREC fillable forms โ€” from the core residential contracts to disclosure forms, license applications, and specialty addenda. Whether you are a newly licensed agent preparing for your first transaction or an experienced broker looking to refresh your compliance knowledge, the sections below provide the detail and context you need to work with these forms confidently and correctly every time.

TREC Fillable Forms by the Numbers

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100+
Active TREC Forms
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1970s
Forms Promulgated Since
โฑ๏ธ
180 days
Typical Transition Window
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$0
Cost to Download
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8
Promulgated Contract Forms
Test Your Knowledge of Texas Real Estate Commission Fillable Forms

Core Types of TREC Fillable Forms

๐Ÿ“‹ Promulgated Contract Forms

The mandatory residential and commercial contracts all licensed agents must use. The most common is the One to Four Family Residential Contract (Resale), used for the vast majority of home purchase transactions across Texas.

โœ๏ธ Addenda and Amendments

Supplementary forms that attach to a base contract to modify terms, add contingencies, or address special circumstances such as third-party financing, property condition exceptions, or HOA right-of-first-refusal provisions.

๐Ÿ›ก๏ธ Disclosure Forms

Required notices given to buyers and sellers, including the Information About Brokerage Services (IABS) form and the Consumer Protection Notice โ€” both of which must be displayed or delivered at the first substantive communication.

๐ŸŽ“ License Application Forms

Forms used to apply for, renew, transfer, or update a Texas real estate license, including salesperson and broker applications, fitness determinations, and change-of-address notifications.

๐Ÿ”Ž Inspection and Disclosure Reports

Forms such as the Seller's Disclosure Notice and related inspection-related addenda that document property condition information buyers are entitled to receive before completing a purchase.

Accessing TREC fillable forms is straightforward: navigate to the official TREC website at trec.texas.gov, click the "Forms" tab in the main navigation, and you will find every current form organized by category. The site offers each form as a fillable PDF, meaning you can open it in Adobe Acrobat or a compatible PDF viewer, type directly into the designated fields, save a copy, and print or email the completed document. No subscription or login is required to download standard transaction forms, which keeps the process accessible for all licensees regardless of budget or brokerage affiliation.

Many brokerages and transaction management platforms โ€” including Zipforms, SkySlope, and dotloop โ€” embed the current TREC library directly into their workflow tools. These platforms automatically populate agent and broker information, track form versions, and alert users when a new revision becomes effective. If your brokerage uses one of these systems, you will likely never need to download raw PDFs from the TREC site, but understanding where the authoritative source lives remains important for compliance purposes and for situations where a client or co-op agent questions the form's authenticity.

When completing a fillable form, start by confirming the form number and revision date in the lower left or lower right corner match the currently approved version. TREC lists effective dates on its website, and many forms display a header note during transition periods indicating whether the old or new version is acceptable. Date discrepancies are one of the most common compliance issues flagged during broker audits, so building a habit of checking the version before completing any form will save you significant headaches down the road.

Fields in TREC contracts fall into three categories: blanks that require typed or handwritten entries (prices, dates, names), checkboxes that require selection between options, and sections left intentionally blank for special provisions. The Special Provisions paragraph โ€” Paragraph 11 in the One to Four Family Residential Contract โ€” is the most frequently misused section in all of Texas real estate.

Agents are only permitted to insert factual statements and business details that are not covered elsewhere in the contract. Inserting language that creates legal obligations, modifies other paragraphs, or functions as a legal agreement constitutes the unauthorized practice of law, which is both a TREC violation and a criminal offense under Texas statutes.

Signatures and initials are required in specific locations on most TREC contracts. The buyer and seller must sign the final signature block, but many addenda and option provisions also require initials from both parties. Failing to obtain required initials โ€” particularly on the Third Party Financing Addendum or the Addendum for Property Subject to Mandatory Membership in a Property Owners Association โ€” can render those addenda unenforceable, potentially exposing your client to unexpected financial obligations at closing.

Electronic signatures are fully valid under Texas law and TREC rules, provided both parties consent to electronic execution. Most transaction management platforms support e-signature through integrations with DocuSign, Authentisign, or similar services. When using e-signature, the platform timestamps each signature and initial, creating an audit trail that is actually more defensible than a wet signature with no timestamp. Always retain signed copies in your transaction file for at least four years, which is the minimum records retention period TREC requires for licensed brokers.

