July 01, 2021

This hot market is leading to members getting creative with using forms. Remember that TREC Rule 537.11(a) requires you to use only the contract forms approved for mandatory use by TREC for that type of transaction. There are exceptions: when you are acting as a principal to the transaction, not an agent; when the federal government requires a different form; when a form has been prepared by a property owner or lawyer and required by a property owner; or when no form exists for that type of contract. In that last exception, you can use a form prepared by a lawyer or a trade association—such as Texas REALTORS®—as long as the form contains information required by the TREC rule.

Denise Carr, associate counsel