Quick answer
TREC Form 20-19 is the current resale contract for a single-family home, duplex, triplex, or fourplex.
It is not the form for a condominium, a new home sold by a builder, farm and ranch property, or commercial property.
Confirm it is a resale, then count the residential units before choosing the form.
Verified against TREC Form 20-19 on September 5, 2026.
EXAM PREP, NOT TRANSACTION ADVICE
This guide teaches form recognition and exam reasoning. It is not legal, tax, lending, brokerage, or licensing advice. For a real transaction, use the current TREC form and ask the supervising broker or an attorney when the issue calls for professional guidance.
The exam does not ask a sales agent to draft a contract or give legal advice. It tests whether you can read a fact pattern, recognize the right form, locate the paragraph that controls the issue, choose a required addendum, and avoid unauthorized practice of law.
This guide follows TREC No. 20-19, effective July 1, 2026. Study the job of each paragraph first. Then learn the deadlines, addenda, and traps that attach to it.
What Changed in TREC Form 20-19 for 2026
Form 20-19 became effective July 1, 2026. These are the changes most useful for exam recognition. They come from TREC's current form, its redline, and its rule-adoption summary.
| Current-form change | Where to look | What to remember |
|---|---|---|
| Generators are expressly included among improvements | Paragraph 2B | A permanently installed generator is included unless properly excluded. |
| Legal Holiday is defined for delivery deadlines | Paragraph 5A(2) | Do not treat every business closure as a contract holiday. Use the printed definition. |
| The Seller's Water Disclosure was added | Paragraph 7I | Water wells, surface water, severed groundwater rights, and certain water sources can trigger this disclosure analysis. |
| Brokerage compensation was separated from ordinary buyer-expense contributions | Paragraphs 12A and 12B | Compensation remains negotiable and depends on separate written agreements and completed contract selections. |
| Government reporting language was expanded | Paragraph 20 | The official heading is Governmental Requirements, not Federal Requirements. |
| Addenda and notices were reorganized into labeled groups | Paragraph 22 | Look for Financial, Leases, Additional Tests and Reports, Statutory Disclosures and Notices, and Other. |
| The broker information page was reorganized | After Paragraph 23 | Representation, supervision, team, license, and contact details remain exam-relevant. |
TREC identifies Form 20-19 as the current and most frequently used resale contract. Pearson VUE's Texas Sales Agent State Law outline, effective January 1, 2026, assigns eight scored items to the full Contracts area. That eight-item weight covers promulgated forms and addenda, the Statute of Frauds, and seller disclosure requirements. It does not mean eight questions will come only from this one form.
What the Exam Is Testing About TREC Form 20-19
| Exam issue | Short answer |
|---|---|
| What is it? | TREC's main resale contract for one-to-four family residential property. |
| Current version | TREC No. 20-19, effective July 1, 2026. |
| What changed | Water-rights disclosure, legal-holiday wording, compensation, notices, government reporting, and the addenda list changed in the 2026 form. |
| Used for | Resale single-family homes, duplexes, triplexes, and fourplexes. |
| Not used for | Condos, new homes sold by a builder, farm and ranch property, or commercial property. |
| Most tested skill | Matching facts to the right paragraph, addendum, notice, deadline, or remedy. |
| Biggest UPL trap | Using Special Provisions to draft legal rights, remedies, contingencies, or custom clauses. |
| Biggest deadline trap | Earnest money, option fee, title commitment, survey, objections, seller disclosure, and option-period notice. |
| Biggest form trap | Picking this contract when the fact pattern says condo, builder new construction, farm and ranch, or commercial property. |
Paragraph-by-Paragraph Cheat Sheet
Not sure which paragraph you need? Use this table to match a question clue or fact pattern with the controlling contract paragraph, deadline, or form issue.
| If the question mentions | Go to | Exam move |
|---|---|---|
| Buyer and seller names, entity buyer, trust, estate, wrong party | Paragraph 1 | Identify the correct parties and avoid guessing legal capacity. |
| Lot, block, address, fixtures, accessories, exclusions, mineral reservation | Paragraph 2 | Decide what is included, excluded, or reserved. |
| Cash portion, loan amount, seller financing, assumption, total price | Paragraph 3 | Separate sales price from financing, earnest money, and option fee. |
| Tenant lease, leased solar panels, leased fixtures, natural resource lease | Paragraph 4 | Attach or recognize the correct lease-related addendum. |
| Earnest money, option fee, option period, 5:00 p.m. deadline | Paragraph 5 | Track delivery deadlines and buyer termination rights. |
| Title policy, title commitment, survey, objections, POA notice, PID notice | Paragraph 6 | Spot title, survey, objection, and statutory notice issues. |
| Inspection, hydrostatic test, seller disclosure, lead paint, as-is, repairs | Paragraph 7 | Connect condition facts to disclosure, inspection, and repair rules. |
| License holder is buyer, seller, or related to a party | Paragraph 8 | Recognize written license-holder disclosure and separate broker-fee agreements. |
| Closing date, deed, good funds, payoff of liens | Paragraph 9 | Link closing duties to default if a party fails to close. |
| Buyer moves in early, seller stays after closing, smart-device access | Paragraph 10 | Use the proper temporary lease or possession rule. |
| Agent is asked to write a custom clause | Paragraph 11 | Treat it as a Special Provisions and unauthorized-practice-of-law trap. |
| Closing costs, title fees, appraisal fees, VA or FHA charge limits | Paragraph 12 | Allocate expenses and watch government-loan restrictions. |
| Taxes, rents, dues, maintenance fees, assessment split | Paragraph 13 | Calculate or identify prorations through closing. |
| Fire, flood, or casualty damage after the effective date | Paragraph 14 | Apply casualty-loss options, not ordinary inspection rules. |
| Buyer or seller refuses to perform | Paragraph 15 | Identify default remedies without giving legal advice. |
| Dispute before lawsuit | Paragraph 16 | Recognize mediation. |
| Winning party seeks legal fees | Paragraph 17 | Recognize attorney's fees, not broker fees. |
| Earnest money release dispute | Paragraph 18 | Follow escrow and release-demand procedure. |
| Seller continues to show property or accepts backup offer | Paragraph 19 | Recognize representations and possible backup addendum. |
| Foreign seller, currency reporting, or government reporting request | Paragraph 20 | Recognize governmental requirements and avoid tax advice. |
| Oral notice, email notice, wrong address, late termination notice | Paragraph 21 | Notices must be in writing and sent as the contract allows. |
| Attached addenda or entire agreement | Paragraph 22 | Match the fact pattern to the right addendum. |
| Party asks what the contract legally means | Paragraph 23 | Advise attorney consultation and avoid legal advice. |
When This Contract Is Used
TREC describes this as its most frequently used contract form. It is for the resale of a single-family home, duplex, triplex, or fourplex. A condominium, builder new home, farm and ranch property, or commercial property points somewhere else.