Understanding how forms interconnect is equally important as knowing how to fill them out individually. The base One to Four Family Residential Contract references multiple addenda by name in specific paragraphs, creating a document chain where each addendum modifies or supplements a particular section of the main agreement.

For example, Paragraph 3 references the Third Party Financing Addendum, Paragraph 4A references the Addendum for Sale of Other Property by Buyer, and Paragraph 6D references the Addendum for Property Subject to Mandatory Membership in a Property Owners Association. Agents who understand this architecture can build a complete, consistent contract package that accurately reflects every negotiated term without gaps or contradictions.

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Key Sections of TREC Contract Forms Explained

๐Ÿ“‹ Sales Price & Financing

Paragraph 3 of the One to Four Family Residential Contract establishes the total sales price and breaks it into two components: the sum payable in cash at closing and the sum financed through third-party lending, seller financing, or assumption of an existing mortgage. Agents must ensure these two figures add up exactly to the stated sales price โ€” a discrepancy, even of a single dollar, creates a contractual ambiguity that can delay closing or trigger lender underwriting questions. Always cross-check the math before submitting the executed contract to the title company.

When the buyer is using conventional, FHA, or VA financing, agents must attach the Third Party Financing Addendum and check the appropriate loan type box. This addendum gives the buyer the right to terminate and receive the earnest money back if financing falls through under specific conditions โ€” but only if the addendum is properly executed and attached. Omitting this addendum on a financed transaction is a serious error that strips the buyer of a critical contractual protection and may expose the listing agent and buyer's agent to liability claims if the deal collapses due to financing failure.

๐Ÿ“‹ Earnest Money & Title

Paragraph 5 addresses earnest money โ€” who holds it, what amount is required, and how quickly it must be delivered to the escrow agent. TREC forms do not specify a minimum earnest money amount; that figure is negotiated between the parties and inserted in the blank. However, industry custom in most Texas markets runs between one and two percent of the sales price, and low earnest money deposits can signal weak buyer commitment to motivated sellers evaluating competing offers. The form also designates the title company or attorney who will hold the funds.

Title commitment review is governed by Paragraph 6, which gives the buyer a specified number of days to review the title commitment and raise objections. Agents must enter a realistic number of days in this blank โ€” typically between 20 and 30 days from the effective date โ€” that gives the title company time to issue the commitment and the buyer time to review it with an attorney if needed. Short deadlines in fast-paced markets can lead to buyers waiving legitimate title objections simply because they did not have enough time to review the commitment thoroughly.

๐Ÿ“‹ Inspections & Option Period

Paragraph 23 creates the option period, one of the most buyer-friendly provisions in the Texas contract and a feature that distinguishes the Texas market from many other states. For a negotiated fee paid directly to the seller, the buyer receives an unrestricted right to terminate the contract for any reason during the option period. The option fee is typically $100 to $500 or more, is non-refundable, and must be delivered to the seller โ€” not the escrow agent โ€” within three days of the effective contract date. Many transactions fail because agents confuse the option fee delivery requirement with the earnest money delivery process.

The inspection process occurs primarily during the option period. Buyers hire licensed inspectors to evaluate the property's systems and structure, then negotiate repairs or price reductions based on the inspector's findings. The TREC Addendum for Amendment to Contract (commonly called the Amendment) is used to document any agreed changes resulting from the inspection negotiation. Agents should never attempt to document post-inspection agreements by writing in the Special Provisions paragraph of the original contract โ€” the Amendment form exists specifically for this purpose and provides a cleaner, more defensible paper trail for all parties.

