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In Texas real estate exam questions, the statute of frauds means certain agreements must be in writing and signed by the party to be charged to be enforceable. Real estate sale contracts and leases for more than one year are the big exam triggers. Addenda matter because they put special contract terms in writing: financing, seller financing, loan assumption, POA membership, temporary possession, backup status, minerals, appraisal rights, short sale approval, fixture leases, and other transaction facts. If the parties only discuss a side agreement orally, or if a license holder drafts custom legal language instead of using the correct addendum or recommending an attorney, the exam is usually testing statute-of-frauds risk or unauthorized practice of law.

26.01
Texas statute-of-frauds section
537.11
TREC form-use and UPL rule
8
Sales agent state contract items
2
Core real estate writing triggers

Texas addenda and the statute of frauds belong together on the real estate exam because they both answer the same practical question:

Is this agreement properly written into the deal?

The statute of frauds is not about fraud in the everyday sense. It is a writing rule. For Texas real estate exam purposes, the high-yield point is that a contract for the sale of real estate and a lease of real estate for more than one year generally must be in writing and signed by the party to be charged.

Addenda are where many special written terms live. A buyer needs third-party financing. A seller will finance the purchase. The buyer must sell another home first. The property is subject to mandatory POA membership. The seller stays after closing. The buyer wants an appraisal termination right. Those facts should not float around as handshake promises or text-message side deals.

Your exam habit should be simple:

  1. Does the agreement need to be in writing?
  2. If yes, is the special fact handled in the correct contract, addendum, notice, amendment, or attorney-prepared document?

Table of Contents

Texas Addenda and Statute of Frauds: Quick Facts

Exam issue Short answer
What is the statute of frauds? A rule requiring certain agreements to be in writing and signed to be enforceable.
Does "frauds" mean someone lied? No. In this topic, it means a writing requirement.
Biggest Texas real estate triggers Sale of real estate and lease of real estate for more than one year.
What does "party to be charged" mean? The party against whom enforcement is sought.
Why do addenda matter? They put special terms into the written contract package.
Are oral side agreements safe exam answers? Usually no, especially when they change real estate contract rights or obligations.
Can a license holder draft missing legal terms? No. TREC Rule 537.11 prohibits legal drafting and legal advice.
What if a TREC addendum fits the fact? Use the correct promulgated form rather than custom language.
What if no TREC addendum fits? The party should consult an attorney.
Does an amendment matter? Yes. Changes to a signed real estate contract should be in writing.

The Exam Rule in One Table

This is the core exam table.

If the fact pattern says Think statute of frauds? Think addendum? Safer exam move
Buyer and seller orally agree to sell a house Yes Base contract needed Real estate sale contract should be in writing and signed.
Landlord and tenant orally agree to a two-year lease Yes Lease document needed Lease for more than one year should be in writing and signed.
Buyer will obtain lender financing Yes, because it is part of real estate contract terms Third Party Financing Addendum Put financing terms in the proper addendum.
Seller will finance part of purchase price Yes Seller Financing Addendum Do not rely on oral seller-finance terms.
Buyer will assume seller's existing loan Yes Loan Assumption Addendum Use written assumption terms.
Buyer must sell another property first Yes Addendum for Sale of Other Property by Buyer Do not draft custom contingency language.
Seller stays after closing Yes, possession and lease rights Seller's Temporary Residential Lease Put leaseback in writing.
Buyer moves in before closing Yes, possession and lease rights Buyer's Temporary Residential Lease Put early possession in writing.
Seller reserves minerals Yes, interest in real property Mineral reservation addendum Use the addendum or attorney drafting.
Buyer wants a custom escape clause Yes, rights and remedies Maybe no TREC form fits Refer to attorney.

What Must Be in the Writing

The exam usually does not ask you to draft a contract from scratch. It asks whether the agreement has enough written substance to avoid the obvious statute-of-frauds problem.

