Texas contracts

    TREC promulgated contract forms, which one applies and the rules that govern them.

    Texas license holders must use the TREC form for the situation. Here are the six contract types, the key addenda, who drafts them, and the line a license holder cannot cross into practicing law.

    Quick answer

    TREC promulgates standard contract forms drafted by the Broker-Lawyer Committee, and license holders must use the right one (TREC Rules, 22 TAC §537). You fill in the blanks and attach approved addenda. You may not draft language or add clauses, which is the unauthorized practice of law.

    The six contract types

    Match the property to the form.

    The exam asks which promulgated contract fits a scenario. Learn the six by what they cover, not by their revision number.

    Form 20
    1-4 Family (Resale)

    One to Four Family Residential Contract (Resale): the most common form, for existing homes. Current version 20-18.

    Form 9
    Unimproved Property

    Unimproved Property Contract: for vacant land or lots without significant improvements.

    Form 23
    New Home (Incomplete)

    New Home Contract (Incomplete Construction): when construction is not yet finished.

    Form 24
    New Home (Completed)

    New Home Contract (Completed Construction): for a finished new home from a builder.

    Form 25
    Farm & Ranch

    Farm and Ranch Contract: for agricultural and rural property with land and improvements.

    Form 30
    Condominium (Resale)

    Residential Condominium Contract (Resale): for a resale condo, with condo-specific addendum requirements.

    Key addenda

    The addenda that ride along with the contract.

    Addenda add contingencies and terms to the base contract. These are the ones the exam most often names.

    Form 40

    Third Party Financing Addendum

    Makes the contract contingent on the buyer obtaining a specified loan; states approval terms and deadlines.

    Form 10

    Sale of Other Property by Buyer

    Makes the buyer's purchase contingent on the buyer selling another property.

    Form 11

    Addendum for Back-Up Contract

    Used when a first contract already exists; makes this contract contingent on termination of the first.

    Form 36

    POA Mandatory Membership

    Required when the property is subject to mandatory membership in a property owners association.

    Form 15 / 16

    Temporary Residential Lease

    Seller's (15) or Buyer's (16) Temporary Residential Lease for short post-closing or pre-closing occupancy under 90 days.

    Form 38

    Notice of Buyer's Termination

    Notice a buyer uses to terminate under the option period or another contractual right.

    The rules

    Promulgation, mandatory use, and the law line.

    The most tested point: a license holder completes forms but does not practice law. Walk the rules.

    Who must use the promulgated forms?

    Texas license holders must use the appropriate TREC promulgated form when one exists for the transaction. The requirement comes from the TREC Rules (22 TAC §537) and TRELA. License holders fill in the blanks; they do not draft the contract language.

    Who writes the forms?

    The Texas Real Estate Broker-Lawyer Committee drafts the contract forms, and TREC adopts them by rule. TREC periodically revises the forms, which is why each has a version suffix such as 20-18.

    When may a license holder NOT use a promulgated form?

    When no promulgated form exists for the situation, or when a principal is represented by an attorney who prepares the contract. A license holder may not practice law: they cannot add clauses, draft language, or advise on legal effect beyond completing the form's blanks and using approved addenda.

    Can a license holder change the printed text?

    No. License holders complete blanks and attach promulgated or approved addenda. Altering the promulgated language or drafting custom provisions is the unauthorized practice of law.

    What does promulgated mean for TREC forms?+

    Promulgated means TREC has officially adopted the form by rule and requires license holders to use it. The forms are drafted by the Texas Real Estate Broker-Lawyer Committee and adopted under the TREC Rules (22 TAC §537).

    Which TREC form is used for a typical home resale?+

    The One to Four Family Residential Contract (Resale), Form 20 (current version 20-18). It is the most frequently used promulgated contract and covers existing single-family homes and small residential properties.

    Why do TREC forms have numbers like 20-18?+

    The first number identifies the form (20 is the resale contract) and the second is the revision. TREC updates the forms periodically, so the suffix changes. Several revisions take effect in 2026. Always use the current version on TREC's website; the exam tests which form applies, not the suffix.

    Can a real estate agent draft a contract clause in Texas?+

    No. Drafting contract language or adding custom legal provisions is the unauthorized practice of law. A license holder completes the blanks on the promulgated form and attaches approved addenda. Anything beyond that should be handled by an attorney.

    Where do promulgated forms appear on the Texas exam?+

    In the Texas Contracts (Promulgated Forms) state-law area and in agency and standards-of-conduct questions. The Pass Texas app drills them across 1,200+ Texas-specific questions for one $59.99 purchase.

    Drill the forms

    Know which form, and the line you cannot cross.

    Pass Texas includes 1,200+ Texas-specific questions with the full Trap Library and weak-area tracking for one $59.99 purchase. No subscription. No copied exam questions.

    Sources reviewed June 2026: TREC promulgated contract forms and the TREC Rules (22 TAC §537). TREC revises forms periodically; always use the current version on TREC's site. For exam preparation, not legal advice.