Pros and Cons of Using TREC Promulgated Fillable Forms

Pros

  • Standardized language reduces ambiguity and creates a consistent legal framework that courts and title companies know well
  • Free to download from the official TREC website, eliminating form licensing costs for agents and brokers
  • Regularly updated by TREC attorneys and industry stakeholders to reflect changes in Texas law and market practices
  • Consumer Protection Notice and IABS form requirements are built into the workflow, reducing the risk of disclosure violations
  • Well-recognized by lenders, title companies, and attorneys, which speeds underwriting and closing timelines
  • Fillable PDF format works with free PDF viewers and integrates with major transaction management platforms

Cons

  • Agents must actively monitor TREC announcements to catch form updates before mandatory effective dates
  • Rigid structure means unusual transaction terms can be difficult to document without straying into the unauthorized practice of law
  • Special Provisions paragraph is frequently misused, creating legal risk when agents attempt to draft custom legal language
  • Forms are available only in English, which can create communication challenges in transactions with non-English-speaking parties
  • Digital signatures require both parties to have compatible technology or email access, which can slow transactions with less tech-savvy clients
  • The sheer volume of forms and addenda means new agents face a steep learning curve before they can assemble a complete, compliant contract package
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TREC Forms Compliance Checklist for Every Transaction

Verify the form number and revision date match the currently approved version on trec.texas.gov before completing any document
Confirm the correct base contract is selected for the property type โ€” residential resale, new home, farm and ranch, or commercial
Attach all applicable addenda referenced in the base contract and check every corresponding checkbox in the main form
Deliver the Third Party Financing Addendum with the initial offer on every transaction involving lender financing
Record the option fee amount and confirm delivery to the seller โ€” not the title company โ€” within three calendar days of the effective date
Obtain buyer and seller initials on all addenda that require them, not just the signature blocks on the main contract
Complete the Seller's Disclosure Notice before listing and provide a copy to the buyer as early in the process as possible
Display or deliver the Information About Brokerage Services (IABS) form at the first substantive communication with any party
Use the TREC Amendment form exclusively for post-execution changes โ€” never write modifications into the Special Provisions paragraph
Retain fully executed copies of all forms in the transaction file for a minimum of four years from the closing date
The Option Fee Goes to the Seller โ€” Not the Title Company

One of the most common and costly mistakes Texas agents make is directing the buyer to deliver the option fee to the escrow agent alongside the earnest money. The TREC contract is explicit: the option fee must be delivered directly to the seller within three days of the effective date. Failure to deliver it correctly means the buyer technically has no option period, stripping them of the unrestricted right to terminate โ€” a potentially devastating error on a multi-hundred-thousand-dollar purchase.

Mistakes on TREC fillable forms are more common than most agents care to admit, and the consequences range from minor inconveniences to transaction-killing disputes and TREC disciplinary proceedings. The most frequently occurring errors fall into a handful of predictable categories that agents can easily avoid with a systematic review process. Understanding these failure modes in advance โ€” and why they happen โ€” is far more valuable than simply being told to proofread carefully.

Paragraph 7 of the One to Four Family Residential Contract covers property condition and is the source of frequent confusion. The paragraph contains checkboxes for whether the buyer accepts the property in its present condition, whether the buyer reserves the right to conduct inspections, and whether specific items are excluded from the transaction.

Agents sometimes check the wrong box โ€” accidentally indicating that the buyer accepts the property as-is when the client fully intends to exercise inspection rights. This error can be extremely difficult to unwind once both parties have executed the contract, and it may eliminate the buyer's contractual right to request repairs or negotiate a price reduction based on inspection findings.

Date errors are another major source of problems. The effective date of the TREC contract is not the date printed in the signature block โ€” it is the date the last party to sign delivers an executed copy to the other party or the other party's agent. Brokers are required to fill in the effective date in the broker-only information block at the bottom of the contract after confirming delivery has occurred.

Agents who treat the signature date as the effective date can miscalculate the option period expiration, title commitment deadline, and financing contingency period, potentially causing their client to miss critical deadlines without realizing it.

The Addendum for Property Located Seaward of the Gulf Intracoastal Waterway catches many agents off guard because it is mandatory for properties in specific coastal locations, yet agents who primarily work inland transactions may be unaware it exists. TREC requires this addendum for properties in designated seaward areas to ensure buyers receive disclosure about the dynamic nature of coastal property and the limitations on rebuilding after storm damage. Failing to attach a mandatory addendum creates a compliance gap that title companies may flag during the closing process, delaying the transaction and embarrassing all parties involved.