For Texas real estate exam purposes, a safe writing should point to these core items:

Writing element Why it matters on the exam Example clue
Parties The agreement must show who is bound. Buyer and seller are named.
Property The real estate must be identifiable. Address, legal description, lot and block, or attached exhibit.
Essential price or exchange terms The deal needs core economic terms. Sales price, financing, assumption, seller financing, or lease rent.
Required special terms Important conditions should not live only in conversation. Financing, sale of other property, possession timing, mineral reservation.
Signature The party to be charged, or authorized signer, must sign. Seller signs the contract buyer wants to enforce.
Integrated addenda or amendments Related documents should be part of the written contract package. Financing addendum, temporary lease, amendment to closing date.

Think of it this way:

Weak exam fact Stronger written-contract fact
"Seller said buyer could have the house." Seller signed a contract identifying buyer, seller, property, and price.
"Buyer texted that seller could stay two weeks." Seller's Temporary Residential Lease is signed and attached.
"Agent wrote that financing will be figured out later." Third Party Financing Addendum or Seller Financing Addendum is completed.
"The parties agreed after signing to close next month." Written Amendment to Contract changes the closing date.

The exam does not need you to decide whether a messy writing would win in court. That is legal analysis. The safer license-holder answer is to put real estate agreements and material changes into the proper signed writing and recommend attorney review for legal-effect questions.

Signature and Party to Be Charged

The signature issue is where statute-of-frauds questions get a little sharper.

The basic exam rule is:

The writing must be signed by the party to be charged or by someone lawfully authorized to sign for that party.

Signature Table

Who wants enforcement? Against whom? Who is the party to be charged? Signature issue
Buyer wants seller to sell Seller Seller Is there a writing signed by seller or seller's authorized signer?
Seller wants buyer to buy Buyer Buyer Is there a writing signed by buyer or buyer's authorized signer?
Landlord wants tenant bound to two-year lease Tenant Tenant Is there a written lease signed by tenant or authorized signer?
Tenant wants landlord bound to two-year lease Landlord Landlord Is there a written lease signed by landlord or authorized signer?
Buyer wants seller to honor seller-finance terms Seller Seller Are seller-finance terms in a signed writing?
Seller wants buyer to honor an oral closing extension Buyer Buyer Was the extension put in a written amendment signed as required?

Authorized Signature Traps

Some questions test who may sign.

Fact pattern Exam concern
Assistant signs a contract for broker or client Authority problem.
Sales agent signs for buyer without written authority Authority and legal-risk problem.
One spouse signs but the other owner does not Ownership and signature problem.
LLC buyer is named but individual signs unclearly Entity authority problem.
Estate, trust, or corporation is party Capacity and authority may require attorney or broker guidance.

For the exam, do not have the sales agent solve authority problems by guessing. If the proper party, signer, capacity, or legal effect is unclear, the safer answer is broker guidance and attorney consultation.

What the Statute of Frauds Means

The statute of frauds is a rule about enforceability.

Texas Business and Commerce Code Section 26.01 says certain promises or agreements are not enforceable unless they are in writing and signed by the person to be charged with the promise or by someone lawfully authorized to sign for that person.

For Texas real estate exam purposes, two categories matter most:

Category Exam translation
Contract for the sale of real estate A sale contract for real property should be written and signed.
Lease of real estate for a term longer than one year A long-term lease should be written and signed.

The exam is not usually asking you to litigate exceptions. It is usually asking whether the candidate recognizes the writing requirement.

The "Party to Be Charged"

The phrase "party to be charged" means the party against whom someone is trying to enforce the agreement.

Example:

Buyer says, "Seller promised to sell me the ranch for $500,000."

If Buyer wants to enforce that promise against Seller, Seller is the party to be charged. The writing and signature issue focuses on whether Seller signed a sufficient writing or whether someone authorized by Seller signed.

What Counts as the Safe Exam Answer?

For exam purposes, the safe answer is:

The agreement should be in writing, identify the parties, identify the property, include essential terms, and be signed by the party to be charged.

Do not overcomplicate it unless the question gives you specific facts about an exception or a court dispute.

Why Addenda Matter Under the Statute of Frauds

Addenda matter because a real estate contract is more than the main contract form.

