Blank Texas Real Estate Sales Contract PDF Form Get Texas Real Estate Sales Contract Here

Blank Texas Real Estate Sales Contract PDF Form

The Texas Real Estate Sales Contract is a standardized form used in real estate transactions throughout Texas. This contract outlines the agreement between the seller and buyer regarding the sale of a property, including terms related to financing, earnest money, and closing procedures. Understanding this form is essential for both parties to ensure a smooth transaction and to protect their respective interests.

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The Texas Real Estate Sales Contract form serves as a critical document in the real estate transaction process, outlining the rights and obligations of both buyers and sellers. At its core, the form establishes the parties involved, namely the seller and the buyer, and specifies the property being sold, including its legal description and any associated rights or privileges. The contract delineates the sales price, breaking it down into cash and financing components, while also detailing the methods of financing, whether through third-party loans, assumptions, or seller financing. A significant aspect of the form is the earnest money provision, which secures the buyer's intent to purchase and outlines the consequences of failing to fulfill this obligation. Furthermore, the contract addresses the title policy and survey requirements, ensuring that buyers receive a clear title and understand any potential encumbrances on the property. The form also includes stipulations regarding property condition, access for inspections, and completion timelines, thereby safeguarding the interests of both parties. Additionally, it encompasses provisions for closing, possession, and the allocation of expenses, ensuring a smooth transaction process. Overall, the Texas Real Estate Sales Contract form is designed to provide clarity and protection for both buyers and sellers, facilitating a transparent and legally binding agreement.

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TREC NO. 23-20
Contract Concerning Page of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
NEW HOME CONTRACT
(Incomplete Construction)
NOTICE: Not For Use For Condominium Transactions or Closings Prior to Completion of Construction
EQUAL HOUSING
OPPORTUNITY
1.PARTIES: The parties to this contract are
(Seller) and (Buyer). Seller agrees to sell and
convey to Buyer and Buyer agrees to buy from Seller the Property defined below.
2.PROPERTY:Lot ,Block ,
Addition, City of ,County of Texas, known as
(address/zip code), or as
described on attached exhibit, together with: (i) improvements, fixtures and all other property
described in the Construction Documents; and (ii) all rights, privileges and appurtenances thereto
All property sold by this contract is called the Property (Property).
RESERVATIONS: Any reservation for oil, gas, or other minerals, water, timber, or other interests
is made in accordance with an attached addendum.
3.SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing ....................... $
The term “Cash portion of the Sales Price” does not include proceeds from borrowing of any
kind or selling other real property except as disclosed in this contract.
B. Sum of all financing described in the attached: q Third Party Financing Addendum,
q Loan Assumption Addendum, q Seller Financing Addendum ....... $
C. Sales Price (Sum of A and B) ............................................................ $
4.LEASES:
A. Except as disclosed in this contract, Seller is not aware of any leases affecting the Property.
After the Effective Date, Seller may not, without Buyer's written consent, create a new lease,
amend any existing lease, or convey any interest in the Property.
B. NATURAL RESOURCE LEASES: “Natural Resource Lease” means an existing oil and gas,
mineral, geothermal, water, wind, or other natural resource lease affecting the Property to
which Seller is a party. Seller q is q is not a party to a Natural Resource Lease. If Seller is a
party to a Natural Resource Lease, check one of the following:
q (1) Seller has delivered to Buyer a copy of all the Natural Resource Leases.
q (2) Seller has not delivered to Buyer a copy of all the Natural Resource Leases. Seller shall
provide to Buyer a copy of all the Natural Resource Leases within 3 days after the Effective
Date. Buyer may terminate the contract within days after the date the Buyer
receives all the Natural Resource Leases and the earnest money shall be refunded to
Buyer.
5.EARNEST MONEY AND TERMINATION OPTION:
A. DELIVERY OF EARNEST MONEY AND OPTION FEE: Within 3 days after the Effective Date, Buyer
must deliver to (Escrow Agent) at
(address): $ as earnest
money and $ as the option fee. The earnest money and option fee shall be
made payable to Escrow Agent and may be paid separately or combined in a single payment.
(1) Buyer shall deliver additional earnest money of $ to Escrow Agent within
days after the Effective Date of this contract.
