Which Texas Real Estate Contract Form Must You Use?
The controlling distinction in 22 TAC 537.11 is mandatory use versus voluntary use. Both categories use the Commission's word “approved.”
Start with the form approved for mandatory use for the transaction, then test the rule's four exceptions. The statute contains two of those exceptions; the rule contains all four.
Updated · Facts cited to the Texas Legislature and TREC — sources at the end of this page.
The short answer
Use the contract form approved for mandatory use for that transaction unless one of Rule 537.11's four exceptions applies. A form may instead be approved for voluntary use; “approved” is not the dividing line.
The real axis is mandatory use versus voluntary use
- Default rule
Use the form approved for mandatory use for that transaction
22 TAC 537.11, subject to the four exceptions below.
- Voluntary category
Broker-Lawyer Committee form approved for voluntary use
The rule lists this route when no form has been approved for mandatory use for the transaction.
- Shared Commission term
Approved
The rule uses “approved” for both mandatory-use and voluntary-use forms.
Rule 537.11 supplies four exceptions
TRELA §1101.155(b) protects the owner-prepared form and the attorney-prepared form required by the owner. The attorney's preparation alone is not the statutory exception; the owner's requirement is part of it.
| Rule 537.11 exception | Also in TRELA §1101.155(b)? |
|---|---|
| License holder acts solely as a principal, not as an agent | No — rule only |
| A United States government agency requires a different form | No — rule only |
| The property owner prepared the form | Yes |
| An attorney prepared the form and the property owner requires it | Yes |
An attorney or trade-association form needs five things
When no form has been approved for mandatory use and the Rule 537.11 attorney-or-trade-association route is used, the form must contain:
- The name of the attorney or trade association that prepared the form.
- The name of the broker or trade association for whom the form was prepared.
- A statement identifying the type of transaction for which use was approved.
- Any restrictions on the form's use.
- When applicable, an explanation of changes to a party's rights, obligations, or remedies under a mandatory-use form, plus a statement that license holders may not practice law or give legal advice.
TREC's Contracts tab has seven entries, not six
TREC's rendered Contracts tab contains six residential sales contracts and one additional entry: Amendment to Contract (39-11). The six sales contracts are Unimproved Property, One to Four Family Residential (Resale), New Home (Incomplete Construction), New Home (Completed Construction), Farm and Ranch, and Residential Condominium (Resale).
Organisation, not a legal definition
This guide describes how TREC organizes its own tabs. It does not claim that Rule 537.11 or Rule 531.20 defines “addendum” and “amendment.”
Continue into contracts practice
Check the distinction
Contract-form decision check
These questions use the rule's own categories. Choose once to see why the distinction controls.
Question 1 of 3
How does Rule 537.11 distinguish the Commission form categories relevant here?
Frequently asked questions
Are voluntary-use Texas forms also approved by TREC?
Yes. Rule 537.11 refers to Broker-Lawyer Committee forms approved by the Commission for voluntary use. The word “approved” therefore does not mean optional by itself.
Does Texas law allow an owner-prepared contract form?
TRELA §1101.155(b) says the Commission may not prohibit a license holder from using a form prepared by the property owner. Rule 537.11 includes the same exception.
How many entries appear in TREC's Contracts tab?
Seven: six residential sales contracts plus Amendment to Contract (39-11). That is TREC's tab organization, not a claimed legal definition of an amendment.
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Sources
- Texas Occupations Code §1101.155 — Rules Relating to Contract Forms
- TREC rendered rules page — 22 TAC 537.11
- TREC rendered Contracts, Contract Addenda and Other Forms tabs
The facts above were verified against these sources using source text read . Rules change — always confirm current requirements with the Texas Legislature and TREC before acting.
Keep reading: Texas Contract Form Changes · Texas Intermediary & Agency · Reading Your Score Report · Texas exam prep
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