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Commonly Asked Questions about Texas Real Estate Forms

Its important to distinguish between the Texas Association of Realtors and the Texas Real Estate Commission (TREC). TAR is a private trade association for real estate professionals, while TREC is a government agency responsible for regulating real estate agents.
When it comes to contracts for property sales or leases, license holders must use the appropriate TREC-promulgated form UNLESS another contract form has been prepared by, and is REQUIRED by, the property owner.
Final answer: An exception to a license holder using a TREC-promulgated contract would be if an attorney-prepared form is used. This is because attorneys have the knowledge and skills to prepare legal contracts that meet all requirements and protect all parties.
The contract forms are available for public use. A TREC contract form, however, is intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use. A mistake in the use of a form may result in financial loss or an unenforceable contract.
Promulgated contract forms are forms that are both approved and required by the Texas Real Estate Commission. These will be used by agents and brokers alike during transactions to make the agreements official.
In Texas, while buyers and sellers can draft their own real estate contract forms, it is highly advisable to seek professional assistance from legal experts, the Texas Real Estate Commission (TREC), or real estate professionals to ensure the document adheres to the intricacies of state laws and provides comprehensive
Brokers and Agents Must Use TREC Forms Unless one is a real estate license holder, there is no required form for a residential real estate contract in Texas.