(2) If the last day to deliver the earnest money, option fee, or the additional earnest money
falls on a Saturday, Sunday, or Legal Holiday, the time to deliver the earnest money, option
fee, or the additional earnest money, as applicable, is extended until the end of the next
day that is not a Saturday, Sunday, or Legal Holiday. “Legal Holiday” means a legal holiday
described in Sections 662.003(a) and 662.003(b)(4) and (6), Texas Government Code.
(3) The amount(s) Escrow Agent receives under this paragraph shall be applied first to the
option fee, then to the earnest money, and then to the additional earnest money.
(4) Buyer authorizes Escrow Agent to release and deliver the option fee to Seller at any time
without further notice to or consent from Buyer, and releases Escrow Agent from liability for
delivery of the option fee to Seller. The option fee will be credited to the Sales Price at
closing.
B. TERMINATION OPTION: For nominal consideration, the receipt of which Seller acknowledges,
and Buyer's agreement to pay the option fee within the time required, Seller grants Buyer the
unrestricted right to terminate this contract by giving notice of termination to Seller within
days after the Effective Date of this contract (Option Period). Notices under this
paragraph must be given by 5:00 p.m. (local time where the Property is located) by the date
specified. If Buyer gives notice of termination within the time prescribed: (i) the option fee will
not be refunded and Escrow Agent shall release any option fee remaining with Escrow Agent to
Seller; and (ii) any earnest money will be refunded to Buyer.
C. FAILURE TO TIMELY DELIVER EARNEST MONEY: If Buyer fails to deliver the earnest money
within the time required, Seller may terminate this contract or exercise Seller’s remedies under
Paragraph 15, or both, by providing notice to Buyer before Buyer delivers the earnest money.
D. FAILURE TO TIMELY DELIVER OPTION FEE: If no dollar amount is stated as the option fee or if
Buyer fails to deliver the option fee within the time required, Buyer shall not have the
unrestricted right to terminate this contract under this Paragraph 5.
E. TIME: Time is of the essence for this paragraph and strict compliance with the time
for performance is required.
TREC NO. 23-20
Contract Concerning Page 2 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
6.TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at qSeller’s qBuyer’s expense an owner policy of
title insurance (Title Policy) issued by (Title Company) in
the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the
provisions of the Title Policy, subject to the promulgated exclusions (including existing building
and zoning ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 3.
(4) Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved by
Buyer in writing.
(6)The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements:
q (i) will not be amended or deleted from the title policy; or
q (ii) will be amended to read, "shortages in area" at the expense of qBuyer qSeller.
(9) The exception or exclusion regarding minerals approved by the Texas Department of
Insurance.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller
shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense,
legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions. Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at
Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not
delivered to Buyer within the specified time, the time for delivery will be automatically extended
up to 15 days or 3 days before the Closing Date, whichever is earlier. If the Commitment and
Exception Documents are not delivered within the time required, Buyer may terminate this
contract and the earnest money will be refunded to Buyer.
C. SURVEY: The survey must be made after the Substantial Completion Date by a registered
professional land surveyor acceptable to the Title Company and Buyer’s lender(s).
(Check one box only)
q (1) At least days prior to the Closing Date, Seller, at Seller’s expense, shall provide a
new survey to Buyer.
q (2) At least days prior to the Closing Date, Buyer, at Buyer’s expense, may obtain a
new survey. Buyer is deemed to receive the survey on the date of actual receipt or the date
specified in this paragraph, whichever is earlier. If Buyer fails to obtain the survey, Buyer
may not terminate the contract under Paragraph 2B of the Third Party Financing Addendum
because the survey was not obtained.
D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment
other than items 6A(1) through (9) above; or which prohibit the following use or activity:
.
Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer receives the
Commitment, Exception Documents, and the survey. Buyer’s failure to object within the time
allowed will constitute a waiver of Buyer’s right to object; except that the requirements in
Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to
incur any expense, Seller shall cure any timely objections of Buyer or any third party lender
within 15 days after Seller receives the objections (Cure Period) and the Closing Date will be
extended as necessary. If objections are not cured within the Cure Period, Buyer may, by
delivering notice to Seller within 5 days after the end of the Cure Period: (i) terminate this
contract and the earnest money will be refunded to Buyer; or (ii) waive the objections. If Buyer
does not terminate within the time required, Buyer shall be deemed to have waived the
objections. If the Commitment or survey is revised or any new Exception Document(s) is
delivered, Buyer may object to any new matter revealed in the revised Commitment or survey
or new Exception Document(s) within the same time stated in this paragraph to make objections
beginning when the revised Commitment, survey, or Exception Document(s) is delivered to
Buyer.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the
Property examined by an attorney of Buyer’s selection, or Buyer should be furnished with or
obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly
reviewed by an attorney of Buyer’s choice due to the time limitations on Buyer’s right to
object.