That gives you the exam recognition rule:
| Property clue | Form recognition |
|---|---|
| Existing single-family resale | One to Four Family Residential Contract. |
| Existing duplex resale | One to Four Family Residential Contract. |
| Existing triplex resale | One to Four Family Residential Contract. |
| Existing fourplex resale | One to Four Family Residential Contract. |
| Resale condo unit | Residential Condominium Contract, not this form. |
| New home sold by builder | New Home Contract, not this form. |
| Farm or ranch | Farm and Ranch Contract, not this form. |
| Commercial property | TREC does not promulgate commercial property forms. |
Candidate memory hook:
One to four means the number of residential units. It does not mean the number of buyers, lots, or years in a lease.
Test the Recognition Rule in 60 Seconds
Do these before reading the detailed walkthrough. The point is not to memorize sentences from the form. It is to connect a fact to the right form, paragraph, or professional boundary.
A buyer is purchasing an existing duplex. Which base TREC contract fits?
AnswerOne to Four Family Residential Contract. An existing duplex is a residential resale with two units, so Form 20-19 is the recognition match. Check the facts for any required addenda.
The buyer wants an unrestricted right to terminate for seven days. Which paragraph should you inspect first?
AnswerParagraph 5. It covers earnest money, the termination option, the option fee, and the option period stated in the contract.
The buyer asks the sales agent to write a custom contingency. What is the exam-safe response?
AnswerDo not draft the clause. Use an applicable promulgated or approved form, or direct the party to an attorney. Paragraph 11 is not a license to create legal rights or remedies.
Complete Paragraph Reference
The quick review ends here. Continue when you need the full paragraph-by-paragraph explanation, or use the numbered shortcut above to open a specific paragraph. You do not need to read every section in one sitting.
Paragraph 1: Parties
Paragraph 1 identifies the seller and buyer.
That sounds simple, but exam questions can test whether the license holder understands that the parties must be correctly named. A contract involving an estate, trust, business entity, married owner, or entity buyer may require more care than a casual nickname.
An LLC, trust, estate, inherited property, or uncertain signing authority turns a simple name blank into a party-identity issue. The license holder should not guess at legal capacity or authority.
Common trap: treating a nickname, trade name, or uncertain signer as good enough. Rights and obligations run to the parties actually named in the contract.
Paragraph 2: Property
Paragraph 2 defines the property being sold.
This is one of the most important exam paragraphs because it separates real property, improvements, accessories, exclusions, and reservations.
Paragraph 2A: Land
The land section identifies the legal or descriptive property being sold. It usually includes lot, block, addition, city, county, address, ZIP code, or an attached exhibit.
Exam point:
The address helps identify the property, but legal descriptions matter in real transactions. If a fact pattern raises uncertainty about boundaries or legal description, the license holder should not casually invent a description.
Paragraph 2B: Improvements
Improvements include the house, garage, fixtures, and built-in or permanently installed items attached to the real property.
Built-in ovens, ceiling fans, attached mailboxes, installed security equipment, landscaping, and permanently installed generators are improvement clues. Form 20-19 expressly added generators to Paragraph 2B.
Paragraph 2C: Accessories
Accessories are related items that may not be fixtures in the same way but are included by the form.
Accessories include listed related items such as door and mailbox keys, garage-door controls, above-ground pool equipment, curtains, and rods. Read the printed list and any exclusions instead of deciding only by whether an item is attached.
The current form also addresses transferable smart-control rights for certain improvements and accessories. For exam purposes, this connects Paragraph 2 to Paragraph 10 on smart devices.
Paragraph 2D: Exclusions
Exclusions are items the seller keeps and removes before possession is delivered.
Exam clue:
If the seller wants to keep an item that would otherwise be included, it belongs in the exclusions area or another proper written agreement. Do not rely on a casual conversation.
Paragraph 2E: Reservations
Reservations deal with interests the seller keeps, such as oil, gas, other minerals, water, timber, or other interests, according to an attached addendum.
Exam clue:
If the seller reserves minerals, the Addendum for Reservation of Oil, Gas, and Other Minerals is the recognition answer. The sales agent should not draft custom mineral-reservation language.
Fast distinction: a retained chandelier is an exclusion issue, a refrigerator may call for the Non-Realty Items Addendum, leased solar panels point to a fixture lease, and a mineral reservation points to the appropriate addendum. An uncertain legal description calls for broker or attorney guidance, not improvisation.
Paragraph 3: Sales Price
Paragraph 3 breaks the sales price into the cash portion, financing, and total sales price.
For exam study, understand the math and the addendum triggers.
Paragraph 3A: Cash Portion
The cash portion is the amount payable by the buyer at closing, separate from financing described in attached financing addenda.
Exam trap:
Cash portion does not mean the buyer is bringing a suitcase of cash. It means the part of the sales price not described as financing in Paragraph 3B.