The written contract package may include:

Document Role
Base contract Creates the main purchase agreement.
Addendum Adds special terms at or before execution.
Amendment Changes the already signed contract.
Notice Gives required information or exercises a contract right.
Disclosure Provides required or relevant information.

If the parties orally agree to an important term but never put it into the signed contract package, the exam may test whether that term is enforceable or whether the license holder handled it incorrectly.

Addenda Keep Special Terms Out of the Air

Think of addenda as the written landing place for special facts.

Special fact Why oral agreement is risky Common written form
Buyer needs lender approval Financing affects buyer's obligation to close. Third Party Financing Addendum.
Seller carries the note Payment terms affect major contract rights. Seller Financing Addendum.
Buyer must sell another home Contingency affects buyer's duty to perform. Addendum for Sale of Other Property by Buyer.
Seller stays after closing Possession after ownership transfer creates lease and risk issues. Seller's Temporary Residential Lease.
Buyer moves in early Possession before closing creates lease and risk issues. Buyer's Temporary Residential Lease.
Seller keeps minerals Reservation affects real property interests. Addendum for Reservation of Oil, Gas, and Other Minerals.
Property has leased fixtures Lease obligations may affect buyer after closing. Addendum Regarding Fixture Leases.

Common TREC Addenda and Their Writing Function

This section focuses on the connection between addenda and written enforceability.

It is not enough to know the form name. You need to know what written issue the addendum solves.

Financing Addenda

Addendum Trigger Writing function
Third Party Financing Addendum Buyer gets lender financing Writes the financing approval terms into the contract package.
Seller Financing Addendum Seller finances purchase Writes seller-finance terms instead of leaving them oral.
Loan Assumption Addendum Buyer assumes seller's existing loan Writes assumption terms and loan-related requirements.
Addendum for Release of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement Seller needs release or VA entitlement restoration Writes the specific release or entitlement issue.

Exam pattern:

If the fact says financing but does not say who provides the loan, slow down.

Financing source Addendum
Bank, mortgage company, credit union, lender Third Party Financing Addendum.
Seller Seller Financing Addendum.
Existing seller loan remains and buyer takes it over Loan Assumption Addendum.

Contingency and Status Addenda

Addendum Trigger Writing function
Addendum for Sale of Other Property by Buyer Buyer must sell another property first Writes the buyer's sale contingency.
Addendum for "Back-Up" Contract Second buyer takes backup position Writes backup status and how it becomes primary.
Short Sale Addendum Seller needs lienholder approval because proceeds are short Writes short-sale approval terms.
Addendum Concerning Right to Terminate Due to Lender's Appraisal Buyer wants appraisal-related termination right Writes a specific appraisal termination right.
Addendum for Section 1031 Exchange Party uses a Section 1031 exchange Writes exchange-related cooperation terms.

Exam pattern:

If the buyer says, "I only want to be bound if..." the question is often about a contingency. The correct answer is not for the sales agent to invent language. Use the applicable addendum or recommend attorney review.

Possession Addenda and Temporary Leases

Form Trigger Writing function
Seller's Temporary Residential Lease Seller stays after closing Writes leaseback terms after ownership changes.
Buyer's Temporary Residential Lease Buyer moves in before closing Writes early possession terms before ownership changes.

Possession is a statute-of-frauds trap because candidates often think, "They can just agree on the move-in date."

On the exam, off-timeline possession should be written.

Fact Better answer
Seller says they will move out two weeks after closing Seller's Temporary Residential Lease.
Buyer wants to move in five days before closing Buyer's Temporary Residential Lease.
Parties orally agree to a two-year residential lease Written lease required under statute-of-frauds rule.

