BLC Reviews Contract Forms, Notice Requirements, and Deadlines

The Broker-Lawyer Committee (BLC) continued its review of Texas Real Estate Commission (TREC) contract forms and directed further work on notice provisions, team-lead contact information, and addenda during its October 9, 2026, meeting.

The committee discussed how to make contract notices more consistent, requested a draft clause addressing strict compliance with deadlines, and reviewed changes to provisions governing property access and water rights disclosures. The BLC also assigned follow-up work on several forms for consideration at the committee's next meeting, scheduled for January 15, 2027.

Review Focuses on Consistency With Contract Notices and Delivery Methods

The Notice Working Group reviewed contract provisions addressing the delivery of notices, documents, and other information to make terminology consistent and clarify when notices and other materials become effective. The committee discussed and noted their preferences, which will eventually be reflected in future revisions of contract forms.

The committee also recommended further consideration of Paragraph 23, including whether an attorney should receive copies of notices sent under Paragraph 21 and whether the fax line should be removed.

BLC Requests Draft of Time-of-the-Essence Clause

The committee discussed how timing requirements can affect a buyer's or seller's contractual rights. Now the group is weighing whether contract forms should include a "time is of the essence" clause, a provision that generally requires strict compliance with specified deadlines.

The Notice Working Group will draft a time-of-the-essence clause for further consideration.

Broker Contact Information May Include Team Leaders

The committee considered recommendations concerning the Broker Contact Information section of TREC contract forms. They identified a missing address line for each associate listed in the intermediary section. The committee recommends TREC staff explore adding room for separate addresses.

The Broker Responsibility Advisory Committee (BRAC) recommended to BLC to also identify team leaders in this section. The BLC discussed adding "Team Leader" on the same line as "Team Name."

These changes are intended to provide clearer contact information while accommodating the way brokerages organize their teams and supervisory responsibilities.

BLC Discusses Revisions to Contract Language

The committee decided to revise the first sentence of Paragraph 7A in the current draft of the contract forms to clarify when a buyer and the buyer's agents may access the property. The revised sentence currently reads: "Seller shall permit Buyer and Buyer's agents access to the Property at reasonable times after Buyer has paid any required option fee under Paragraph 5A."

The committee also discussed revising Paragraph 3B of the Seller's Disclosure About Groundwater and Surface Water Rights to instead focus on whether the seller is aware of ponds, lakes, or water tanks on the property.

Additional Forms Referred for Review

The committee assigned several items for further review by working groups, including the Loan Assumption Addendum, the Addendum for Release of Seller's Liability, and the disclosure notices in the Farm and Ranch Contract. The Addendum Regarding Leased Fixtures was also referred to a working group.

Next Meeting

The committee's next meeting will be January 15, 2027.

Meeting Materials

View BLC's October 2026 meeting recording and download the meeting agenda and materials from the TREC website.