(2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property qis qis not subject to
mandatory membership in a property owners association(s). If the Property is subject to
mandatory membership in a property owners association(s), Seller notifies Buyer under
§5.012, Texas Property Code, that, as a purchaser of property in the residential community
identified in Paragraph 2A in which the Property is located, you are obligated to be a member
TREC NO. 23-20
Contract Concerning Page 3 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
of the property owners association(s). Restrictive covenants governing the use and occupancy
of the Property and all dedicatory instruments governing the establishment, maintenance, and
operation of this residential community have been or will be recorded in the Real Property
Records of the county in which the Property is located. Copies of the restrictive covenants and
dedicatory instruments may be obtained from the county clerk. You are obligated to pay
assessments to the property owners association(s). The amount of the assessments
is subject to change. Your failure to pay the assessments could result in
enforcement of the association’s lien on and the foreclosure of the Property.
Section 207.003, Property Code, entitles an owner to receive copies of any document that
governs the establishment, maintenance, or operation of a subdivision, including, but not
limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property
owners' association. A resale certificate contains information including, but not limited to,
statements specifying the amount and frequency of regular assessments and the style and
cause number of lawsuits to which the property owners' association is a party, other than
lawsuits relating to unpaid ad valorem taxes of an individual member of the association.
These documents must be made available to you by the property owners' association or the
association's agent on your request.
If Buyer is concerned about these matters, the TREC promulgated Addendum for
Property Subject to Mandatory Membership in a Property Owners Association should
be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created
district providing water, sewer, drainage, or flood control facilities and services, Chapter 49,
Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to
the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this
contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
included in the contract.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be included in
the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation
by the municipality. Each municipality maintains a map that depicts its boundaries and
extraterritorial jurisdiction. To determine if the Property is located within a municipality's
extraterritorial jurisdiction or is likely to be located within a municipality’s extraterritorial
jurisdiction, contact all municipalities located in the general proximity of the Property for
further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER:
Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that
you are about to purchase may be located in a certificated water or sewer service area, which
is authorized by law to provide water or sewer service to the properties in the certificated
area. If your property is located in a certificated area there may be special costs or charges
that you will be required to pay before you can receive water or sewer service. There may
be a period required to construct lines or other facilities necessary to provide water or sewer
service to your property. You are advised to determine if the property is in a certificated area
and contact the utility service provider to determine the cost that you will be required to pay
and the period, if any, that is required to provide water or sewer service to your property. The
undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the
execution of a binding contract for the purchase of the real property described in Paragraph 2
or at closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller
must give Buyer written notice as required by §5.014, Property Code.
(8) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205,
Property Code, requires Seller to notify Buyer as follows: The private transfer fee obligation
may be governed by Chapter 5, Subchapter G of the Texas Property Code.
(9) PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system
service area owned by a distribution system retailer, Seller must give Buyer written notice as
required by §141.010, Texas Utilities Code.
(10) NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water,
including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that
has a storage capacity of at least 5,000 acre-feet at the impoundment’s normal operating
level, Seller hereby notifies Buyer: “The water level of the impoundment of water adjoining
the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully
exercising its right to use the water stored in the impoundment; or (2) drought or flood
conditions.”
(11) CERTIFICATE OF MOLD REMEDIATION: If the Property has been remediated for mold, Seller
must provide to Buyer each certificate of mold damage remediation issued under §1958.154,
Occupations Code, during the 5 years preceding the sale of the Property.
7.PROPERTY CONDITION:
A. ACCESS AND INSPECTIONS: Seller shall permit Buyer and Buyer’s agents access to the Property
at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and
licensed by TREC or otherwise permitted by law to make inspections.
B. CONSTRUCTION DOCUMENTS: Seller shall complete all improvements to the Property with due
diligence in accordance with the Construction Documents. “Construction Documents” means the
plans and specifications, the finish out schedules, any change orders, and any allowances related
to the plans and specifications, finish out schedules, and change orders. The Construction
Documents have been signed by the parties and are incorporated into this contract by reference.
