If you are real estate agent or broker in Texas, heads up, there is a problem with the forms we use and it has been a problem for a long time. If you are not a real estate agent you should talk to YOUR real estate agent about this problem. Let me set the stage. Your client is buying a home(One to Four Family Residential Contract Resale, T.R.E.C. NO. 20-17), Page 9 of this form has an EXECUTED date and signatures of both parties. Now the details of the contract move forward… Earnest Money, Option Money are delivered per the contract and so on. Somewhere between now and closing a NEW document is introduced to the transaction. This could be the REVISION of a document OR a completely new document. Here comes the problem. The Amendment, T.R.E.C. NO. 39-9, does not have a check box or line to ADD a document, Revision or brand new document. The Amendment mentioned above is used to add or change the existing contract.
This is where a real estate agent in Texas will probably point to check box (9) Other Modifications: (Real estate brokers and sales agents are prohibited from practicing law.). That is what is stated before you come to three blank lines. Yes, real estate brokers and agents can use this section to add a new document or add a revised document but they probably SHOULD NOT because they are NOT to practice law.
Real quick and I am going to wrap this up. If we go back to the part where your client is buying a home(One to Four Family Residential Contract Resale, T.R.E.C. NO. 20-17), are you with me? On page 8 of that contract we have Paragraph 22 which lists documents. This is where those documents are attached to the contract. The broker or real estate agent checks the boxes for all of the documents that are being used in that transaction, then both parties initial and or sign the document that were checked. This makes COMPLETE since from a contract beginning stand point but once the contract is accepted by all parties on Page 9—IF WE NEED TO INTRODUCE OR CHANGE DOCUMENTS WE HAVE A PROBLEM.