Commission errors, while not creating a TREC form compliance issue per se, frequently stem from misunderstanding how the contract interacts with the Listing Agreement and buyer's representation agreement. The One to Four Family Residential Contract does not set commission amounts โ€” those are established in the separate Listing Agreement between the seller and the listing broker.

However, Paragraph 9 of the contract does address the payment of MLS-offered compensation and other brokerage fees in a way that interacts with commitments made in the listing. Agents who have not carefully read both documents can create confusion about who gets paid what at closing, sometimes requiring last-minute amendments to resolve before the title company will disburse funds.

Form completion errors also arise from rushing. High-volume agents in competitive markets sometimes send contracts with incomplete blanks โ€” missing the survey due date, leaving the closing date field blank, or omitting the earnest money escrow agent's contact information. Title companies and co-op agents will typically catch these omissions and return the contract for correction, but the delay can cost the buyer a competitive offer in a multiple-offer situation. Developing a personal quality-control checklist โ€” similar to the compliance checklist above โ€” and running through it before every contract submission is the single most effective habit for reducing form errors.

Finally, agents should be aware that TREC's enforcement division actively investigates complaints related to improper form use. Complaints can come from co-op agents, buyers, sellers, or title companies, and they are taken seriously. Common enforcement issues include using non-promulgated forms when promulgated forms are required, drafting legal language in the Special Provisions paragraph, and failing to provide required disclosure forms.

The penalty for a first violation can range from a reprimand to a fine of several thousand dollars, and repeat violations can result in license suspension or revocation. Staying educated on form requirements through continuing education courses is not just a licensing obligation โ€” it is a genuine risk management strategy for your career.

TREC fillable forms extend well beyond real estate transaction contracts. The agency also maintains a comprehensive library of license-related forms that every active licensee needs to understand, from initial applications to renewal submissions, name or address changes, and fitness determinations for applicants with criminal histories. Navigating these administrative forms correctly is just as important as mastering the transaction contracts, because errors or omissions on license applications can trigger delays of weeks or even months in a time-sensitive licensing process.

The Salesperson License Application is the starting point for most new Texas real estate professionals. This fillable form collects biographical information, education history, fingerprinting authorization, and disclosure of any prior criminal convictions or professional license disciplinary actions. The criminal history section is particularly important: applicants must disclose all convictions, including misdemeanors, regardless of how minor or how long ago they occurred. Failure to disclose a conviction โ€” even one the applicant believes is too old or too minor to matter โ€” is treated as a separate violation, often more seriously than the underlying conviction itself.

The Fitness Determination form (FD) is available to applicants who have criminal histories or prior license disciplinary issues and want a ruling from TREC on their eligibility before investing time and money in pre-licensing education. Submitting an FD request with supporting documentation allows TREC staff to review the applicant's background and issue a preliminary determination, typically within 30 to 60 days. While not legally binding on the final licensing decision, a positive FD ruling gives the applicant reasonable confidence to proceed with education and the full application. This proactive approach is strongly recommended for anyone with a complex background.

The Broker License Application follows a similar structure to the salesperson application but adds requirements for documenting the applicant's four years of active experience as a salesperson and their business entity information if they plan to operate as a business entity brokerage.

Supporting documentation โ€” such as a list of transactions closed during the qualifying period โ€” must accompany the application, and the business entity must file its own separate registration with TREC before it can legally operate as a broker. Many applicants underestimate the documentation burden of the broker application and submit incomplete packages that are returned for supplementation, restarting the review clock.

License renewal forms are submitted through the TREC online portal rather than as traditional paper PDFs for most licensees, but the underlying data requirements mirror the paper form structure. Renewals require disclosure of any changes to criminal history since the last renewal, confirmation of completed continuing education hours, and updated contact information.

Agents who allow their licenses to expire must use the reinstatement forms and may face additional requirements depending on how long the license has been inactive. A license expired for more than two years requires the licensee to complete the full education curriculum and examination process again, as if applying for the first time.

The name and address change forms โ€” formally called the Change of Information forms โ€” are simple but critically important to file promptly. TREC uses the address on file to send all official correspondence, including renewal notices and complaint notifications.