Paragraph 3B: Financing
Paragraph 3B points you to the attached financing addendum.
| Financing clue | Addendum |
|---|---|
| Buyer gets a lender loan | Third Party Financing Addendum. |
| Buyer assumes existing seller loan | Loan Assumption Addendum. |
| Seller finances buyer's purchase | Seller Financing Addendum. |
Paragraph 3C: Total Sales Price
Paragraph 3C is the sum of the cash portion and financing.
Paragraph 3 Exam Trap
Do not confuse sales price with loan amount, down payment, earnest money, or option fee.
The sales price is Paragraph 3A plus Paragraph 3B. Earnest money is a deposit handled through escrow, and the option fee pays for the Paragraph 5 termination option. Neither is a separate component of the Paragraph 3 sales-price calculation.
Paragraph 4: Leases
Paragraph 4 addresses leases affecting the property.
This paragraph matters because many candidates miss lease issues when the property is being sold.
Residential Leases
If the property is subject to one or more residential leases, the Addendum Regarding Residential Leases is attached.
An existing tenant, lease copies, or transferred security deposits point to the Addendum Regarding Residential Leases.
Fixture Leases
Fixture leases involve attached items that are leased, such as solar panels, propane tanks, water softeners, or security systems.
Leased solar panels, an attached leased propane tank, a leased water softener, or a leased security system point to the Addendum Regarding Fixture Leases.
Natural Resource Leases
Natural resource leases may include oil and gas, mineral, geothermal, water, wind, or other natural resource leases affecting the property.
Exam point:
This is not the same as a seller reserving minerals. Natural resource lease facts can affect title, use, disclosure, and buyer review rights.
Paragraph 4 Exam Trap
Do not confuse an existing tenant with temporary possession. A seller staying after closing or a buyer moving in before closing is a Paragraph 10 issue and calls for the appropriate temporary residential lease.
Paragraph 5: Earnest Money and Termination Option
Paragraph 5 covers earnest money, the option fee, and the termination option. Earnest money is a deposit held by the escrow agent toward buyer performance, while the option fee buys the buyer's unrestricted right to terminate during the option period.
Paragraph 5 is heavily testable because it combines money, deadlines, and termination rights.
The exam loves deadlines. Paragraph 5 gives it plenty.
Earnest Money
Earnest money is delivered to the escrow agent. Under the checked form version, the delivery deadline is within three days after the effective date.
Exam points:
| Concept | Exam meaning |
|---|---|
| Escrow agent | Holds earnest money according to the contract. |
| Three-day delivery | Deadline clue. |
| Additional earnest money | Separate deadline if the contract provides one. |
| Weekend or legal holiday | Deadline may extend to next day that is not a Saturday, Sunday, or legal holiday. |
The current form defines a Legal Holiday for this deadline rule. Read the definition in the form instead of assuming every business closure changes a contract deadline.
Option Fee
The option fee is the amount paid for the buyer's unrestricted right to terminate during the option period.
If the transaction closes, the option fee is credited to the sales price. If the buyer terminates under Paragraph 5, the option fee is not refunded, while the earnest money is refunded. Keeping those two outcomes separate prevents one of the most common option-period mistakes.
Exam points:
| Concept | Exam meaning |
|---|---|
| Option fee | Consideration for the termination option. |
| Option period | Time when buyer has unrestricted right to terminate. |
| 5:00 p.m. local time | Deadline for option-period termination notice. |
| Failure to pay option fee | Buyer does not get the unrestricted termination right under Paragraph 5. |
| Transaction closes | Option fee is credited to the sales price. |
Earnest Money vs Option Fee
| Feature | Earnest money | Option fee |
|---|---|---|
| Main role | Deposit toward buyer performance. | Payment for unrestricted termination right. |
| Held by | Escrow agent. | Paid through escrow agent under the form structure. |
| Refund if buyer terminates during option period | Typically refunded if termination notice is timely under Paragraph 5. | Not refunded under the option paragraph. |
| Exam clue | Deposit, escrow, default, release. | Option period, unrestricted right, 5:00 p.m. notice. |
Paragraph 5 Exam Trap
A buyer's option period does not exist just because a buyer wants one. The contract must state the option fee and option period, and the fee must be delivered as required.
Paragraph 6: Title Policy and Survey
Paragraph 6 is long because title and survey problems are common in real estate transactions.
For exam purposes, break it into five buckets:
- Title policy.
- Commitment and exception documents.
- Survey.
- Objections.
- Title notices.
Paragraph 6A: Title Policy
The title policy insures the buyer against certain title losses, subject to exclusions and exceptions.
Exam clues:
| Fact pattern says | Think |
|---|---|
| Owner policy of title insurance | Paragraph 6A. |
| Seller or buyer pays title policy | Paragraph 6A checkbox issue. |
| Title exception | Paragraph 6A or 6D issue. |
| Minerals exception | Title policy exception issue. |
Paragraph 6B: Commitment
The title commitment and exception documents are furnished after the title company receives the contract.
Exam point:
This creates a deadline and a buyer review issue. If commitment and exception documents are not delivered on time, the form gives consequences and possible termination rights.
Paragraph 6C: Survey
Paragraph 6C gives survey options.
The three basic recognition patterns are:
| Survey option | Exam clue |
|---|---|
| Seller provides existing survey and T-47 affidavit or T-47.1 declaration | Existing survey path. |
| Buyer may obtain new survey | Buyer-paid new survey path unless otherwise stated. |
| Seller provides new survey | Seller-paid new survey path. |
Exam trap:
If the existing survey is not accepted by the title company or lender, the contract may require a new survey and says who pays depending on the selected option.
Paragraph 6D: Objections
Buyer may object in writing to certain title, survey, or use issues within the required deadline.
