Trec 20 15 2025

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There is no standard residential real estate contract in Texas, at least not in the sense that any particular form is required. Contract forms published by the Texas Real Estate Commission (TREC) and Texas Realtors (TXR) are commonly used; however, they are optional.
There is also the 40 or 48 Rule contained in Property Code Section 5.066(a): if the buyer has paid in 40% or more of the purchase price, or the equivalent of 48 monthly payments, then a 60-day notice is required and, if the default is not cured, a traditional foreclosure (not an eviction) must be used to regain title.
The purpose of Legal Update I is to support Texas license holder competence through the review of recent legislative and TREC rule changes, including changes to TREC promulgated contract forms. The courses include topics relevant to the current practice of real estate in Texas.
Typically, earnest money is used to show that you are committed to purchasing the property and is held in escrow until closing. If you decide to back out of the contract for reasons not covered by contingencies in the contract, such as financing or inspection contingencies, you may forfeit your earnest money.
Rather than paying the earnest money to the seller, the buyer usually delivers the earnest money to an agreed-upon third party, the title company, who holds the earnest money for safekeeping until the sale closes or terminates. If the sale successfully closes, the title company credits the earnest money to the seller.

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If all the buyers legitimate deadlines have expired and the buyer is considered to be in default of the contract, the seller can elect to keep the earnest money as liquidated damages and agree to cancel the contract, says Horner.

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