Texas Real Estate Contract: Different Types and Key Terms to Include
Quick Facts — Real Estate Contract Lawyers (Texas)
- Avg cost to draft a Real Estate Purchase Agreement: $880.00
- Avg cost to review a Real Estate Purchase Agreement: $580.00
- Lawyers available: 63 Texas real estate lawyers
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- Avg lawyer rating: 4.93 (6 reviews)
What is a Texas Real Estate Contract?
A Texas real estate contract, also known as a residential purchase and sale agreement, is a legally binding contract that is entered into by a buyer and a seller to facilitate a real estate sale. It is common for buyers and sellers to hire realtors and real estate agents to help with the transaction, but it is also possible to complete the sale on your own.
The contract is initiated when a buyer provides the seller with a valid offer in writing. If the seller accepts the offer, the two parties will negotiate the real estate contract terms that will govern the sale. The contract becomes legally binding and enforceable when it is signed by both parties as long as it adheres to all applicable real estate and contract law.
Common Texas Real Estate Contracts
The most common Texas real estate contracts are those approved by the Texas Real Estate Commission, or TREC. There are several types of TREC contracts, and each contract has a different purpose.
- Standard Residential Purchase Agreement (1-4 family). The most commonly used form because it is for the purchase and sale of residential homes under four units. This form can be used for single family homes, duplexes, triplexes, and quads.
- Condominium Purchase Agreement. Used for buying or selling condominiums when the sale does not include developers and builders.
- Farm and Ranch. Used when selling a farm or ranch, this contract includes clauses relating to land rights, zoning, and other issues that are more specific to farm and ranch land.
- New Home Contract (completed construction). Used when purchasing and newly built and finished home. This home has not been previously owned by another homeowner.
- New Home Contract (incomplete construction). Used when purchasing a home that has not been constructed or completed. Closing will occur after the home is completed and this form should not be used for condos or when the closing date is set prior to completion of the home.
Can Anyone Use a TREC Contract?
Yes. TREC contracts are available for public use so anyone buying or selling a house is free to utilize these contract forms. These forms however were created and approved by the Texas Real Estate Commission and were meant to be used by licensed real estate brokers and agents who are trained to correctly complete these forms. Any mistakes on these forms could lead to an invalid real estate contract and a financial loss.
If you are buying or selling a property, it is highly recommended that you consult with a licensed realtor or real estate attorney to assist in the transaction. A professional can walk you through the process and ensure you understand all the terms of the real estate contract.
4 Essential Elements of a Texas Real Estate Contract
In Texas, the 4 essential elements that make a real estate contract valid and legally binding include:
- A valid offer and acceptance of the offer
- A legal purpose for the contract
- Mutual assent or agreement between the parties
- Consideration
Real estate contracts must also be in writing and signed by both parties before they are considered valid and binding.
Is Texas a Buyer Beware State?
In Texas, the principle of “buyer beware” only applies to multi-family properties. When selling a single-family home, sellers are required to provide the buyer with a seller’s disclosure notice and other state required disclosures.
When selling a multi-family property, the buyer does not have the protections of required disclosures. The buyer is responsible to do their due diligence and have the property inspected for defects before agreeing to finalize the sale.
Frequently Asked Questions
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Sarah T.
Sarah has been practicing law since 2010. Prior to becoming an attorney, Sarah worked in the insurance industry for 5 years. Sarah's practice includes civil litigation, contracts, and family matters.
"Sarah was extremely knowledgeable and helpful! Well worth the money!"
Doyle W.
I am semi-retired, and I have over 30 years of legal practice. I can assist you with business formation, business acquisition, contract creation, contract review, and modification, estate plan, will, trust, probate, and general legal advice concerning many areas of law.
"Prompt, professional, and very detailed. He answered all of my questions clearly and helped me understand my options. I would definitely hire him again if I needed legal assistance in the future."
Ricardo A.