Exam clues:
| Fact pattern says | Think |
|---|---|
| Buyer objects to restrictive matter on title | Paragraph 6D. |
| Survey shows encroachment | Paragraph 6D. |
| Title commitment reveals new exception | Paragraph 6D. |
| Objection deadline passed | Waiver issue. |
| Seller cannot cure | Buyer may terminate or waive if timely. |
Paragraph 6E: Title Notices
Paragraph 6E contains several statutory and practical notices. For exam purposes, know the recognition clues, not every statute number.
| Notice topic | Exam recognition |
|---|---|
| Abstract or title policy | Buyer should have title reviewed by attorney or obtain title policy. |
| Mandatory POA membership | POA addendum may be used. |
| Statutory tax districts | District notice may be required. |
| Tide waters or coastal property | Coastal addendum clue. |
| Annexation | Property outside municipality may be annexed. |
| Certificated water or sewer service area | Utility service area notice. |
| Public improvement district | PID notice addendum. |
| Private transfer fees | Transfer fee obligation. |
| Propane gas service area | Propane gas addendum. |
| Water level fluctuations | Lake or reservoir notice. |
| Mold remediation certificate | Seller certificate issue. |
| Required notices | Attach or identify applicable notices. |
Paragraph 6 Exam Trap
Do not treat title and survey paragraphs as legal advice territory for the agent. The contract itself even advises attorney review for title matters. On the exam, the safe license-holder answer often involves using the right form, explaining informational items, and recommending attorney review where legal effect is involved.
Paragraph 7: Property Condition
Paragraph 7 covers access and inspections, the seller's disclosure notice under Texas Property Code Section 5.008, lead-based paint disclosure for pre-1978 homes, as-is acceptance and repairs, environmental matters, and optional residential service contracts.
Paragraph 7 is a favorite for scenarios because it touches inspections, seller disclosure, lead-based paint, as-is language, repairs, environmental matters, and residential service contracts.
Paragraph 7A: Access, Inspections, and Utilities
Seller permits buyer and buyer's agents access at reasonable times. Buyer may have inspections by TREC-licensed inspectors or others permitted by law. Hydrostatic testing must be separately authorized in writing.
Exam clues:
| Fact pattern says | Think |
|---|---|
| Buyer wants inspection | Paragraph 7A. |
| Buyer wants hydrostatic plumbing test | Separate written authorization, likely hydrostatic testing addendum. |
| Seller turns off utilities | Utility obligation issue under Paragraph 7A. |
Paragraph 7B: Seller's Disclosure Notice
Paragraph 7B deals with the seller's disclosure notice under Texas Property Code Section 5.008.
Recognition patterns:
| Fact pattern says | Think |
|---|---|
| Buyer received seller's disclosure before contract | Check the received option. |
| Buyer has not received seller's disclosure | Delivery deadline and termination right issue. |
| Seller is not required to furnish notice | Exemption issue. |
Exam trap:
Seller disclosure is not the same as an inspection report. Seller disclosure is the seller's disclosure of known property condition information. An inspection report is prepared by an inspector.
Paragraph 7C: Lead-Based Paint
Lead-based paint disclosure is required by federal law for residential dwellings constructed before 1978.
Exam clue:
Pre-1978 residential dwelling means lead-based paint addendum and disclosure issue.
Paragraph 7D: Acceptance of Property Condition
Paragraph 7D addresses "as is" and any specific repairs or treatments the seller agrees to complete.
Exam points:
| Concept | Exam meaning |
|---|---|
| As is | Buyer accepts present condition, subject to contract rights. |
| Inspections still allowed | As-is selection does not eliminate Paragraph 7A inspection access. |
| Specific repairs | Repairs should be specific, not vague. |
| Option period | Buyer may still terminate during option period if applicable. |
Candidate trap:
Do not write "subject to inspection" as a repair item. That is exactly the kind of vague phrase the form warns against.
Paragraph 7E and 7F: Lender Required Repairs and Completion
Lender-required repairs can matter when the lender requires repairs or treatments before loan approval or closing.
Exam clues:
| Fact pattern says | Think |
|---|---|
| FHA lender requires repair | Lender-required repair issue. |
| Parties cannot agree who pays | Contract may terminate. |
| Costs exceed 5 percent of sales price | Buyer termination right may appear. |
| Seller agreed to repairs but did not finish | Buyer remedies or short extension issue. |
Paragraph 7G: Environmental Matters
Environmental concerns include wetlands, toxic substances, asbestos, waste, or threatened or endangered species habitat.
Exam clue:
If the buyer is concerned about environmental matters, think Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum.
Paragraph 7H: Residential Service Contracts
This paragraph addresses optional residential service contracts and seller reimbursement if agreed.
Exam trap:
A residential service contract is optional. Do not treat it as the same thing as insurance, inspection, or a repair warranty from the seller.
Paragraph 7I: Water Rights Disclosure
The current form calls TREC Form 61-0 the Seller's Water Disclosure. Rule 537.68 classifies the form for mandatory use to provide information about groundwater and surface-water rights. Paragraph 7I records whether the buyer received it, gives the seller a delivery period, or permits the no-delivery statement only when all five printed conditions are true.
Exam clue:
If the facts mention a well, a groundwater district, shared-well arrangements, or a surface-water right, identify the Seller's Water Disclosure. Do not treat it as a title policy or an ordinary property-condition inspection.
Paragraph 8: Brokers and Sales Agents
Paragraph 8 focuses on written disclosure when a license holder is a party or acts for certain related people or entities. The prior broker-fee subsection was removed from Form 20-19. Brokerage compensation is addressed in Paragraph 12B and separate written agreements.
Paragraph 8A: License Holder Disclosure
Texas law requires written disclosure when a real estate broker or sales agent is a party to the transaction or acts on behalf of certain related persons or entities.
Expect a written-disclosure question when the license holder is a party, acts for a spouse, parent, or child, acts as trustee or for a qualifying trust beneficiary, or owns more than 10 percent of a business entity involved in the transaction.
Paragraph 9: Closing
Paragraph 9 sets the closing date and explains closing obligations.
Paragraph 9A: Closing Date
Closing occurs on or before the stated date, or within the time stated after title objections are cured or waived, whichever date applies under the paragraph.
If the closing date passes without performance, connect Paragraph 9 to the default remedies in Paragraph 15. If timely title objections are cured late, read the contract's closing-date extension instead of assuming the original date still controls.