TREC NO. 23-20
Contract Concerning Page 4 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
C. COST ADJUSTMENTS: All change orders must be in writing. Increase in costs resulting from
change orders or items selected by Buyer which exceed the allowances specified in the
Construction Documents will be paid by Buyer as follows:_______________________________
____________________________________________________________________________.
A decrease in costs resulting from change orders and unused allowances will reduce the Sales
Price, with proportionate adjustments to the amounts in Paragraphs 3A and 3B as required by
lender.
D. BUYER’S SELECTIONS: If the Construction Documents permit selections by Buyer, Buyer’s
selections will conform to Seller’s normal standards as set out in the Construction Documents or
will not, in Seller’s judgment, adversely affect the marketability of the Property. Buyer will make
required selections within days after notice from Seller.
E. COMPLETION: Seller must commence construction no later than days after the Effective
Date of this contract. The improvements will be substantially completed in accordance with the
Construction Documents and ready for occupancy not later than ,
20 . The improvements will be deemed to be substantially completed in accordance with the
Construction Documents upon the final inspection and approval by all applicable governmental
authorities and any lender (Substantial Completion Date). Construction delays caused by acts of
God, fire or other casualty, strikes, boycotts or nonavailability of materials for which no
substitute of comparable quality and price is available will be added to the time allowed for
substantial completion of the construction. However, in no event may the time for substantial
completion extend beyond the Closing Date. Seller may substitute materials, equipment and
appliances of comparable quality for those specified in the Construction Documents.
F. WARRANTIES: Except as expressly set forth in this contract, a separate writing, or provided by
law, Seller makes no other express warranties. Seller shall assign to Buyer at closing all
assignable manufacturer warranties.
G. INSULATION: As required by Federal Trade Commission Regulations, the information relating to
the insulation installed or to be installed in the Improvements at the Property is: (check only one
box below)
q (1) as shown in the attached specifications.
q (2) as follows:
(a) Exterior walls of improved living areas: insulated with
insulation to a thickness of inches which yields an R-Value of
.
(b) Walls in other areas of the home: insulated with
insulation to a thickness of inches which yields an R-Value of
.
(c) Ceilings in improved living areas: insulated with
insulation to a thickness of inches which yields an R-Value of
.
(d) Floors of improved living areas not applied to a slab foundation: insulated with
insulation to a thickness of inches
which yields an R-Value of .
(e) Other insulated areas: insulated with insulation to a
thickness of inches which yields an R-Value of .
All stated R-Values are based on information provided by the manufacturer of the insulation.
H. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances,
including asbestos and wastes or other environmental hazards, or the presence of a threatened
or endangered species or its habitat may affect Buyer’s intended use of the Property. If Buyer is
concerned about these matters, an addendum promulgated by TREC or required by the parties
should be used.
I. SELLER’S DISCLOSURE:
(1) Seller q is q is not aware of any flooding of the Property which has had a material
adverse effect on the use of the Property.
(2) Seller q is q is not aware of any pending or threatened litigation, condemnation, or
special assessment affecting the Property.
(3) Seller q is q is not aware of any environmental hazards that materially and adversely
affect the Property.
(4) Seller q is q is not aware of any dumpsite, landfill, or underground tanks or containers
now or previously located on the Property.
(5) Seller q is q is not aware of any wetlands, as defined by federal or state law or
regulation, affecting the Property.
(6) Seller q is q is not aware of any threatened or endangered species or their habitat
affecting the Property.
(7) Seller q is q is not aware that the Property is located q wholly q partly in a floodplain.
(8) Seller q is q is not aware that a tree or trees located on the Property has oak wilt.
If Seller is aware of any of the items above, explain (attach additional sheets if necessary):
.
J. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a
provider or administrator licensed by the Texas Department of Licensing and Regulation. If
Buyer purchases a residential service contract, Seller shall reimburse Buyer at closing for the
cost of the residential service contract in an amount not exceeding $ . Buyer
should review any residential service contract for the scope of coverage, exclusions and
limitations. The purchase of a residential service contract is optional. Similar coverage
may be purchased from various companies authorized to do business in Texas.
