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Texas Purchase Contracts & Seller Disclosures

If a Texas real estate agent is involved, the transaction will usually use the applicable TREC contract form. Choose your situation:

Buying or selling without an agent (FSBO)

See your contract options, required seller disclosures, and when attorney review makes sense.

See the FSBO contract options

PublicLegal does not sell a TREC lookalike. When the official form is the right document, we link you to it.

Texas law and forms checked August 2026 · Sources include TREC and Texas Property Code §5.008

PublicLegal provides independent self-help guidance and links to official Texas sources. We do not sell or reproduce TREC or Texas REALTORS® purchase contracts.

Last reviewed: August 2026 Sources: TREC · Prop. Code §5.008 · EPA lead materials

Editorial summary based on TREC’s public contract-use materials, the TREC Seller’s Disclosure Notice page, and Texas Property Code §5.008. Re-check official sources before you rely on deadlines or form versions—TREC and the Legislature update materials over time.

Who this page is for

  • Buyers or sellers trying to understand how Texas residential contracts usually work
  • FSBO parties who need the official form path and disclosure timing before involving a title company or attorney
  • People comparing PublicLegal deed or lease products with the separate purchase-contract step

Who should use another path

  • Anyone looking to download a PublicLegal “official Texas TREC contract” — we do not sell that
  • Complex commercial, new-construction, farm/ranch, or heavily negotiated deals that need a Texas real estate attorney from the start

Two common Texas situations

Working with an agent or broker

When a Texas real estate license holder is negotiating a sale, exchange, option, or similar transaction and a mandatory TREC form exists for that deal, TREC rules generally require the license holder to use the promulgated form (with limited exceptions, such as certain owner- or attorney-required documents).

TREC publishes those contract forms as public records. TREC also states the forms are intended primarily for licensed brokers and sales agents trained in their correct use, and that mistakes can cause financial loss or an unenforceable contract.

If you are represented by a Texas agent, expect the transaction to run on the current TREC residential contract and related addenda—not on a generic national form from a forms website.

Buying or selling without an agent (FSBO)

If no Texas license holder is filling out the contract for you, you still need a written agreement that meets Texas contract basics and works with your title company and lender (if any).

TREC notes that its forms are available to any person as public records, but they are aimed at trained license holders. Private parties who use them assume the risk of mistakes. Many FSBO sellers and buyers instead use a Texas real estate attorney to prepare or review the contract.

PublicLegal does not sell a Texas purchase-contract substitute. Use this page to understand the landscape, pull official disclosures, and connect to title/deed steps after you are under contract.

Seller’s disclosure (Property Code §5.008)

For many sales of residential real property with not more than one dwelling unit, Texas Property Code §5.008 requires the seller to give the purchaser a written seller’s disclosure notice in the form prescribed by the statute or a written notice substantially similar that includes at least the statutory items.

The notice must be delivered on or before the effective date of an executory contract that binds the purchaser to buy. If a covered contract is entered without the required notice, the purchaser may terminate the contract for any reason within seven days after receiving the notice.

TREC publishes a Seller’s Disclosure Notice that is designed to meet the statutory minimum. Some industry forms add extra questions; those expanded association forms are separate products and are not what PublicLegal sells.

Sellers generally complete the notice to the best of their knowledge and belief. If something is unknown, the statute allows indicating that it is unknown. This page is general information—not a determination of whether your transfer is covered or exempt.

Common exemption categories

§5.008 does not apply to every transfer. Common statutory exemption categories include (confirm the current code text for your facts):

  • Certain court-ordered transfers (for example probate, execution, bankruptcy, eminent domain, or specific-performance contexts described in the statute)
  • Various foreclosure, deed-in-lieu, and lender-acquisition paths described in the statute
  • Transfers between co-owners; to a spouse or lineal relative; or between spouses in divorce/separation contexts described in the statute
  • Transfers to or from a governmental entity
  • A new residence of not more than one dwelling unit that has not previously been occupied for residential purposes
  • Real property where the value of any dwelling does not exceed five percent of the value of the property

Exemptions are technical. If you are unsure whether disclosure is required, read the current statute or ask a Texas attorney or your title company before you skip the notice.

Texas purchase checklist

Use this as a practical sequence—not a substitute for advice on your facts.

  1. Confirm whether a Texas real estate license holder is preparing the contract
  2. If yes, expect current TREC residential contract forms and related addenda from your agent
  3. If no, decide on attorney preparation/review versus careful use of public TREC blanks—and accept the risk of DIY mistakes
  4. For covered one-dwelling sales, deliver the §5.008 seller’s disclosure on or before the contract’s effective date
  5. Use the current TREC Seller’s Disclosure Notice (or another notice that meets the statute) when disclosure is required
  6. Add federal lead disclosures and the EPA pamphlet when the housing is pre-1978
  7. Ask your title company what they need for earnest money, scheduling, and closing documents
  8. Treat the deed and recording package as a separate step from the purchase contract
  9. Call a Texas real estate attorney if the deal involves unusual title, survey, HOA, financing, or dispute issues

Step summary

  1. Identify who is preparing the contract If a Texas broker or sales agent is negotiating the sale and a mandatory TREC form exists, that license holder generally must use the promulgated form. FSBO parties often use a Texas attorney or, at their own risk, public TREC blanks.
  2. Handle seller disclosure on time For many one-dwelling residential sales, deliver the §5.008 seller’s disclosure on or before the contract’s effective date. Late delivery can give the buyer a short statutory termination window after they finally receive the notice.
  3. Add lead and other property-specific notices Pre-1978 housing generally needs federal lead disclosures. HOA, MUD/tax district, PID, coastal, and similar notices depend on the property—verify rather than assume a national form covers them.
  4. Close with title and convey with a deed Texas residential closings usually run through a title company. The deed that transfers title is a separate document from the purchase contract.