Property, Title, and Disclosure Addenda

Addendum or form Trigger Writing function
Addendum for Property Subject to Mandatory Membership in a Property Owners Association Mandatory POA membership Writes POA and document-delivery issues.
Addendum for Reservation of Oil, Gas, and Other Minerals Seller reserves minerals Writes reservation of real property interests.
Non-Realty Items Addendum Personal property transfers with sale Writes non-realty item agreement.
Addendum Regarding Fixture Leases Attached items are leased Writes fixture lease obligations.
Addendum Regarding Residential Leases Existing residential leases affect property Writes tenant lease information.
Lead-Based Paint Addendum Pre-1978 residential dwelling Writes federally required lead-based paint disclosure.
Environmental Assessment Addendum Wetlands, environmental issues, endangered species Writes environmental assessment or review terms.
Hydrostatic Testing Addendum Buyer wants hydrostatic plumbing test Writes authorization for testing.
Coastal Area Addendum Coastal property Writes coastal notice or disclosure issue.
Propane Gas System Service Area Addendum Property in propane gas service area Writes required propane service-area notice.
PID assessment addendum Public improvement district assessment Writes PID notice issue.

Exam pattern:

If the special term affects property rights, risk, title, possession, financing, or contract remedies, it needs a written place. If a TREC addendum fits, use it. If no TREC form fits and legal rights are affected, attorney drafting is the safer answer.

Addendum vs Amendment vs Notice

The exam likes these distinctions.

Document Timing Purpose Example
Addendum Usually attached to the contract when signed Adds special terms to the contract package Third Party Financing Addendum.
Amendment After contract is already signed Changes existing contract terms Parties change closing date after execution.
Notice Before or after execution, depending on purpose Gives required information or exercises a right Notice of Buyer's Termination of Contract.

Addendum

An addendum is part of the written agreement if properly attached and signed or incorporated as required.

Example:

Buyer is using seller financing. The parties should use the Seller Financing Addendum rather than orally agreeing that the seller will "work out the details later."

Amendment

An amendment changes a contract that already exists.

Example:

Buyer and seller signed the contract last week. Today they agree to move closing from June 20 to June 28. That should be handled by a written amendment.

Exam trap:

Do not call every later change an addendum. If the contract has already been signed and the parties are changing a term, think amendment.

Notice

A notice communicates something the contract or law requires or allows.

Example:

Buyer terminates during the option period. The relevant concept is a written termination notice, not an amendment.

Oral Agreement Traps

Statute-of-frauds questions often hide inside casual language.

Watch for these words:

Trap phrase Why it matters
"They agreed orally" Writing problem.
"They shook hands" Writing problem.
"The agent promised" Authority and writing problem.
"The seller said not to worry" Writing and reliance trap.
"They texted but never signed" Signature and sufficiency issue.
"They planned to add it later" Missing written term.
"The buyer assumed it was included" Contract interpretation and writing issue.
"The agent wrote a clause" Unauthorized practice of law issue.

Oral Sale Agreement

If the fact pattern says buyer and seller orally agreed to the sale of a home, the exam answer is usually:

The contract for the sale of real estate must be in writing and signed to satisfy the statute of frauds.

Oral Long-Term Lease

If the fact pattern says landlord and tenant orally agreed to a lease longer than one year, the exam answer is usually:

A lease of real estate for more than one year must be in writing and signed.

Oral Side Agreement

If buyer and seller have a written contract but orally agree to add a refrigerator, delay possession, reduce the price, or change the closing date, the exam answer is usually:

The agreement should be included in the written contract package through the proper addendum or amendment.

License Holder Boundaries

Statute-of-frauds questions often overlap with unauthorized practice of law.

TREC Rule 537.11 says a license holder may not practice law, give legal advice, give opinions about legal effect, or draft or recommend language that defines or affects rights, obligations, or remedies of the parties. The rule specifically includes examples such as escalation, appraisal, or contingency clauses.

What a License Holder Can Do

Action Why it is generally allowed
Use the correct promulgated form TREC forms are intended for trained license holder use.
Fill in factual blanks Informational items may be added.
Explain informational items or choices Allowed if not giving legal advice.
Recommend attorney consultation Required for unusual matters and safest for legal-effect questions.
Tell parties a contract is binding TREC Rule 537.11 requires advising principals that the instrument is binding.