TREC NO. 23-20
Contract Concerning Page 5 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
K. SELLER’S DISCLOSURE ABOUT GROUNDWATER AND SURFACE WATER RIGHTS (Seller’s Water
Disclosure): Access to surface water or groundwater on the Property may be regulated,
restricted, or prohibited, including but not limited to the right to drill or operate water wells and
the right to withdraw water from surface water sources on or adjoining the Property. The
parties shall use the Seller’s Water Disclosure published by TREC to identify information related
to groundwater and surface water rights. (Check one box only)
q (1) Buyer has received the Seller’s Water Disclosure.
q (2) Buyer has not received the Seller’s Water Disclosure. Within _____ days after the Effective
Date of this contract, Seller shall deliver the Seller’s Water Disclosure to Buyer. If Buyer does
not receive the Water Notice, Buyer may terminate this contract at any time prior to the closing
and the earnest money will be refunded to Buyer. If Seller delivers the Seller’s Water
Disclosure, Buyer may terminate this contract for any reason within 7 days after Buyer receives
the Water Notice or prior to the closing, whichever first occurs, and the earnest money will be
refunded to Buyer.
q (3) Seller is not required to deliver the Seller’s Water Disclosure to Buyer because all of the
following are true:
(a) Seller is not aware of a water well on the Property (in use or not in use);
(b) Seller is not aware of a pond, lake, or water tank on the Property;
(c) Seller is not aware of any certificate of adjudication, certified filing, or permit for surface
water rights associated with the Property administered by the Texas Commission on
Environmental Quality;
(d) Seller is not aware that any groundwater rights to the Property have been severed, sold,
or leased in whole or in part; and
(e) the Property receives water only from the following municipality (City), municipal utility
district (MUD) or other special district, water supply corporation (WSC), or private water
supply company (PWC):
.
8.BROKER OR SALES AGENT DISCLOSURE:
Texas law requires a real estate broker or sales agent who is a party to a transaction or acting on
behalf of a spouse, parent, child, business entity in which the broker or sales agent owns more
than 10%, or a trust for which the broker or sales agent acts as a trustee or of which the broker
or sales agent or the broker or sales agent’s spouse, parent or child is a beneficiary, to notify the
other party in writing before entering into a contract of sale. Disclose if applicable:
.
9.CLOSING:
A. The closing of the sale will be on or before , 20 , or within 7 days
after objections made under Paragraph 6D have been cured or waived, whichever date is later
(Closing Date). If either party fails to close the sale by the Closing Date, the non-defaulting
party may exercise the remedies contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to
Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish
tax statements or certificates showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the Escrow Agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits,
releases, loan documents, transfer of any warranties, and other documents reasonably
required for the closing of the sale and the issuance of the Title Policy.
(4) There will be no liens, assessments, or security interests against the Property which will not
be satisfied out of the sales proceeds unless securing payment of any loans assumed by
Buyer and assumed loans will not be in default.
(5) Private transfer fees (as defined by Chapter 5, Subchapter G of the Texas Property Code)
will be the obligation of Seller unless provided otherwise in this contract. Transfer fees
assessed by a property owners’ association are governed by the Addendum for Property
Subject to Mandatory Membership in a Property Owners Association.
10.POSSESSION:
A. BUYER’S POSSESSION: Seller shall deliver to Buyer possession of the Property: q upon closing and
funding q according to a temporary residential lease form promulgated by TREC or other written
lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing
which is not authorized by a written lease will establish a tenancy at sufferance relationship between
the parties. Consult your insurance agent prior to change of ownership and possession
because insurance coverage may be limited or terminated. The absence of a written lease
or appropriate insurance coverage may expose the parties to economic loss.
B. SMART DEVICES: “Smart Device” means a device that connects to the internet to enable
remote use, monitoring, and management of: (i) the Property; (ii) items identified in any Non-
Realty Items Addendum; or (iii) items in a fixture lease assigned to Buyer. At the time Seller
delivers possession of the Property to Buyer, Seller shall:
(1) deliver to Buyer written information containing all access codes, usernames, passwords, and
applications Buyer will need to access, operate, manage, and control the Smart Devices;
and
(2) terminate and remove all access and connections to the improvements and accessories from
any of Seller’s personal devices including but not limited to phones and computers.