Other notices that often appear in Texas deals

Depending on the property, buyers and sellers may also see separate notices or addenda. These are not all universal. Verify what applies to your address and transaction:

  • Federal lead-based paint disclosure and EPA pamphlet for most pre-1978 housing
  • Property Owners’ Association / mandatory membership disclosures where applicable
  • Public improvement district (PID) assessment notices where applicable
  • Statutory tax district / MUD-style notices where the property lies in such a district
  • Coastal, tidally influenced, or Gulf Intracoastal-related notices for affected properties
  • Annexation, water-level fluctuation, propane service area, or private transfer-fee notices where statutes require them

TREC and Texas REALTORS® materials catalog many of these. Use official or transaction-specific forms—not a generic national packet—when a notice is required.

Title, closing, and the deed (separate from the contract)

Most Texas residential closings run through a title company. Earnest money is commonly held by the title company or in a broker escrow arrangement under the contract’s terms.

The purchase contract is the agreement to buy and sell. The deed is the document that conveys title at closing. Recording, transfer taxes or fees, and deed type are separate issues from choosing a TREC contract form.

When you need conveyance forms after you are under contract, start with PublicLegal’s Texas deed guidance rather than treating a purchase contract as a deed substitute.

When to talk with a Texas real estate attorney

  • You are unsure whether a license holder must use TREC forms on your deal
  • You are FSBO and uncomfortable drafting or interpreting contract contingencies
  • Title, survey, access, or lien issues appear on the commitment
  • The property has complex HOA, leasehold, mineral, coastal, or new-construction issues
  • A party wants major custom terms beyond filling in standard blanks
  • Someone asks you to sign a contract you do not understand

What PublicLegal does not sell for Texas

  • A “Texas TREC purchase contract” or lookalike of the 1-4 Family Residential Contract (Resale) or other promulgated TREC contracts
  • Texas Association of REALTORS® (TAR) copyrighted forms
  • Any form marketed as the official or mandatory Texas purchase agreement from PublicLegal

That keeps this page honest: you get orientation and official links, not a lookalike of the promulgated TREC contract used in most Texas brokered sales.

Frequently asked questions

Does PublicLegal sell the official Texas residential purchase contract?

No. PublicLegal does not sell a TREC substitute or an “official Texas purchase contract.” When a Texas license holder is negotiating a covered sale, the normal path is a current TREC-promulgated contract form from TREC or your agent. We link the official TREC contracts page so you can use the real source.

If I am selling FSBO, can I just download TREC forms myself?

TREC states that its contract forms are public records available to any person, but they are intended primarily for licensed brokers and sales agents trained in their correct use. Private parties who use them assume the risk of mistakes that can cause financial loss or an unenforceable contract. Many FSBO parties hire a Texas real estate attorney to prepare or review the agreement and still use a title company to close.

What is the Texas seller’s disclosure, and when is it due?

For many sales of residential property with not more than one dwelling unit, Property Code §5.008 requires a written seller’s disclosure notice on or before the effective date of the binding purchase contract. TREC publishes a Seller’s Disclosure Notice aimed at the statutory minimum. Some transfers are exempt under the statute—read the current code or ask a professional if you are unsure.

What if the seller’s disclosure is delivered after the contract is signed?

If a covered contract is entered without the required notice, §5.008 generally allows the purchaser to terminate for any reason within seven days after receiving the notice. Do not treat this page as advice about your specific deadline; confirm the current statute and your contract dates.

Is the TREC Seller’s Disclosure Notice the same as a TAR disclosure form?

Not necessarily. TREC’s notice is built around the statutory minimum. Some association forms include additional questions beyond the statute. PublicLegal does not sell TAR forms. If disclosure is required, use a notice that satisfies §5.008—commonly the current TREC Seller’s Disclosure Notice.

Does a purchase contract transfer the title to the house?

No. The purchase contract is the agreement to buy and sell. Title typically transfers later by deed at closing, usually through a title company. PublicLegal’s Texas deed pages address conveyance documents; they are not a substitute for the purchase contract.

What else might I need besides the contract and §5.008 notice?

Pre-1978 homes generally need federal lead disclosures. Depending on the property, HOA, tax-district/MUD, public improvement district, coastal, or other notices may apply. Your contract, title company, and official sources should drive that list—not a generic national packet.

When should I talk to a Texas real estate attorney?

Consider an attorney if you are FSBO and uncomfortable with contract language, if title or survey problems appear, if the property has complex HOA or special-district issues, if someone wants heavily customized terms, or if you are being pressured to sign documents you do not understand. This page is orientation, not representation.

PublicLegal provides self-help forms and information. This is not legal advice. Real estate purchase and disclosure rules vary by state and transaction. Confirm requirements for your property with a qualified professional when needed.