The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.45, Standard Contract Form TREC No. 38-6 and §537.52, Standard Contract Form TREC No. 45-1 and the forms adopted by reference in Chapter 537, Professional Agreements and Standard Contracts, without changes to the proposed text or forms adopted by reference, as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8825). The rules will not be republished.

Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. These forms are drafted and recommended for proposal by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and one public member appointed by the governor.

The Broker-Lawyer Committee previously recommended revisions to the contract forms adopted by reference under Chapter 537 to address issues that have arisen since the last contract revisions. Changes to those contract forms were adopted at the November 10, 2020, Commission meeting. These amendments are for two contract forms which were inadvertently omitted during the previous round of revisions. The amendments correct a paragraph reference to align with those changes.

The Notice of Buyer's Termination of Contract adopted by reference in §537.45 is amended to correct a reference in Paragraph 1. The reference to Paragraph 23 is replaced with a reference to Paragraph 5 to align with the previous changes made to the contract forms.

The Short Sale Addendum adopted by reference in §537.52 is amended to correct a reference in paragraph F. The reference to Paragraph 23 is replaced with a reference to Paragraph 5 to align with the previous changes made to the contract forms.

No comments were received on the amendments as published.

The amendments are adopted under Texas Occupations Code §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102.