11.SPECIAL PROVISIONS: (This paragraph is intended to be used only for additional informational
items. An informational item is a statement that completes a blank in a contract form, discloses
factual information, or provides instructions. Real estate brokers and sales agents are prohibited
TREC NO. 23-20
Contract Concerning Page 6 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
from practicing law and shall not add to, delete, or modify any provision of this contract unless
drafted by a party to this contract or a party's attorney.)
.
12.SETTLEMENT AND OTHER EXPENSES:
A. EXPENSES: The following expenses must be paid at or prior to closing:
(1) Seller shall pay the following expenses (Seller's Expenses):
(a) releases of existing liens, including prepayment penalties and recording fees; release of
Seller’s loan liability; tax statements or certificates; preparation of deed; one-half of
escrow fee; and other expenses payable by Seller under this contract;
(b) an amount not to exceed $ ____ to be applied to Buyer’s Expenses other than
brokerage compensation or contributions under Paragraph 12B below.
(2) Buyer shall pay the following expenses (Buyer's Expenses): Appraisal fees; loan application
fees; origination charges; credit reports; preparation of loan documents; interest on the
notes from date of disbursement to one month prior to dates of first monthly
payments; recording fees; copies of easements and restrictions; loan title policy with
endorsements required by lender; loan-related inspection fees; photos; amortization
schedules; one-half of escrow fee; all prepaid items, including required premiums for flood
and hazard insurance, reserve deposits for insurance, ad valorem taxes and special
governmental assessments; final compliance inspection; courier fee; repair inspection;
underwriting fee; wire transfer fee; expenses incident to any loan; Private Mortgage
Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP)
as required by the lender; and other expenses payable by Buyer under this contract.
B. BROKERAGE COMPENSATION: Brokerage compensation is not set by law and is fully
negotiable. Each party shall pay their respective brokers pursuant to the terms of the parties’
obligations to compensate their brokers contained in separate written agreements. The
contributions under 12B(1) and 12B(2) below shall be applied to and shall not
change the parties’ obligations to pay compensation pursuant to those agreements.
The following contributions must be paid at closing:
q (1) Seller will pay (check one box only): q $_________ or q_______% of the Sales Price
to be applied toward the brokerage compensation owed by Buyer to Buyer’s broker.
q (2) Buyer will pay (check one box only): q $_________ or q_______% of the Sales Price to
be applied toward the brokerage compensation owed by Seller to Seller’s broker.
C. EXPENSE LIMITATION: If a governmental loan program regulation prohibits Buyer from paying
charges or fees, then the amount of any concession in 12A(1)(b) shall be first applied to pay
such prohibited expenses and then to other Buyer’s Expenses but not brokerage compensation
or contribution.
13.PRORATIONS AND ROLLBACK TAXES:
A. PRORATIONS: Taxes for the current year, interest, rents, and regular periodic maintenance
fees, assessments, and dues (including prepaid items) will be prorated through the Closing
Date. The tax proration may be calculated taking into consideration any change in exemptions
that will affect the current year's taxes. If taxes for the current year vary from the amount
prorated at closing, the parties shall adjust the prorations when tax statements for the current
year are available. If taxes are not paid at or prior to closing, Buyer will be obligated to pay
taxes for the current year.
B. ROLLBACK TAXES: If additional taxes, penalties, or interest (Assessments) are imposed
because of Seller’s use or change in use of the Property prior to closing, the Assessments will
be the obligation of Seller. Obligations imposed by this paragraph will survive closing.
14.CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty
after the Effective Date of this contract, Seller shall restore the Property to its previous condition
as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so
due to factors beyond Seller’s control, Buyer may (a) terminate this contract and the earnest
money will be refunded to Buyer (b) extend the time for performance up to 45 days and the
Closing Date will be extended as necessary or (c) accept the Property in its damaged condition
with an assignment of insurance proceeds, if permitted by Seller’s insurance carrier, and receive
credit from Seller at closing in the amount of the deductible under the insurance policy. Seller’s
obligations under this paragraph are independent of any other obligations of Seller under this
contract.
15.DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a)
enforce specific performance, seek such other relief as may be provided by law, or both, or (b)
terminate this contract and receive the earnest money as liquidated damages, thereby releasing
both parties from this contract. If Seller fails to comply with this contract Seller will be in default
and Buyer may (a) enforce specific performance, seek such other relief as may be provided by
law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both
parties from this contract.
