AgentHubTX
TREC Addenda Reference Library
← Back to Hub
How to use this page: Each entry below covers what an addendum is for and what it actually obligates each party to do, based on the current form language and the underlying Texas statute where one applies. This is a working reference, not legal advice — always confirm you're using the current, TREC-effective version of a form before attaching it to a contract, and route anything genuinely complex to John or outside counsel.

Table of Contents

Financing & Loan-Related
Third Party Financing Addendum
Form ID: 40-11 · Effective 01/03/2025 · trec.texas.gov
Governs how a buyer's financing works in the contract and controls the seller's biggest risk in a financed deal — whether the buyer can actually close. Splits financing risk into two separate approval types, each with its own deadline.
Buyer Obligation

Must promptly apply for financing and give timely notice if unable to obtain Buyer Approval (their own qualification: income, credit, assets) or if the property fails Property Approval (lender underwriting, appraisal, required repairs) — missing either deadline forfeits that termination right.

Seller Obligation

Must allow the financing and appraisal process to run its course within the agreed timelines; cannot force the buyer past a legitimate financing failure without exposing the deal to termination under this addendum.

Addendum Concerning Right to Terminate Due to Lender's Appraisal
Form ID: 49-1 · trec.texas.gov
Used only alongside the Third Party Financing Addendum — not used in cash, FHA, or VA transactions. Offers a full waiver, partial waiver, or an additional termination right tied to how the property appraises.
Buyer Obligation

Must act within whichever appraisal-related termination right the parties selected on the form — a full waiver removes the buyer's ability to walk away over a low appraisal entirely.

Seller Obligation

None beyond honoring whichever option is checked; sellers often request this addendum specifically to get a buyer to waive appraisal contingency rights in a competitive offer.

Loan Assumption Addendum
Form ID: 41-3 · Effective 02/01/2023 · trec.texas.gov
Used when a buyer assumes the seller's existing loan. Often a companion to the Release of Liability/VA Entitlement addendum (12-3) — unless that release happens, a vendor's lien and deed of trust get created to secure the assumption.
Buyer Obligation

Must deliver credit documentation (credit report, employment/income verification, funds on deposit) within the stated window; seller can terminate if it's not delivered on time. Buyer also bears responsibility if the actual assumed loan balance varies from the stated figure by more than $500 at closing, unless someone agrees to cover the difference.

Seller Obligation

Remains liable on the underlying note unless separately released via the 12-3 addendum — meaning the seller carries real ongoing risk on this loan even after the sale unless that release is obtained.

Addendum for Release of Liability on Assumed Loan and/or Restoration of Seller's VA Entitlement
Form ID: 12-3 · Effective 12/05/2011 · trec.texas.gov
Used alongside the Loan Assumption Addendum specifically to release the seller from liability on the assumed loan and/or restore the seller's VA entitlement for future use.
Buyer Obligation

Must cooperate with whatever the lender/VA requires to process the release or entitlement restoration — the deal can terminate if that approval doesn't come through by closing.

Seller Obligation

Is the direct beneficiary of this addendum — it's what actually gets the seller off the hook for the assumed loan and/or frees up their VA entitlement for a future purchase.

Seller Financing Addendum
Form ID: 26-8 · Effective 02/01/2023 · trec.texas.gov
Used when the seller directly finances the sale. The form itself explicitly warns both parties to consult an attorney and a financial professional before signing — this creates a real promissory note and deed of trust, not just contract terms.
Buyer Obligation

Signs a promissory note and deed of trust and makes payments directly to the seller per the agreed terms; real foreclosure risk if payments default.

Seller Obligation

May take on real accounting and tax-reporting obligations as the lender of record, and carries real risk if the buyer defaults — foreclosure is a real, but often slow and costly, remedy.

Short Sale Addendum
Form ID: 45-2 · Effective 04/01/2021 · trec.texas.gov
Required when the sale proceeds won't cover what's owed on the property, meaning the seller's lender has to approve the shortfall before the sale can close.
Buyer Obligation

Must accept that closing is contingent on third-party lender approval, which can take significantly longer and is less certain than a standard sale.

Seller Obligation

Must actively pursue and obtain lender approval of the short sale — the seller doesn't unilaterally control whether or when this deal can close.

Contingencies
Addendum for "Back-Up" Contract
Form ID: 11-9 · trec.texas.gov
Creates a binding contract that only completes once the primary (first-position) contract fails. Earnest money/option fee timing is tied to that trigger event, not the effective date of this contract itself.
Buyer Obligation

Remains bound in back-up position and must be ready to move forward if the primary contract terminates — timelines for earnest money and option periods generally start once that happens, not before.

Seller Obligation

Must notify the back-up buyer promptly if the primary contract does terminate, so the back-up contract's own clocks can start running correctly.