Paragraph 9B: At Closing
At closing, seller conveys title by general warranty deed, buyer pays the sales price in good funds, and the parties sign closing documents needed for sale and title policy issuance.
The seller delivers the deed and required closing documents, the buyer pays in good funds, and liens that are not being assumed must be satisfied from the proceeds. Private transfer fees are generally the seller's obligation unless the contract provides otherwise, while POA transfer fees are governed by the POA addendum.
Paragraph 10: Possession
Paragraph 10 is about when the buyer gets possession and what happens with smart devices.
Paragraph 10A: Buyer's Possession
The common possession choice is upon closing and funding. If buyer occupies before closing or seller remains after closing, use the proper written lease. TREC's Buyer's Temporary Residential Lease and Seller's Temporary Residential Lease are each limited to occupancy of no more than 90 days; a longer arrangement requires different legal documentation and attorney guidance.
Possession upon closing and funding is the ordinary selection. A buyer moving in before closing points to the Buyer's Temporary Residential Lease. A seller staying after closing points to the Seller's Temporary Residential Lease. Without a written lease, off-timeline possession creates a tenancy-at-sufferance relationship under the form.
Paragraph 10B: Smart Devices
The seller must provide access information needed for smart devices and remove seller access from personal devices when possession is delivered.
Smart locks, thermostats, cameras, and other connected devices create two duties at possession: provide the buyer with the access information and remove the seller's access from personal devices.
Paragraph 11: Special Provisions
Paragraph 11 is intended for additional informational items. TREC Rule 537.11 prohibits brokers and sales agents from drafting or recommending language that changes legal rights, obligations, or remedies, so agent-created clauses, contingencies, and remedies do not belong here.
Paragraph 11 is one of the most important exam paragraphs because it is the classic unauthorized practice of law trap.
The rule does contain one narrow recording provision. A license holder may make a conspicuous addition or deletion when a principal specifically gives that instruction in writing. The license holder still may not create the wording, recommend it, or advise the principal about its legal effect.
What Can Go in Special Provisions?
Informational items.
Examples that may be informational:
| Possible informational item | Why it may fit |
|---|---|
| A factual delivery instruction | It gives a factual instruction. |
| A reference to an attached exhibit | It identifies an attachment. |
| A factual detail that completes a blank | It supplies information rather than legal rights. |
What Should Not Go in Special Provisions?
Legal drafting.
Examples of dangerous items:
| Requested language | Problem |
|---|---|
| Escalation clause | TREC Rule 537.11 identifies escalation clauses as prohibited drafting examples. |
| Custom appraisal contingency | Legal rights and remedies issue. |
| Custom repair remedy | Legal obligation or remedy issue. |
| Custom financing escape clause | Contingency and remedy issue. |
| Language changing default remedies | Legal effect issue. |
Paragraph 11 Exam Trap
If a question says the buyer asks the agent to "write a clause," the best answer is usually not "put it in Special Provisions." The safer answer is to use the correct TREC addendum if one exists or advise the party to consult an attorney.
Keep practicing
Turn paragraph recognition into exam decisions.
Pass Texas gives you original contract scenarios on form selection, deadlines, addenda, disclosures, possession, default, escrow, and the Paragraph 11 drafting trap. Start in your browser, or continue on your phone.
Free to download and explore. Use the same account on the web, iPhone, iPad, and Android.
Paragraph 12: Settlement and Other Expenses
Paragraph 12 allocates settlement expenses and addresses brokerage compensation. Form 20-19 reorganized this paragraph and added Paragraph 12B.
For the exam, know the expense categories, negotiated contributions, and governmental loan limitation.
Paragraph 12A: Settlement Expenses
Seller expenses include items such as releases of existing liens, preparation of the deed, and other seller charges stated by the contract. Buyer expenses include loan, appraisal, recording, prepaid, and other buyer charges. The current form also lets the parties select whether Seller or Buyer pays the owner's title policy in Paragraph 6A, so do not assign that cost from habit.
Paragraph 12A includes a negotiated amount one party may contribute toward the other party's expenses. The completed contract controls the amount and purpose.
Exam clue:
If the fact pattern asks who pays a settlement cost, look for Paragraph 12 and any blank the parties completed.
Paragraph 12B: Brokerage Compensation
Brokerage compensation is negotiable and comes from separate written agreements. Paragraph 12B provides contract selections for a Seller or Buyer payment toward the other party's brokerage fees. It does not create a fixed commission or make compensation automatic.
Exam clue:
If a question asks who pays a broker, use the written agreements and completed contract facts. Do not infer a customary percentage or automatic payer.
Government Loan Expense Limits
Paragraph 12C addresses a governmental loan program that prohibits the buyer from paying particular charges or fees. In that situation, any seller concession stated in Paragraph 12A(1)(b) is applied first to the prohibited buyer expenses and then to other buyer expenses, but not to brokerage compensation or a Paragraph 12B contribution.
Exam trap:
Do not assume the parties can shift every cost however they want when a governmental loan program prohibits a buyer charge. Read the completed contract and the applicable loan-program rule.
Paragraph 13: Prorations
Paragraph 13 covers prorations through closing.
Prorations are a math and concept favorite.
Current-year taxes, interest, rents, and regular periodic maintenance fees, assessments, and dues are prorated through the closing date.
Tax Proration Trap
Taxes for the current year may be estimated at closing. If actual taxes later differ, the parties adjust after statements become available.
Exam clue:
If a question asks why a closing number later changes, look for tax-proration adjustment.
Paragraph 14: Casualty Loss
Paragraph 14 handles damage or destruction after the effective date.
This is not the same as an inspection issue discovered before the contract. It is about casualty loss after the contract is already effective.
Buyer Options If Seller Cannot Restore
If the seller cannot restore the property by closing because of factors beyond the seller's control, the buyer may terminate for an earnest-money refund, extend performance for up to 15 days, or accept the damaged property with an insurance-proceeds assignment if the carrier permits it and a credit for the deductible.
