By Kaema Roberson, Vice President – Director of Education
If you’ve been in real estate long enough, you know this feeling…
You finally get completely comfortable with the contracts, and then TREC says, “Let’s freshen things up.”
Well, here we are.
At the May 4, 2026, Texas Real Estate Commission meeting, TREC officially adopted updates to multiple contract forms along with two brand-new forms.
So yes… your transactions are about to get a little makeover.
What Actually Happened?
Agenda Item 16 covered updates across nearly all major TREC contract forms, including:
- One to Four Family Residential Contract (Resale)
- New Home Contracts (both completed and incomplete construction)
- Farm & Ranch Contract
- Condo Contract
- Unimproved Property Contract
- Multiple addenda and notices
- HOA Addendum
- Amendment
- Seller’s Disclosure
- Lead-Based Paint
- Addendum for Back-Up Contract
And then, because why stop there?
TREC also adopted two new forms:
- Seller’s Disclosure About Groundwater and Surface Water Rights
- Seller’s Notice to Buyer of Removal of Contingency (for Back-Up Contracts)
These changes resulted from recommendations from the Broker-Lawyer Committee, public comments, and guidance from the Sunset Advisory Commission.
The Highlights (a.k.a. What You’ll Actually Notice)
Let’s skip the fluff and talk about what matters in real life:
1. Water, Water Everywhere
There’s now a stronger emphasis on water rights and disclosures.
- New required disclosure around groundwater and surface water
- Added contract language tying this directly into the transaction in paragraph 7
Translation: You do not need to become a water rights expert, but you do need to understand the basics, explain what it means, and know when to hand it off to an attorney.
2. Compensation Language Got a Makeover
Paragraph 12 has been reworked and reorganized… AGAIN, to reflect how compensation conversations are evolving.
- Clearer structure around who pays what
- New flexibility for contributions between parties
- Reinforces that compensation is handled through separate agreements
Also worth noting: Texas REALTORS® has proposed form revisions that will include changes to the Listing Agreement (1101) and the Buyer Rep Agreements (1501 & 1507) to better align with these revisions to paragraph 12. You can check out these forms when you log into your TXR account and go to ‘Form Changes’ in the Legal & Ethics menu.
3. Seller’s Disclosure Got an Upgrade
The Seller’s Disclosure Notice now includes additional details like:
- Insurance availability (including windstorm)
- Private road maintenance responsibility
- Large storage tanks
- Conservation easements
In other words, buyers are getting a more complete picture upfront.
4. Cleaner, More Organized Contracts
A lot of the changes are about usability and organization, MY FAVORITE!
- Addenda grouped and reorganized into categories in paragraph 22
- Redundant language removed
- Clearer notice delivery rules in paragraph 21
- Better formatting on broker information pages
Personally, I like the new layout! It looks cleaner, and who doesn’t like a nice refresh?
5. A Few Small-but-Mighty Tweaks
Some subtle updates that will show up in your day-to-day:
- “Generators” added as an improvement in paragraph 2 (because… Texas)
- “Legal Holiday” is now defined in paragraph 5… YAY!
- More clarity on notice delivery and timing in paragraph 21
- Government reporting language expanded in paragraph 20
Timing: When This All Kicks In
Once the forms are posted on the TREC website, they’ll be available for voluntary use right away. Most transaction management platforms need some time to roll out updated forms, so watch for them to appear in your system.
They’ll become mandatory on July 1, 2026. And if you know this industry, you already know many agents will start using them well before that. Like the title of this blog says, “Coming Soon to a Transaction Near You.”
What This Means for You
Here’s the bottom line:
- You don’t need to start making flashcards to memorize everything today.
- But you do need to understand what’s changing and why
- And most importantly, how to represent your clients’ best interests!
We’ve Got You Covered
At Independence Title, we’re always here as your education partner.
My team and I will be rolling out classes and resources to break these changes down and ensure you are ready to implement them.
- Be on the lookout for upcoming training opportunities.
- Reach out to your Independence Title business development rep anytime.
We’re here to help you stay sharp, stay confident, and stay ahead.
CLICK HERE to view agenda item 16 from the May 4th Commission Meeting, including the summary, public comments, and the adopted redline forms. I have extracted them from the 329-page TREC meeting materials. You’re Welcome!