An agent who moves and fails to update their address with TREC may miss renewal deadlines or, more seriously, miss notice of a complaint filed against them, resulting in a default disciplinary order entered without the agent's knowledge. Updating your information through the TREC online portal or by submitting the paper change form takes less than five minutes and should be done any time your mailing address, email address, or sponsoring broker changes.

For agents interested in exploring the full range of TREC administrative forms and understanding how they support career milestones beyond the initial license, the TREC website organizes all forms by category with plain-language descriptions of each form's purpose.

Bookmark the forms page and revisit it annually โ€” not just when you need a specific document โ€” to stay aware of new forms that TREC adds as regulations evolve. Combining this administrative literacy with strong transaction form skills positions you as a well-rounded professional who can guide clients and colleagues through every stage of the Texas real estate process with confidence and precision.

Practice TREC Education Questions to Strengthen Your Forms Knowledge

Mastering TREC fillable forms requires more than a one-time read-through of each document. The most successful Texas agents build a disciplined practice of continuous education and real-world application that deepens their form knowledge over time. The following practical strategies will help you develop the expertise and confidence to handle any transaction scenario you encounter throughout your career.

Start by downloading and reading every promulgated contract form cover to cover at least once during your first year. Many agents rely on their sponsoring broker or colleagues to walk them through forms on the job, which works for learning specific transaction scenarios but often leaves gaps in understanding less common forms.

Block off several hours to read the Farm and Ranch Contract, the Unimproved Property Contract, and the commercial lease forms even if you do not currently work those transaction types. Broad form literacy makes you a better agent in your primary niche because you understand the logic and structure that underlies the entire TREC form system.

Practice completing sample forms with fictitious transaction data before your first real transaction. Use made-up names, addresses, and numbers to fill in every blank on the One to Four Family Residential Contract and each common addendum. This exercise forces you to engage with every field rather than skipping the ones that do not immediately apply. Many agents discover blanks they had previously overlooked โ€” such as the non-realty items paragraph or the notice paragraph โ€” only when they sit down to complete a practice form from start to finish without a time-pressured client waiting on the other end.

Attend TREC forms training offered by your local Association of REALTORS or your brokerage's education department at least annually. These sessions are typically led by attorneys or experienced brokers who know which provisions are most frequently misunderstood and which have been interpreted by Texas courts in ways that differ from common agent assumptions. Many forms courses qualify for continuing education credit, making them a productive use of your CE hours. The Texas Real Estate Commission also publishes guidance documents and rule interpretations on its website that complement the forms themselves and help agents understand regulatory intent.

Build a personal forms reference guide that summarizes the purpose of each addendum, the paragraph in the base contract it relates to, and any specific delivery or timing requirements it contains. Organize this reference guide by transaction phase โ€” offer preparation, inspection period, financing, and closing โ€” so you can quickly identify which forms apply at each stage. A one-page quick reference card that you keep in your transaction folder or digital notes app can prevent the kind of momentary confusion that leads to form omissions during a busy contract negotiation.

When in doubt about how to complete a particular section, ask your supervising broker or a real estate attorney โ€” do not guess. TREC rules require sponsored salespersons to work under broker supervision, and that supervision is meant to include form guidance. Brokers who are too busy to answer form questions are not providing adequate supervision, which is itself a TREC violation.

If you cannot get timely guidance from your broker, consider consulting with a real estate attorney before submitting a contract with an uncertain provision. The cost of an attorney consultation is trivially small compared to the potential liability of an improperly drafted contract in a six-figure transaction.

Finally, use every transaction as a learning opportunity. After each closing, review the complete form package and note anything you would do differently โ€” a blank you nearly forgot, a checkbox option you selected without fully understanding, or an addendum you realized mid-transaction was necessary but had not initially included.

Keeping a transaction journal or annotated checklist that you update after each deal creates a personalized knowledge base that grows more valuable with every deal you close. The agents who develop deep, experiential form knowledge over their careers consistently outperform peers who treat form completion as a rote administrative task rather than a professional skill worth investing in.

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TREC Questions and Answers

Where can I download the current TREC fillable forms for free?

All current TREC promulgated and approved forms are available at no cost on the official TREC website at trec.texas.gov. Navigate to the Forms section of the site, where forms are organized by category. You can download each form as a fillable PDF, complete it using Adobe Acrobat or a compatible viewer, and save or print the completed document. Always verify the form number and revision date match the currently approved version before using any form.

