TREC Contract Changes 2026 – Key Updates for Texas Real Estate Agents

The Texas Real Estate Commission (TREC) has adopted several updates to its standard contract forms under 22 TAC Chapter 537 following recommendations from the Broker-Lawyer Committee. Forms adopted for voluntary use, including the Seller’s Disclosure Notice, the Lead-Based Paint Addendum, and the new Seller’s Notice to Buyer of Removal of Contingency, may be used once they are posted on the agency’s website. The remaining revised forms will also be available for voluntary use upon posting, with mandatory use beginning July 1, 2026.

As a trusted title partner for Texas real estate professionals, Republic Title is committed to helping agents stay informed about important industry updates, including upcoming TREC contract changes and revised Texas real estate forms.

Key TREC Contract Changes Taking Effect July 1, 2026

Paragraph 12 Broker Compensation Language Updated

Paragraph 12B has been revised to provide greater clarity regarding broker compensation language.

Notice Delivery Clarified in Paragraph 21

Notices are effective when in writing and mailed to, hand-delivered at, sent by overnight courier to, or transmitted by electronic transmission to the other party or their agent.

New Definition of “Legal Holiday”

TREC added a formal definition of “Legal Holiday” as it relates to earnest money and option period deadlines. The definition references a portion of Texas Government Code Section 662.003 and includes New Year’s Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, Juneteenth, and the Friday after Thanksgiving.

Generators Added to Improvements in Paragraph 2B

Permanently installed and built-in generators are now specifically included under Improvements to reflect the increasing prevalence of generators in residential properties.

New Water Disclosure Form Created

A new Water Disclosure addressing groundwater and surface water rights has been added following recommendations from the Sunset Advisory Commission.

Expanded Seller’s Disclosure Notice

The Seller’s Disclosure Notice now includes additional items such as insurance-related issues, private road maintenance obligations, above-ground storage tanks, and conservation easements.

Paragraph 22 Reorganized for Addenda

Addenda have been reorganized into clearer categories to improve contract readability and navigation.

New Back-Up Contract Form Adopted

TREC adopted a new form titled Seller’s Notice to Buyer of Removal of Contingency Under Addendum for “Back-Up” Contract to provide additional clarity when backup contracts move into primary position.

Paragraph 20 Updated for Governmental Requirements

Paragraph 20 now includes additional language related to governmental reporting requirements, including documentation required for FinCEN compliance.

What Texas Real Estate Agents Should Do Next

Real estate professionals should begin reviewing these updates now to ensure they are prepared for the upcoming transition. Early familiarity with the revised forms will help agents better guide clients and maintain smooth transactions once the changes become mandatory in 2026.

Republic Title is proud to provide ongoing education, resources, and support to help Texas real estate professionals navigate industry changes with confidence.

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