What a License Holder Should Not Do

Action Problem
Draft a custom contingency Legal drafting.
Explain whether an oral agreement is enforceable Legal advice.
Decide whether a text message satisfies statute of frauds Legal advice.
Write mineral reservation language from scratch Legal drafting affecting real property rights.
Tell a buyer they can safely ignore a signed addendum Legal advice.
Use Special Provisions to rewrite contract remedies Legal drafting.

The Special Provisions Trap

If the exam says, "Where should the agent write the buyer's custom right to terminate if the appraisal is low?" do not automatically answer Special Provisions.

The better answer is:

Use the applicable TREC addendum if one exists, or advise the buyer to consult an attorney.

CONTRACT AND ADDENDA PRACTICE

Drill the difference between writing rules, addenda, and legal advice.

The Texas real estate exam prep app is built for Texas sales agent candidates: original Texas-focused practice questions, national and state review, math drills, case-study practice, flashcards, and weak-area feedback. Use it to practice Texas statute-of-frauds questions, TREC addenda recognition, oral-agreement traps, amendments, notices, and unauthorized practice of law scenarios. Native Texas exam prep. Original questions. No copied exam questions. Not affiliated with TREC or Pearson VUE. Not a 180-hour pre-license course or a pass guarantee.

Practice Texas contract questions

Common Exam Patterns

Pattern 1: The Missing Writing

Question clue:

Buyer and seller agreed orally that buyer would purchase a home.

Best answer:

The sale of real estate should be in writing and signed to satisfy the statute of frauds.

Pattern 2: The Missing Addendum

Question clue:

Buyer will obtain lender financing, but the parties did not include the financing addendum.

Best answer:

The transaction should use the appropriate financing addendum to put financing terms in writing.

Pattern 3: The Oral Change

Question clue:

After signing, buyer and seller orally agree to extend closing.

Best answer:

Changes to the signed contract should be in a written amendment.

Pattern 4: The Wrong Form

Question clue:

The buyer must sell another property, so the agent writes a custom sentence in Special Provisions.

Best answer:

Use the Addendum for Sale of Other Property by Buyer. Do not draft custom contingency language.

Pattern 5: The Legal Advice Ask

Question clue:

Buyer asks whether an unsigned email exchange creates an enforceable contract.

Best answer:

The license holder should not give legal advice. Advise attorney consultation.

Original Scenario Examples

These examples are original learning examples. They are not copied exam questions and are not official Pearson VUE questions.

Scenario 1: Handshake Home Sale

Buyer and seller orally agree that buyer will purchase seller's home for $350,000. They shake hands, but neither signs a written contract.

Best exam answer: The contract for the sale of real estate generally must be in writing and signed to satisfy the statute of frauds.

Why: This is the core statute-of-frauds trigger.

Scenario 2: Two-Year Lease

Landlord and tenant orally agree to a two-year residential lease.

Best exam answer: A lease of real estate for more than one year generally must be in writing and signed.

Why: Long-term lease is a statute-of-frauds trigger.

Scenario 3: Seller Financing by Conversation

The parties sign a resale contract but only orally agree that seller will finance $100,000 of the sales price.

Best exam answer: Seller financing should be written into the contract package with the Seller Financing Addendum.

Why: Payment and financing terms affect major contract rights and obligations.

Scenario 4: Buyer Needs to Sell Current Home

Buyer tells the agent, "I can only buy this house if my current home sells first. Just write that in Special Provisions."

Best exam answer: Use the Addendum for Sale of Other Property by Buyer or advise attorney consultation if the form does not fit.

Why: A custom sale contingency affects rights and obligations. TREC provides a specific addendum for this common issue.

Scenario 5: Seller Stays After Closing

The parties orally agree that seller may stay in the home for 12 days after closing.

Best exam answer: Use Seller's Temporary Residential Lease.

Why: Possession after closing should be written. The temporary lease form is designed for this sale-related possession issue.

Scenario 6: Buyer Moves In Early

Seller says buyer can move in five days before closing. The agent says no extra form is needed because everyone trusts each other.

Best exam answer: Use Buyer's Temporary Residential Lease.