Ricardo Aponte Parsi is a real estate and corporate counsel with a 22+-year track record of assessing risk, managing litigation, and building compliance systems to protect organizational interests. Trusted business partner and problem solver, dedicated to delivering exceptional results that advance business objectives through preventive counseling, strategic risk management, and shrewd advocacy. Collaborative team leader and project manager who builds relationships, leads change, and communicates effectively with private and public stakeholders. He obtained a bachelor's degree from Syracuse University (1994) with a major in International Relations and his law degree from the Interamerican University of Puerto Rico School of Law (2000). In May 2014, he completed a Master of Laws from Northwestern University School of Law and a Certificate in Business Administration from IE Business School in Madrid, Spain. In 2018, he completed a second LL.M. at Georgetown University Law School in Securities and Financial Regulation. In 2022, he completed a certification in Privacy Law from Seton Hall University School of Law. He was president of the Board of the Puerto Rico Education Council, the licensing agency for the Commonwealth, and is currently the Chairman of the Board of Trustees of the San Juan Community College. Since November of 2024, he has worked as an attorney-advisor for the United States Air Force Installations, Energy and Environmental Law Division (SAF/GCN) at Lackland Air Force Base, in San Antonio, Texas.SAF/GCN provides legal and policy advice to members of the Secretariat, the Air Staff, and the Space Staff on virtually all matters relating to the Department’s 180 installations, nearly 10 million acres of real estate, Base Realignment, and Closure; annual $7 billion installation and operational energy budgets; annual multibillion-dollar military construction program; $8.3 billion military privatized housing portfolio; programs for environmental planning, compliance, and restoration and natural and cultural resources management; and programs for safety and occupational health. The Division advises the Center of Excellence for Environment, Facilities, and Installations and the Energy, Environmental, and Installations Directorates within the Air Force Civil Engineer Center. Experienced with estate planning, wills, trusts, prenuptial agreements and powers of attorney.
"Ricardo helped me document the change from a single member LLC to a multi-member LLC. He was helpful along the way informing me of topics to consider and when to seek CPA advice. Highly recommend."
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I specialize in commercial and technology agreements, and general corporate and real estate matters. My passion for transactional and corporate work grew out of helping small and medium sized businesses with agreements of all types and real estate matters. Though I primarily represent large private and publicly traded Fortune 500 companies, I very much enjoy representing new and emerging businesses. From the private family office or new start-up to the rapidly growing and mature company, I have a proven track record of exceeding expectations in helping clients achieve their vision.
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I’m a Texas-based business attorney focused on helping companies—from early-stage startups to established enterprises—navigate their legal needs with clarity and confidence. My practice centers on contracts, corporate governance, and international business matters. Whether you're forming a new company, reviewing a commercial agreement, or expanding into new markets, I bring practical, business-minded legal guidance tailored to your goals. Clients appreciate that I don’t just “paper” deals—I help them understand what they’re signing and protect their long-term interests. I believe in clear communication, fair flat fees, and efficient turnarounds, especially when time is money. In addition to domestic clients, I work with a range of foreign individuals and companies doing business in the U.S., and regularly assist with cross-border transactions, regulatory issues, and contract negotiation. If you’re looking for an attorney who values relationships, communicates clearly, and knows how to get deals done—I’d be glad to connect.
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Real Estate
Real Estate Contract
New York
Can you purchase or refinance under a land contract?
I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.
Jane C.
I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.
Real Estate
Real Estate Contract
Georgia
How many years does a quick claim become effective?s
Number of years for quick claim to be effect ive
Meghan T.
A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas
Real Estate
Real Estate Contract
Georgia
WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233
SON AND EX
Meghan T.
Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas
Real Estate
Real Estate Contract
Illinois
what is better to buy land or rent for construction in US?
we are a construction company from Ukraine, we are planning to build a cottage town in the USA
T. Phillip B.
I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.
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Doc Type: Real Estate Purchase Agreement
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