16.MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through
alternative dispute resolution procedures such as mediation. Subject to applicable law, any
dispute between Seller and Buyer related to this contract which is not resolved through informal
discussion will be submitted to a mutually acceptable mediation service or provider. The parties to
the mediation shall bear the mediation costs equally. This paragraph does not preclude a party
from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEY'S FEES: A Buyer, Seller, Seller’s broker, Buyer’s broker, or Escrow Agent who
prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney’s
fees and all costs of such proceeding.
TREC NO. 23-20
Contract Concerning Page 7 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
18.ESCROW:
A. ESCROW: The Escrow Agent is not (i) a party to this contract and does not have liability for the
performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest
money and (iii) liable for the loss of any earnest money caused by the failure of any financial
institution in which the earnest money has been deposited unless the financial institution is acting
as Escrow Agent. Escrow Agent may require any disbursement made in connection with this
contract to be conditioned on Escrow Agent’s collection of good funds acceptable to Escrow Agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then
to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, Escrow Agent may:
(i) require a written release of liability of the Escrow Agent from all parties before releasing any
earnest money; and (ii) require payment of unpaid expenses incurred on behalf of a party. Escrow
Agent may deduct authorized expenses from the earnest money payable to a party. “Authorized
expenses” means expenses incurred by Escrow Agent on behalf of the party entitled to the earnest
money that were authorized by this contract or that party.
C. DEMAND: Upon termination of this contract, either party or the Escrow Agent may send a release
of earnest money to each party and the parties shall execute counterparts of the release and
deliver same to the Escrow Agent. If either party fails to execute the release, either party may
make a written demand to the Escrow Agent for the earnest money. If only oneparty makes
written demand for the earnest money, Escrow Agent shall promptly provide a copy of the demand
to the other party. If Escrow Agent does not receive written objection to the demand from the
other party within 15 days, Escrow Agent may disburse the earnest money to the party making
demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the
earnest money and Escrow Agent may pay the same to the creditors. If Escrow Agent complies
with the provisions of this paragraph, each party hereby releases Escrow Agent from all adverse
claims related to the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the Escrow
Agent within 7 days of receipt of the request will be liable to the other party for (i) damages (ii)
the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit.
E. NOTICES: Escrow Agent’s notices will be effective when sent in compliance with Paragraph 21.
Notice of objection to the demand will be deemed effective upon receipt by Escrow Agent.
19.REPRESENTATIONS: All covenants, representations and warranties in this contract survive
closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in
default. Unless expressly prohibited by written agreement, Seller may continue to show the Property
and receive, negotiate and accept back up offers.
20.GOVERNMENTAL REQUIREMENTS:
A. If Seller is a "foreign person,” as defined by Internal Revenue Code and its regulations, or if
Seller fails to deliver an affidavit or a certificate of non-foreign status to Buyer that Seller is nota
"foreign person,” then Buyer shall withhold from the sales proceeds an amount sufficient to
comply with applicable tax law and deliver the same to the Internal Revenue Service together
with appropriate tax forms. Internal Revenue Service regulations require filing written reports if
currency in excess of specified amounts is received in the transaction.
B. Seller and Buyer shall promptly execute and deliver any statements, documents, and information
requested by Escrow Agent required by governmental reporting requirements (for example,
reporting to the U.S. Treasury or its bureaus).
21. NOTICES: All notices from one party or their agent to the other must be in writing. Notices are
effective when mailed to, hand-delivered at, sent by overnight courier to, or transmitted by
electronic transmission to the other party or their agent.
To Buyer(s) at: To Seller(s) at:
Address: Address:
Phone(s): Phone(s):
Email(s): Email(s):
To Buyer’s agent at: To Seller’s agent at:
Address: Address:
Phone: Phone:
Email: Email:
TREC NO. 23-20
Contract Concerning Page 8 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
22.AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be
changed except by their written agreement. Addenda and notices which are a part of this contract
are (check all applicable boxes):
Financial
q Third Party Financing Addendum
q Addendum for Sale of Other Property by Buyer
q Addendum Concerning Right to Terminate Due to Lender’s Appraisal
q Seller Financing Addendum
q Addendum for Section 1031 Exchange
q Short Sale Addendum
q Loan Assumption Addendum
Leases
q Addendum Regarding Residential Leases
q Addendum Regarding Fixture Leases
q Buyer’s Temporary Residential Lease
q Seller’s Temporary Residential Lease
Additional Tests and Reports
q Addendum for Authorizing Hydrostatic Testing
q Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum
Statutory Disclosures and Notices
q Addendum for Property in a Propane Gas System Service Area
q Addendum for Property Located Seaward of the Gulf Intracoastal Waterway
q Addendum for Coastal Area Property
q The following utility, water, drainage, public improvement, and other district notices (list all that
have been given or are attached):_________________________________________________
____________________________________________________________________________
NOTICE: Seller’s failure to provide applicable Statutory Disclosures and Notices may
provide Buyer with remedies or rights to terminate this contract.