Addendum for Sale of Other Property by Buyer
Form ID: 10-6 · Effective 12/05/2011 · trec.texas.gov
Makes the contract contingent on the buyer receiving proceeds from selling their own property. Includes a "kick-out" mechanism if the seller gets a competing offer. Time is explicitly of the essence throughout this addendum.
Buyer Obligation

If the seller receives another written offer and issues notice, the buyer must waive the contingency (and deposit additional earnest money) within the stated window, or the contract terminates automatically and earnest money is refunded to the buyer.

Seller Obligation

Must properly notify the buyer of both the competing offer's acceptance and the requirement to waive the contingency — the kick-out clock doesn't start without that formal notice.

Addendum for Section 1031 Exchange
Form ID: 60-0 · Effective 01/03/2025 · trec.texas.gov
Lets either party disclose intent to use the property in a tax-deferred 1031 exchange. Includes a cooperation clause — the other party agrees to reasonably cooperate, explicitly at no additional cost, obligation, or liability to them.
Buyer Obligation

Must reasonably cooperate with the seller's exchange paperwork/logistics if the seller is the one exchanging — but owes nothing extra in cost, obligation, or liability to do so.

Seller Obligation

Same reciprocal cooperation duty if the buyer is the one exchanging. Neither party gives tax advice here — both should be directed to their own qualified tax professional; 1031 exchanges are genuinely complex.

Property-Specific Disclosures
Addendum for Coastal Area Property
Form ID: 33-2 · Effective 12/05/2011 · Tex. Nat. Res. Code § 33.135 · trec.texas.gov
Required statutory disclosure for property adjoining tidally-influenced, state-owned submerged land. Warns that the property boundary can shift as tide lines change, and the owner may gain or lose land as a result.
Buyer Obligation

Advised to seek legal counsel on how the shifting-boundary risk affects the specific property before closing.

Seller Obligation

Must provide this disclosure when applicable — it's a statutory notice, not optional once the property qualifies.

Addendum for Property Located Seaward of the Gulf Intracoastal Waterway
Form ID: 34-4 · Effective 12/05/2011 · Tex. Nat. Res. Code § 61.025 · trec.texas.gov
Mandatory notice for property seaward of the Gulf Intracoastal Waterway. The State of Texas can order removal of a structure, and any loss from that removal order is solely the purchaser's responsibility.
Buyer Obligation

Should determine the local shoreline erosion rate and seek an attorney's advice before signing. Buyer may terminate the contract based on this notice.

Seller Obligation

Must provide this notice when applicable — failing to do so can be treated as a deceptive act under state law, not just a paperwork miss.

Addendum for Property in a Propane Gas System Service Area
Form ID: 47-0 · Effective 02/01/2014 · Tex. Utilities Code Ch. 141 · trec.texas.gov
Notifies the buyer the property may be served by a propane distribution system, with possible special costs or a construction period before service is established. Covers the service area/infrastructure only — a separately leased tank needs the Fixture Leases addendum (52-1) too.
Buyer Obligation

Should confirm with the propane provider what costs or construction may be needed before service actually starts.

Seller Obligation

Should have the recorded notice from the propane distribution retailer on hand — it's a real document filed in county real property records, not just a checkbox.

Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum
Form ID: 28-2 · Effective 12/05/2011 · trec.texas.gov
Gives the buyer, at their own expense, the option to obtain three separate reports: a general environmental assessment, a threatened/endangered species check, and a wetlands determination.
Buyer Obligation

Pays for any reports obtained. To terminate based on adverse findings, must furnish the seller a copy of the report along with the termination notice within the stated window — earnest money is refunded if done correctly.

Seller Obligation

Must allow reasonable access for these assessments to be performed within the agreed timeframe.

Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
Form ID: OP-L · Federal law: 42 U.S.C. § 4852d · trec.texas.gov
Required under federal law for residential properties built before 1978. This specific TREC form is voluntary — but the underlying federal disclosure obligation is mandatory for any qualifying property, regardless of which form satisfies it.
Buyer Obligation

Must be given a real opportunity to review known lead paint information and any available records before being bound to the contract, per federal requirements.

Seller Obligation

Must disclose known lead-based paint or hazards, and provide any available records/reports — this obligation exists under federal law even if this exact form isn't the one used.

Addendum for Reservation of Oil, Gas, and Other Minerals
Form ID: 44-3 · Effective 02/01/2023 · trec.texas.gov
Used only when the seller reserves all or part of the mineral estate. Contains a critical, easy-to-miss element: a separate surface waiver — whether the seller keeps or waives the right to actually use the property's surface to develop those reserved minerals.
Buyer Obligation

Should specifically confirm what the surface waiver says — even if minerals aren't part of the sale, an un-waived surface-use right can mean drilling activity on the buyer's future property.