Paragraph 14 Exam Trap
Do not confuse casualty loss with repair negotiations under Paragraph 7. Paragraph 14 is about fire or other casualty after the effective date.
Paragraph 15: Default
Paragraph 15 sets default remedies. If buyer defaults, seller may generally seek specific performance or other relief, or terminate and keep earnest money as liquidated damages. If seller defaults, buyer may generally seek specific performance or other relief, or terminate and receive the earnest money.
Paragraph 15 gives remedies when a party fails to comply.
Buyer Default
If buyer fails to comply, seller may generally pursue specific performance or other legal relief, or terminate and receive earnest money as liquidated damages, depending on the contract and facts.
Seller Default
If seller fails to comply, buyer may generally pursue specific performance or other legal relief, or terminate and receive the earnest money.
Paragraph 15 Exam Trap
Do not decide who wins a lawsuit. The exam usually asks which paragraph applies, what remedy is described, or whether a license holder should give legal advice. The license holder should not predict legal outcome.
Paragraphs 16 and 17: Mediation and Attorney's Fees
These paragraphs are short but useful.
Paragraph 16: Mediation
Texas policy encourages dispute resolution through mediation. Contract disputes not resolved informally are submitted to a mutually acceptable mediation service or provider, while the paragraph does not prevent certain court relief.
Exam clue:
If a buyer and seller are fighting but have not resolved the dispute informally, mediation may be the next contract concept.
Paragraph 17: Attorney's Fees
The prevailing party in a legal proceeding related to the contract may recover reasonable attorney's fees and costs.
Exam clue:
Attorney's fees are not the same as broker fees. Brokerage compensation is handled by separate written agreements and the selections in Paragraph 12B.
Paragraph 18: Escrow
Paragraph 18 describes the escrow agent's role and earnest-money release mechanics.
Escrow Agent Role
The escrow agent is not a party to the contract and does not decide the merits of buyer and seller disputes.
Exam clue:
If buyer and seller disagree over earnest money, the escrow agent generally needs proper releases, demand procedure, or other lawful authority before disbursement.
Demand Procedure
If the contract terminates, either party or the escrow agent may send a release. If a party refuses to sign, a party may make a written demand for the earnest money. When only one party makes the demand, the escrow agent sends a copy to the other party. If the escrow agent receives no written objection within 15 days, the form permits disbursement to the demanding party, less authorized unpaid expenses.
Wrongful Refusal
Paragraph 18 states that a party who wrongfully fails or refuses to sign an acceptable release within seven days after receiving the request can be liable for damages, the earnest money, reasonable attorney's fees, and costs of suit.
Paragraph 18 Exam Trap
Do not assume the broker personally decides who gets the earnest money. Earnest money disputes follow contract, escrow, and legal procedures.
Paragraphs 19 and 20: Representations and Governmental Requirements
Paragraph 19: Representations
Paragraph 19 says contract covenants, representations, and warranties survive closing. It also says that if a seller representation is untrue on the closing date, seller is in default.
It also permits the seller to continue showing and receiving, negotiating, and accepting backup offers unless a written agreement expressly prohibits it.
Exam clue:
Backup offers are not automatically forbidden just because there is a contract. If the seller accepts a backup contract, the Addendum for "Back-Up" Contract becomes the recognition form.
Paragraph 20: Governmental Requirements
Paragraph 20 addresses withholding when the seller is a foreign person, currency-reporting rules, and other governmental reporting requirements. The current form requires the parties to promptly provide statements, documents, and information requested by the escrow agent for required government reporting.
Exam clue:
FIRPTA-style withholding is a federal requirement issue. License holders should not provide tax advice about it.
Paragraphs 21, 22, and 23: Notices, Addenda, and Attorney Review
Paragraph 21: Notices
Paragraph 21 states that notices must be in writing and identifies acceptable delivery methods and contact details for the parties and their agents. Form 20-19 clarifies that a notice is effective when sent to the party or that party's agent by an authorized method.
An oral termination, late option notice, wrong recipient, or unauthorized delivery method points to Paragraph 21 plus the paragraph that created the deadline. The current form recognizes mail, hand delivery, overnight courier, and electronic transmission to the party or the party's agent.
Paragraph 22: Agreement of Parties and Addenda
Paragraph 22 lists addenda and notices that may be part of the contract and says the contract contains the entire agreement of the parties and can only be changed by written agreement. Form 20-19 organizes the list into Financial, Leases, Additional Tests and Reports, Statutory Disclosures and Notices, and Other.
Common addenda listed include financing, seller financing, POA, temporary leases, loan assumption, sale of other property by buyer, mineral reservation, backup contract, coastal area, hydrostatic testing, appraisal termination, environmental, short sale, lead-based paint, propane gas, residential leases, fixture leases, improvement district assessment, Section 1031 exchange, and other listed addenda.
Exam recognition:
| Fact pattern clue | Addendum |
|---|---|
| Lender loan | Third Party Financing Addendum. |
| Seller financing | Seller Financing Addendum. |
| Mandatory POA | POA addendum. |
| Buyer moves in before closing | Buyer's Temporary Residential Lease. |
| Seller stays after closing | Seller's Temporary Residential Lease. |
| Buyer assumes existing loan | Loan Assumption Addendum. |
| Buyer must sell another property | Addendum for Sale of Other Property by Buyer. |
| Seller reserves minerals | Mineral reservation addendum. |
| Second buyer is backup | Backup contract addendum. |
| Low lender appraisal termination right | Appraisal termination addendum. |
| Environmental concerns | Environmental assessment addendum. |
| Short sale | Short Sale Addendum. |
| Property built before 1978 | Lead-based paint addendum. |
| Leased fixtures | Fixture leases addendum. |
| Groundwater, wells, or surface-water rights | Seller's Disclosure about Groundwater and Surface Water Rights, TREC Form 61-0. |
Paragraph 23: Consult an Attorney Before Signing
Paragraph 23 is a bright-line exam paragraph.
