The Addendum for "Back-Up" Contract (TREC No. 11-9) is dated 05-04-2026 on the form and replaces TREC No. 11-8. It attaches to a second contract on a property that already has a signed first contract — letting the seller line up a backup buyer without the two contracts conflicting.
The Back-Up Contract is binding immediately — but performance isn't
Paragraph A states the Back-Up Contract is binding on execution, and the buyer delivers the standard earnest money and option fee per Paragraph 5 of the underlying contract — plus an additional earnest money amount and additional option fee, delivered to the escrow agent within a negotiated number of days after what the form calls the Amended Effective Date (defined below). Paragraphs B–F handle the mechanics around that additional money the same way the standard contract handles Paragraph 5: weekend/holiday rollover, funds applied first to the additional option fee then the additional earnest money, seller's authorization to release the additional option fee at any time, and the consequences of missing either deadline — seller can terminate or pursue Paragraph 15 remedies for a missed additional earnest money deadline, and buyer loses the unrestricted right to terminate under Paragraph 5(B) of the underlying contract for a missed additional option fee.
The contingency and the Amended Effective Date
Paragraph G is the core mechanic: the Back-Up Contract is contingent on the termination of a previous contract on the same property (the "First Contract," identified by its own date on the form). Neither party is required to perform under the Back-Up Contract while that contingency is in place.
Paragraph H sets a deadline: if the First Contract doesn't terminate by a stated date, the Back-Up Contract itself terminates and the earnest money is refunded to the buyer. Seller must notify the buyer immediately once the First Contract does terminate. That notice date becomes the new Amended Effective Date of the Back-Up Contract — meaning the clock on the Back-Up Contract's own deadlines (option period, financing, etc.) doesn't start running from the original signing date, it restarts from the day the seller delivers notice that the First Contract is dead.
Paragraph J clarifies the buyer's unrestricted termination window under the Back-Up Contract: it begins on the original Effective Date, continues after the Amended Effective Date, and ends when the buyer's unrestricted right to terminate expires — so time spent waiting for the First Contract to die isn't necessarily added back on top. Paragraph K makes time of the essence for the whole addendum, with strict compliance required.
62-0 — the notice that flips the switch
TREC No. 62-0, dated 05-04-2026, is the Seller's Notice to Buyer of Removal of Contingency Under Addendum for "Back-Up" Contract — the actual document a seller delivers under Paragraph H to trigger everything above. It states three things directly: (1) the First Contract is terminated; (2) the Back-Up Contract is no longer subject to the Paragraph G contingency; and (3) the Amended Effective Date of the Back-Up Contract is the date inserted on the notice (delivered per Paragraph 21 of the underlying contract). The form also carries Additional Option Fee Receipt and Additional Earnest Money Receipt blocks for the escrow agent to acknowledge.