Seller Obligation

Must clearly state what's being reserved and whether the surface-use right is kept or waived — this isn't automatic and needs to be an active decision on the form.

Addendum Containing Notice of Obligation to Pay Improvement District Assessment
Form ID: 53-0 · Effective 09/01/2021 · trec.texas.gov
Notifies the buyer the property is in a Public Improvement District (PID), subject to special assessments a municipality or county levies for infrastructure like roads, utilities, or landscaping.
Buyer Obligation

Takes on the ongoing PID assessment obligation going forward — payable in full at any time or in annual installments, depending on the district.

Seller Obligation

Must provide this notice when the property is within a PID — it's a required disclosure, not a negotiable term.

Addendum for Property Subject to Mandatory Membership in a Property Owners Association
Form ID: 36-11 · Tex. Prop. Code § 5.012 · trec.texas.gov
Required when HOA/POA membership is mandatory. Includes its own standalone termination right, separate from financing or appraisal contingencies.
Buyer Obligation

Can elect to terminate under this addendum specifically if the POA disclosure/resale certificate reveals something unacceptable, within the stated window.

Seller Obligation

Must disclose the mandatory membership and associated assessment obligations to the buyer per statute.

Leases & Occupancy
Addendum Regarding Residential Leases
Form ID: 51-1 · trec.texas.gov
Used when the property is occupied by a tenant at the time of sale. A sale doesn't automatically cancel an existing lease in Texas, so this addendum clarifies what happens to possession, rent, and security deposits after closing.
Buyer Obligation

May be accepting an existing tenant through the remainder of the lease term rather than getting the property vacant at closing — depends on what the parties agree to here.

Seller Obligation

Must accurately disclose the lease terms and either deliver the property vacant or properly transfer the tenant relationship and security deposit to the buyer, per what's agreed.

Addendum Regarding Fixture Leases
Form ID: 52-1 · trec.texas.gov
Covers leased equipment that stays with the property but isn't owned outright — solar panels, propane tanks, water softeners, security systems. Specifies which leases the buyer assumes.
Buyer Obligation

Assumes the checked fixture leases at closing (unless excluded) and must sign whatever documents the lessor requires to complete the assignment.

Seller Obligation

Must deliver a copy of the actual lease within 5 days of the effective date. If they don't, the buyer gets a 7-day window after eventually receiving it to terminate and get earnest money back — and if it's never delivered, the buyer can declare the seller in default any time before closing.

Buyer's Temporary Residential Lease
Form ID: 16-7 · Effective 01/05/2026 · trec.texas.gov
Lets the buyer move into the property before closing (occupancy capped at 90 days prior to closing), paying a daily rental rate and a deposit. Creates a real landlord-tenant relationship layered on top of the pending sale.
Buyer Obligation

Becomes a tenant with real obligations — pays rent, a deposit, and is responsible for the property during occupancy, separate from their obligations under the purchase contract itself.

Seller Obligation

Takes on real risk as landlord: if the sale falls through, the seller has an occupant who may need to be formally evicted — a process that can take weeks to months in Texas. Worth thinking hard about before agreeing to this.

Seller's Temporary Residential Lease
Form ID: 15-7 · Effective 01/05/2026 · trec.texas.gov
A leaseback — lets the seller stay in the home after closing as a short-term tenant, capped at 90 days under this form, paying rent to the new buyer-owner until they move out.
Buyer Obligation

Becomes the landlord immediately at closing, with the seller as tenant — must handle the arrangement like any short-term lease, including what happens if the seller doesn't vacate on time.

Seller Obligation

Pays rent and must vacate by the lease's end date; remains responsible for the property as a tenant during this period even though they no longer own it.

Other
Addendum for Authorizing Hydrostatic Testing
Form ID: 48-1 · Effective 03/01/2020 · trec.texas.gov
Addresses who pays for and is responsible for damages from a hydrostatic test (pressure-testing plumbing or sewer lines), if the parties agree to have one performed.
Buyer Obligation

Typically arranges and pays for the test if they're the one requesting it, per what the addendum specifies.

Seller Obligation

Must allow access for the test and is typically responsible for any damage the test itself causes to existing plumbing/sewer lines, per the addendum's terms.

Non-Realty Items Addendum
Form ID: 57-0 · Effective 09/03/2025 · trec.texas.gov
Covers anything sold as part of the deal that isn't real property — a titled vehicle (tractor, ATV) or non-fixture items (flowerpots) the seller wants to include in the price.
Buyer Obligation

Receives the listed non-realty items as part of the deal — worth confirming exactly what's included, since these items are legally separate from the real property itself.

Seller Obligation

Must clearly itemize what's included so there's no ambiguity between what's real property versus separately-sold personal property.

↑ Back to Table of Contents