TREC rules prohibit real estate brokers and sales agents from giving legal advice. The form tells parties to read the contract carefully and consult an attorney before signing.
Exam clue:
When a party asks what a paragraph legally means, whether a clause protects them, how to draft a custom remedy, or whether they should waive a right, the agent should not give legal advice.
Broker Information and Receipt Sections
After the main contract paragraphs, the form includes execution, broker information, and receipt sections.
Execution and Effective Date
The effective date is the date final acceptance is communicated after the final writing has been signed and unequivocally accepted. The broker fills in that date; it is not necessarily the date written beside the last signature.
Exam importance:
Many deadlines run from the effective date. Earnest money, option fee, additional earnest money, seller disclosure timing, title commitment timing, survey timing, and objection deadlines can all depend on dates.
Broker Information
The broker information section identifies broker firms, representation roles, associates, supervisors, licenses, contact information, and team names.
Exam connections:
| Field | Related exam topic |
|---|---|
| Represents buyer only | Agency disclosure and representation. |
| Represents seller only | Listing broker role. |
| Intermediary | Texas intermediary rules. |
| Licensed supervisor | Broker responsibility and supervision. |
| Team name | Advertising and registered names. |
| Broker fee disclosure | Compensation agreements and separate written agreements. |
Receipt Sections
The receipt sections acknowledge contract receipt, earnest money receipt, option fee receipt, and additional earnest money receipt.
Exam trap:
Receipt of the contract is not the same as receipt of earnest money or option fee. The exam may separate those deadlines and acknowledgments.
Worked Examples: TREC Form 20-19
These original examples show the decision the exam is likely to test. They are not copied questions and are not official Pearson VUE items.
Scenario 1: Existing Home With Bank Financing
A buyer contracts to purchase an existing single-family home. The buyer will obtain a conventional mortgage from a lender.
Best exam recognition: One to Four Family Residential Contract plus Third Party Financing Addendum.
Why: Existing single-family resale points to the base contract. Lender financing points to third-party financing.
Scenario 2: Condo Unit
A buyer is purchasing a resale condominium unit. The agent prepares the One to Four Family Residential Contract because the property is residential.
Best exam recognition: Wrong base contract.
Why: TREC states the One to Four Family Residential Contract is not for condominium transactions. Use the Residential Condominium Contract for a resale condo.
Scenario 3: Buyer Misses the Option Fee Deadline
The contract states an option fee and option period, but the buyer does not deliver the option fee within the time required.
Best exam recognition: Buyer does not have the unrestricted termination right under Paragraph 5.
Why: The option right depends on the stated fee and timely delivery.
Scenario 4: Buyer Wants the Agent to Write an Appraisal Clause
The buyer asks the sales agent to draft custom wording allowing termination if the appraisal is low.
Best exam recognition: Unauthorized practice of law and possible appraisal addendum issue.
Why: TREC Rule 537.11 prohibits agents from drafting or recommending legal language such as appraisal clauses. Use an approved form where applicable or advise attorney consultation.
Scenario 5: Fire Before Closing
After the effective date, a kitchen fire damages part of the property. Seller cannot restore the property before closing.
Best exam recognition: Paragraph 14 casualty loss.
Why: Damage after the effective date is casualty loss, not simply inspection or repair negotiation.
Multiple-Choice Practice Questions
Try these original questions before checking the key. They are written the way the exam tends to test the contract: a fact pattern that points to one paragraph, form, or remedy.
1. Form recognition
A buyer is purchasing a resale condominium unit. Which contract should the license holder use?
A. The One to Four Family Residential Contract, because a condo is residential. B. The Residential Condominium Contract, because TREC does not use the One to Four Family form for condos. C. The New Home Contract, because the unit is being sold individually. D. The Farm and Ranch Contract, because the unit is part of a larger structure.
2. Option fee and termination
A contract states an option fee and a 10-day option period, but the buyer never delivers the option fee within the time required. What is the result?
A. The buyer still has the unrestricted right to terminate during the option period. B. The buyer does not obtain the unrestricted termination right under Paragraph 5. C. The earnest money automatically converts to the option fee. D. The seller must extend the option period until the fee is paid.
3. Special Provisions
A buyer asks the sales agent to write an escalation clause into Paragraph 11, Special Provisions. What should the agent do?
A. Draft the escalation clause, because Special Provisions is for additional terms. B. Draft the clause but label it "informational only." C. Decline to draft legal language and use an approved form or advise attorney consultation. D. Move the clause to Paragraph 12 instead.
4. Possession after closing
The seller needs to remain in the home for ten days after closing and funding. What is the correct way to handle this?
A. A verbal agreement between the parties is sufficient. B. A Seller's Temporary Residential Lease. C. A Buyer's Temporary Residential Lease. D. Nothing is needed; possession always transfers after closing.
5. Damage after the effective date
After the effective date but before closing, a kitchen fire damages the home, and the seller cannot restore it before closing. Which paragraph controls the buyer's options?
A. Paragraph 7, because it is a condition issue. B. Paragraph 9, because it affects closing. C. Paragraph 14, casualty loss. D. Paragraph 15, default.
Multiple-Choice Answer Key
1. Form recognition
Answer: B. TREC states the One to Four Family Residential Contract is not used for condominium transactions. A resale condo unit uses the Residential Condominium Contract.
2. Option fee and termination
Answer: B. The unrestricted termination right depends on a stated option fee and timely delivery. Without timely payment, the buyer does not get the option-period termination right under Paragraph 5. The option fee is not the same as earnest money.
3. Special Provisions
Answer: C. TREC Rule 537.11 prohibits brokers and sales agents from drafting legal language, and it names escalation clauses as a prohibited example. The safe move is an approved form where one exists, or attorney consultation. Paragraph 11 is for informational items only.
4. Possession after closing
Answer: B. When the seller stays after closing, possession should be covered by a Seller's Temporary Residential Lease. A buyer moving in before closing would use a Buyer's Temporary Residential Lease. Off-timeline possession without a written lease creates a tenancy-at-sufferance risk.