Why: Early possession should be written. Trust is not a substitute for the correct written form.

Scenario 7: Mineral Reservation

Seller wants to sell a ranch but reserve the mineral rights. The agent drafts a short mineral clause.

Best exam answer: Use the mineral reservation addendum or advise attorney drafting.

Why: Mineral reservations affect real property interests. A license holder should not draft custom legal language.

Scenario 8: Refrigerator Promise

Seller orally promises to leave the refrigerator, washer, and dryer, but the signed contract does not mention them.

Best exam answer: Use Non-Realty Items Addendum when personal property will transfer with the real property sale.

Why: Personal-property side agreements can create disputes when they are not written into the contract package.

Scenario 9: Low Appraisal Clause

Buyer asks the agent to write, "Buyer may cancel if the property does not appraise for the purchase price."

Best exam answer: Use the appropriate appraisal addendum if applicable or advise attorney consultation.

Why: TREC Rule 537.11 specifically warns against license holders drafting appraisal clauses.

Scenario 10: Oral Closing Extension

After execution, buyer and seller orally agree to move the closing date by two weeks.

Best exam answer: Use a written Amendment to Contract.

Why: A signed contract change should be written. Oral change is a classic exam trap.

Common Mistakes

Mistake Better exam habit
Thinking statute of frauds means fraud occurred Treat it as a writing and signature rule.
Thinking a handshake sale of real estate is enough Look for a written, signed agreement.
Ignoring leases longer than one year Long-term real estate leases are a writing-rule trigger.
Treating addenda as optional paperwork Addenda often carry the written special terms.
Putting custom contingencies in Special Provisions Use the TREC addendum if available or recommend attorney drafting.
Confusing amendment with addendum Amendment changes an already signed contract.
Relying on oral side agreements Important contract terms should be written.
Letting the agent decide enforceability That is legal advice.
Forgetting party to be charged The signature issue focuses on the party against whom enforcement is sought.
Treating texts or emails as a simple exam answer Sufficiency of electronic writings can be legal advice unless the exam gives a clear rule.

Study Plan

Use this as a four-part study plan.

Step Study task Goal
1 Learn statute-of-frauds triggers Know sale of real estate and lease longer than one year.
2 Sort addenda by trigger Financing, possession, property, title, disclosure, contingency, status.
3 Drill oral-agreement traps Handshake, side promise, oral extension, missing addendum.
4 Practice license-holder boundaries Know when to use a form and when to recommend attorney consultation.

Last-Minute Cheat Sheet

Question clue Best exam reaction
Oral sale of house Statute of frauds writing issue.
Oral lease for two years Statute of frauds writing issue.
Buyer gets loan Third Party Financing Addendum.
Seller carries note Seller Financing Addendum.
Buyer assumes loan Loan Assumption Addendum.
Buyer must sell current home Addendum for Sale of Other Property by Buyer.
Seller stays after closing Seller's Temporary Residential Lease.
Buyer moves in before closing Buyer's Temporary Residential Lease.
Seller reserves minerals Mineral reservation addendum or attorney drafting.
Parties change closing after signing Amendment to Contract.
Buyer terminates under a contract right Written notice of termination.
Agent asked to draft custom clause UPL trap. Recommend attorney.

What To Pair With This

Pair this article with Why it helps
TREC Forms Recognition Guide Helps you identify which addendum matches a fact pattern.
TREC Promulgated Contract Forms Overview Explains mandatory form use and Rule 537.11 exceptions.
The One to Four Family Residential Contract, Line by Line Shows where addenda fit inside the core resale contract.
Unauthorized Practice of Law on the Texas Real Estate Exam Reinforces why agents cannot draft custom legal clauses.
Enforcing Compensation Agreements in Texas Connects writing requirements to enforceability questions.
Texas Real Estate Duties to Clients and Minimum Services Links contract handling to client service duties.
Free Texas Real Estate Practice Test Use after studying the addenda and writing-rule tables.

FAQ

What is the statute of frauds in Texas real estate?

