What to do when no TREC form exists

Since TREC doesn’t offer a residential lease or commercial contracts, can my brokerage’s in-house attorney draft those forms?

Texas Real Estate Commission rules allow you to use a form drafted by a Texas lawyer—including a brokerage’s in-house counsel—for a particular kind of transaction when no mandatory TREC form exists as long as the form contains:

1. The name of the lawyer who prepared the form

2. The name of the broker for whom the form was prepared

3. The type of transaction for which the lawyer approved the use of the form

4. Any restrictions on the use of the form.

If the form is an addendum that changes the rights, obligations, or remedies of a party under a mandatory TREC contract or addendum, it must have these additional items:

1. A statement about how the addendum changes the rights, obligations, or remedies of a party, with a reference to the relevant paragraph number in the mandatory use form

2. A statement that the form is not a mandatory TREC form

3. A statement that TREC rules prohibit real estate license holders from giving legal advice.

Members of Texas REALTORS® have exclusive access to more than 130 forms for various types of real estate transactions not covered by mandatory TREC forms, including residential and commercial forms. See if there is a form already available for your transaction in the forms section of texasrealestate.com.

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