5. Damage after the effective date
Answer: C. Damage after the effective date is a casualty loss under Paragraph 14, not an inspection or repair issue under Paragraph 7. If the seller cannot restore the property, the buyer may terminate for an earnest money refund, extend time, or accept the property with an insurance-proceeds assignment and deductible credit where permitted.
Common Traps on the One to Four Family Contract
| Mistake | Better exam habit |
|---|---|
| Using this form for condos | Condo resale uses Residential Condominium Contract. |
| Using this form for builder new homes | Builder new homes use New Home Contract forms. |
| Ignoring farm and ranch facts | Farm and ranch has a separate contract. |
| Treating option fee like earnest money | Option fee buys the unrestricted termination right. |
| Missing the 5:00 p.m. option notice deadline | Option termination notice has a time component. |
| Assuming "as is" prevents inspections | Buyer may still inspect under Paragraph 7A. |
| Drafting custom clauses in Special Provisions | Special Provisions is for informational items, not legal drafting. |
| Confusing addendum and amendment | Addendum adds terms, amendment changes an existing signed contract. |
| Treating possession as automatic before or after closing | Off-timeline possession needs a written lease. |
| Letting parties rely on oral notices | Notices must be in writing under Paragraph 21. |
| Deciding earnest money disputes as the agent | Escrow and release procedures apply. |
| Forgetting TREC form versions change | Verify the current TREC form before use. |
Your Next Study Move
If you can identify the paragraph before looking at the answer choices, you are using the form the way the exam expects. Take the five questions above without notes. If you miss two or more, return to the paragraph map and review only the rows tied to those mistakes.
When you are ready for a mixed set, use the free Texas real estate practice test. To keep your results, target weak topics, and continue on your phone, download Pass Texas. The app is free to download and includes free study access before any purchase decision.
What To Pair With This
| Pair this article with | Why it helps |
|---|---|
| TREC Forms Recognition Guide | Helps identify which addendum or form a scenario is pointing toward. |
| TREC Promulgated Contract Forms Overview | Explains when license holders must use TREC forms and when exceptions apply. |
| Unauthorized Practice of Law on the Texas Real Estate Exam | Essential for Paragraph 11 and legal-advice traps. |
| Texas Real Estate Duties to Clients and Minimum Services | Connects contract handling to client duties. |
| Broker-Sales Agent Relationships and Supervision | Brokers supervise form use and sponsored sales agent conduct. |
| Texas Real Estate Fee Splitting, Rebates, and Compensation | Useful context for broker fees and compensation agreements. |
| Free Texas Real Estate Practice Test | Use after reviewing the paragraph map. |
FAQ
What is the One to Four Family Residential Contract used for?
It is used for resale residential properties that are single-family homes, duplexes, triplexes, or fourplexes. TREC says it is not for condominium transactions, new homes sold by a builder, or farm and ranch properties.
What is the current TREC One to Four Family Contract version?
TREC No. 20-19 became effective July 1, 2026. TREC identifies it as the current One to Four Family Residential Contract (Resale). Always confirm the active version on TREC before using a form in a real transaction.
What changed in TREC Form 20-19?
The 2026 form added generators to Paragraph 2B, defined Legal Holiday in Paragraph 5A(2), added the Seller's Water Disclosure in Paragraph 7I, reorganized settlement and brokerage-compensation language, expanded governmental reporting language, reorganized the Paragraph 22 addenda list, and updated the broker information page.
What paragraph covers earnest money and option fee?
Paragraph 5 covers earnest money, additional earnest money, the option fee, and the termination option. It is one of the most tested paragraphs because it combines money, deadlines, and termination rights.
What paragraph is the unauthorized practice of law trap?
Paragraph 11 is the major trap because it is for informational items only. A broker or sales agent should not draft legal clauses, contingencies, remedies, or language affecting party rights. TREC Rule 537.11 reinforces that boundary.
What does Paragraph 21 cover?
Paragraph 21 covers notices. Notices from one party or the party's agent to the other must be in writing and sent by a method authorized in the contract. Connect a late, oral, or misdirected notice to Paragraph 21 and any paragraph that created the deadline.
What do the receipt sections on the last page cover?
The last page separates receipt of the contract from receipt of earnest money, the option fee, and any additional earnest money. Do not assume one acknowledgment proves that every payment was received on time.
Can a Texas sales agent explain this contract?
A license holder may explain informational items or choices in the form, but may not give legal advice or opinions about legal effect. If the party asks for legal interpretation, custom language, or advice about rights and remedies, the license holder should advise attorney consultation.
Source check completed September 5, 2026: Paragraph numbering and contract rules were checked against TREC No. 20-19. Drafting boundaries were checked against 22 TAC Rule 537.11. Exam weighting was checked against Pearson VUE's Texas Sales Agent State Law outline effective January 1, 2026. The examples and questions are original study material, not official Pearson VUE questions.
Your next study move
See which contract rules you can use without the guide.
Take the free Texas practice test, save your result, and continue with focused practice on the topics that need more work.
Prefer your phone? Choose the iPhone, iPad, or Android app.
Sources and Methodology
This article uses official sources first and translates the contract into exam-facing study patterns.
The method:
- Use TREC's One to Four Family Residential Contract page to confirm scope, form ID, effective dates, and use limits.
- Use the TREC No. 20-19 form to follow the paragraph structure from parties through receipts.
- Use TREC's Contracts page to identify related addenda and current form-version caveats.
- Use TREC's current temporary-lease and Form 61-0 pages for form scope and names.
- Use TREC Rule 537.1 for definitions of contract forms, mandatory use, voluntary use, license holder, and informational item.
- Use TREC Rule 537.11 for mandatory form use and unauthorized practice of law boundaries.
- Use Pearson VUE's Texas content outline to confirm that promulgated contracts, forms, and addenda are exam topics.
- Convert each paragraph into exam clues, common mistakes, and original scenarios.