What is the difference between promulgated and approved TREC forms?

Promulgated TREC forms are mandatory โ€” licensed agents must use them for covered transaction types and cannot substitute other contracts. Approved forms are optional alternatives that TREC has reviewed and authorized agents to use, but agents are not required to use them. The One to Four Family Residential Contract is promulgated. Some specialty forms are merely approved. When in doubt about whether a form is required or optional, consult the TREC website or your supervising broker.

Can a Texas real estate agent use a contract form drafted by an attorney instead of a TREC form?

Generally, no. Texas law requires licensed agents to use TREC promulgated forms for transactions they cover. The main exemptions are when the transaction involves commercial property not covered by a TREC form, when an attorney represents a party and drafts the contract specifically for that client, or when the parties are sophisticated business entities meeting specific statutory criteria. Agents who use non-promulgated forms for covered transactions risk TREC disciplinary action.

What should I write in the Special Provisions paragraph of the TREC contract?

The Special Provisions paragraph (Paragraph 11) is reserved for factual statements and business details that are not already covered by the printed form language or by an addendum. Examples include specifying items included in the sale such as a refrigerator or patio furniture, or noting a specific closing time of day. Agents must not draft legal obligations, modify printed contract provisions, or create new contingencies in this paragraph โ€” doing so constitutes the unauthorized practice of law under Texas statutes.

How quickly does the earnest money need to be delivered after a Texas contract is executed?

The TREC contract requires the buyer to deliver earnest money to the escrow agent within three days after the effective date of the contract, unless a different timeline is negotiated and written in the contract. The effective date is the date the last party signs and delivers an executed copy to the other party or their agent โ€” not necessarily the date shown on the signature block. Missing the earnest money deadline gives the seller grounds to terminate the contract and keep any previously deposited funds.

What happens if I use an outdated version of a TREC form after the new version's mandatory effective date?

Using a superseded TREC form after the mandatory effective date of the updated version is a violation of TREC rules. The agency may take disciplinary action against the agent's or broker's license, which can include a formal reprimand, a fine, required education, or in severe or repeat cases, license suspension. Both parties may also face legal uncertainty because the outdated form may not reflect changes in Texas law or TREC interpretations that the updated form was designed to address.

How long must a Texas broker retain transaction records including completed TREC forms?

Texas real estate brokers are required to retain all transaction records, including executed contracts, addenda, disclosures, and correspondence, for a minimum of four years from the closing date or from the date the transaction fell through if it did not close. TREC auditors may request records during a compliance inspection, and brokers who cannot produce records for completed transactions can face disciplinary action for inadequate record-keeping, even if the underlying transactions were handled properly.

Is the option fee in a Texas real estate contract refundable if the buyer terminates?

No. The option fee paid under Paragraph 23 of the TREC One to Four Family Residential Contract is non-refundable under all circumstances, including if the buyer terminates during the option period. It compensates the seller for granting the buyer the unrestricted right to terminate. However, if the transaction closes, the option fee is typically credited toward the buyer's closing costs or purchase price per the terms negotiated in the contract. Only the earnest money is subject to refund rules tied to specific contingencies.

What is the TREC Information About Brokerage Services form and when must it be provided?

The Information About Brokerage Services (IABS) form is a TREC-required disclosure that explains to consumers the different types of real estate agency relationships available in Texas โ€” buyer's representative, seller's representative, subagent, and intermediary. Licensed agents must provide the IABS form in writing at the first substantive communication with a buyer, seller, landlord, or tenant โ€” not just at the time of signing a representation agreement. The form must also be prominently displayed at every business location and on the agent's website.

Do I need to attach all TREC addenda to every contract, or only the ones that apply?

You only attach addenda that are relevant to the specific transaction. Each addendum addresses a particular circumstance โ€” third-party financing, HOA membership, coastal location, sale of other property, and so forth. The base contract lists many addenda by name in specific paragraphs and instructs agents to attach them if applicable. Read each referenced addendum paragraph carefully and attach every addendum whose conditions exist in your transaction. Attaching unnecessary addenda can create confusion; omitting required ones can strip clients of important contractual protections.
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