Other
q Addendum for Property Subject to Mandatory Membership in a Property Owners Association
q Non-Realty Items Addendum
q Addendum for “Back-Up” Contract
q Addendum for Reservation of Oil, Gas, and Other Minerals
q Other:_______________________________________________________________________
____________________________________________________________________________
Buyer's
Attorney is:
Seller's
Attorney is:
Phone:
( )
Phone:
( )
Fax:
( )
( )
E-mail:
E-mail:
Fax:
23. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate brokers and sales
agents from giving legal advice. READ THIS CONTRACT CAREFULLY.
TREC NO. 23-20
Contract Concerning Page 9 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for
use only by trained real estate license holders. No representation is made as to the legal validity or adequacy of
any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commis-
sion, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 (http://www.trec.texas.gov) TREC NO. 23-20. This
form replaces TREC NO. 23-19.
This contract is subject to Chapter 27 of the
Texas Property Code. The provisions of that
chapter may affect your right to recover
damages arising from a construction defect. If
you have a complaint concerning a
construction defect and that defect has not
been corrected as may be required by law or
by contract, you must provide the notice
required by Chapter 27 of the Texas Property
Code to the contractor by certified mail, return
receipt requested, not later than the 60th day
before the date you file suit to recover
damages in a court of law or initiate
arbitration. The notice must refer to Chapter
27 of the Texas Property Code and must
describe the construction defect. If requested
by the contractor, you must provide the
contractor an opportunity to inspect and cure
the defect as provided by Section 27.004 of
the Texas Property Code.
Buyer
Buyer
Seller
Seller
EXECUTED the day of , 20 (Effective Date).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
TREC NO. 23-20
Contract Concerning Page 10 of 11 05-04-2026
(Address of Property)
Initialed for identification by Buyer and Seller
BROKER CONTACT INFORMATION
(Print name(s) only. Do not sign)
The brokers to this sale are:
(Broker Firm) represents Seller only as Seller’s agent.
Address:
Broker Firm License No.:
Associate’s Name:
Team Name:
Associate’s Email:
Associate’s Phone No.: Associate’s License No.:
Licensed Supervisor of Associate:
Phone No. of Licensed Supervisor: License No.:
(Broker Firm) represents Buyer only as Buyer’s agent.
Address:
Broker Firm License No.:
Associate’s Name:
Team Name:
Associate’s Email:
Associate’s Phone No.: Associate’s License No.:
Licensed Supervisor of Associate:
Phone No. of Licensed Supervisor: License No.:
Intermediary
(Broker Firm) represents Seller and Buyer as an intermediary.
Address:
Broker Firm License No.:
Associate’s Name (for Seller):
Team Name:
Associate’s Email:
Associate’s Phone No.: Associate’s License No.:
Licensed Supervisor of Associate:
Phone No. of Licensed Supervisor: License No.:
Associate’s Name (for Buyer):
Team Name:
Associate’s Email:
Associate’s Phone No.: Associate’s License No.:
Licensed Supervisor of Associate:
Phone No. of Licensed Supervisor: License No.:
⇓ Texas Real Estate Sales Contract PDF

Document Specs

Fact Name Fact Description
Governing Body The Texas Real Estate Sales Contract form is promulgated by the Texas Real Estate Commission (TREC).
Parties Involved The contract involves two parties: the Seller, who agrees to sell, and the Buyer, who agrees to purchase the property.
Property Definition The property is defined by its lot, block, addition, city, and county in Texas, along with any improvements or fixtures.
Earnest Money Requirement Upon execution of the contract, the Buyer must deposit earnest money with an escrow agent, which is a sign of good faith.
Financing Options The contract outlines various financing options, including third-party financing and seller financing, which can be selected by the Buyer.
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