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Texas Register Preamble


The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §537.21, Standard Contract Form TREC No. 10-6; §537.22, Standard Contract Form TREC No. 11-7; §537.23, Standard Contract Form TREC No. 12-3; §537.35, Standard Contract Form TREC No. 28-2; §537.39, Standard Contract Form TREC No. 32-4; §537.40, Standard Contract Form TREC No. 33-2; §537.41, Standard Contract Form TREC No. 34-4; §537.44, Standard Contract Form TREC No. 37-5; §537.45, Standard Contract Form TREC No. 38-7; §537.52, Standard Contract Form TREC No. 45-2; §537.54, Standard Contract Form TREC No. 47-0; §537.55, Standard Contract Form TREC No. 48-1; §537.56, Standard Contract Form TREC No. 49-1; §537.57, Standard Contract Form TREC No. 50-0; §537.60, Standard Contract Form TREC No. 53-0; and new §537.62, Standard Contract Form TREC No. OP-H, Seller's Disclosure Notice; §537.63, Standard Contract Form TREC No. OP-L, Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law; and §537.64, Standard Contract Form TREC No. OP-M, Non-Realty Items Addendum in Chapter 537, Professional Agreements and Standard Contracts, without changes, as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3010) and will not be republished.

The amendments and new rules to Chapter 537 are made as a result of the Commission's quadrennial rule review. Texas real estate license holders are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. The changes to the existing rules add the title of the form adopted by reference in each rule to the rule title and add clarifying language to specify which forms are for mandatory versus voluntary use by license holders. The new rules pair previously existing forms that were available for voluntary use by license holders with a rule to provide greater clarity about the forms purpose and use.

One comment was received from the Texas Association of Builders (TAB), who believes that the proposed addition of "mandatory" will lead to confusion regarding the right of a property owner to use non-TREC forms in certain transactions, and in turn, may delay these transactions. TAB suggested that where the term "mandatory" has been added to the rules, the statement "unless otherwise permitted under 22 TAC 537.11(a)" be appended. The Commission declines to any make changes at this time in response to TAB's comments. However, the Commission is currently reviewing 22 TAC §537.11, Use of Standard Contract Forms, and plans to present recommended changes to that rule, as well as a new definitions section that would include definitions of "mandatory use" and "voluntary use", at the November Commission meeting for proposal. The Commission believes these revisions will better address TAB's concerns.

The amendments and new rules 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 and ensure compliance with Chapters 1101 and 1102.



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