For exam purposes, the statute of frauds is the rule that certain agreements must be in writing and signed to be enforceable. The most important real estate examples are contracts for the sale of real estate and leases of real estate for more than one year.

Does statute of frauds mean someone committed fraud?

No. In this context, "frauds" is a historical label for a writing requirement. The exam usually tests whether the agreement should be written and signed, not whether someone lied.

What does party to be charged mean?

It means the party against whom someone is trying to enforce the promise or agreement. If a buyer tries to enforce an alleged sale agreement against a seller, the seller is the party to be charged.

Why do addenda matter for the statute of frauds?

Addenda put special terms into the written contract package. Financing, seller financing, loan assumption, temporary possession, mineral reservations, appraisal rights, backup status, and short sale approval are too important to leave as oral side agreements.

Is an oral agreement to sell a Texas home enforceable?

For exam purposes, the safe answer is no. A contract for the sale of real estate generally must be in writing and signed to satisfy the statute of frauds. A real case can involve legal arguments, so a license holder should not give legal advice about enforceability.

Is an oral two-year lease enforceable in Texas?

For exam purposes, a lease of real estate for more than one year generally must be in writing and signed. If the question asks about a two-year lease made orally, think statute-of-frauds problem.

What is the difference between an addendum and an amendment?

An addendum adds special terms to the contract package, usually when the contract is signed. An amendment changes an existing signed contract. If buyer and seller already signed and later change closing, price, repairs, or other terms, think written amendment.

Can a sales agent draft a custom addendum?

No, not if the language defines or affects the rights, obligations, or remedies of the parties. TREC Rule 537.11 prohibits license holders from drafting or recommending legal language. The agent should use the correct promulgated form or advise the party to consult an attorney.

Can Special Provisions be used for a custom contingency?

Usually no. Special Provisions is for informational items, not legal drafting. Custom contingencies are a classic unauthorized-practice-of-law trap.

What addendum is used if the buyer must sell another property first?

The Addendum for Sale of Other Property by Buyer is the common TREC form for that fact pattern. Do not draft a custom sale contingency in Special Provisions.

What addendum is used if the seller stays after closing?

Seller's Temporary Residential Lease is the recognition answer. Seller possession after closing should be handled in writing.

What should I practice for addenda and statute-of-frauds questions?

Practice oral sale agreements, oral long-term leases, missing addenda, oral contract changes, financing addenda, possession forms, mineral reservations, non-realty items, and custom clause requests. The Texas real estate exam prep app includes original Texas-focused contract and addenda scenarios. Native Texas exam prep. Original questions. No copied exam questions. Not affiliated with TREC or Pearson VUE. Not a 180-hour pre-license course or a pass guarantee.

Are the examples in this article official Pearson VUE exam questions?

No. The examples in this article are original learning examples. They are not copied exam questions and are not official Pearson VUE questions.

Primary-source verification (2026-06-16): This article was checked against Texas Business and Commerce Code Section 26.01, TREC's Contracts page, TREC Rule 537.1, TREC Rule 537.11, Pearson VUE's Texas Real Estate exam page, and the Pearson VUE Texas Real Estate Content Outlines. Requirements, form versions, effective dates, exam policies, and procedures can change. Verify current details with TREC, Texas statutes, and Pearson VUE before making licensing, form-use, or scheduling decisions.

Sources and Methodology

This article uses official sources first and translates statute-of-frauds and addenda rules into exam-facing decision patterns.

The method:

  1. Use Texas Business and Commerce Code Section 26.01 for the general Texas statute-of-frauds writing rule.
  2. Emphasize the real estate sale and lease-over-one-year triggers because those are the highest-value exam points.
  3. Use TREC Rule 537.1 to connect contract forms with addenda, notices, amendments, and related documents.
  4. Use TREC Rule 537.11 to explain mandatory form use and unauthorized practice of law boundaries.
  5. Use TREC's Contracts page to identify common addenda and current form categories.
  6. Use Pearson VUE's Texas content outline to confirm that promulgated contracts, forms, addenda, and statute of frauds are tested.
  7. Convert legal rules into original examples and recognition tables without copying exam questions.