Texas has a separate promulgated contract for condo resales: the Residential Condominium Contract (Resale) — TREC No. 30-18, dated 05-04-2026 on the form itself and replacing TREC No. 30-17. Its own header notice reads: "Not For Use Where Seller Owns Fee Simple Title To Land Beneath Unit." It shares most of its structure with the standard resale contract, but a handful of paragraphs exist only on this form — plus it pulls in a second promulgated document, the Condominium Resale Certificate (TREC No. 32-5), that a standard house sale never touches.
The Documents — Declaration, Bylaws, and Rules
Paragraph 2B calls the Declaration, Bylaws, and any Rules of the Association the "Documents." The parties check one of two boxes: buyer already has a copy (and is advised to read them before signing), or seller delivers them within a negotiated number of days after the Effective Date — with a buyer termination right within 7 days of receiving them, earnest money refunded. Either way, the form notes buyer "retains rights to terminate under Section 82.156, Texas Property Code."
The Resale Certificate — a second promulgated form
Paragraph 2C requires a Resale Certificate from the condominium owners association, and specifies it "must be in a form promulgated by TREC or required by the parties," prepared at seller's expense no more than 3 months before delivery to buyer, and must contain at minimum the information required by Section 82.157, Texas Property Code. Three checkbox options: buyer already has the Certificate; buyer hasn't received it yet (seller delivers within a negotiated window, buyer gets a 7-day post-receipt termination right, earnest money refunded); or buyer has seller's affidavit that seller requested the Certificate and the Association didn't provide it, so both sides waive the requirement.
What's actually on the 32-5 Resale Certificate
TREC No. 32-5 is prepared and signed by the condo association's governing body (the Board), and it has to disclose, item by item:
- Whether the Declaration contains a right of first refusal or other transfer restraint.
- The periodic common expense assessment amount.
- Any common expense or special assessment due and unpaid by the seller, with the amount and reason.
- Other amounts payable by seller to the Association.
- Capital expenditures the Association has approved for the next 12 months.
- Reserves for capital expenditures, including how much is designated and for what.
- The current operating budget and balance sheet (attached).
- The amount of any unsatisfied judgments against the Association.
- Any pending suits against the Association and their nature.
- Whether the Association provides insurance coverage for unit owners.
- Known violations of the Declaration, bylaws, or rules affecting the unit or its limited common elements.
- Any governmental notices of health or building code violations received by the Board.
- The remaining term of any leasehold estate affecting the condominium, plus extension/renewal terms.
- The Association's managing agent contact information.
- Association fees resulting from the transfer, by description, payee, and amount.
- Any required contribution to the capital reserves account.
A right-of-refusal clause the standard contract doesn't have
Paragraph 2D handles what happens if the Documents reveal the Association (or a member) holds a right of refusal to purchase the property. If that's the case, the Effective Date is amended to the date buyer receives the Association's certification that (i) seller complied with the right-of-refusal requirements and (ii) everyone eligible to exercise it has declined or waived it. If buyer doesn't get that certification within a negotiated number of days, or if the right is exercised, the contract terminates and earnest money is refunded.
Financing checkboxes are condo-specific
Paragraph 3B lists the financing sum as coming from an attached Third Party Financing Addendum, Loan Assumption Addendum, or Seller Financing Addendum — the same three options named directly on the form, with checkboxes for each.
Two lease checkboxes right in the contract
Paragraph 4 flags leases up front: box A if the property is subject to one or more residential leases (Addendum Regarding Residential Leases attached) and box B if fixtures on the property are subject to fixture leases — the form's own examples are "solar panels, propane tanks, water softener, security system" — with the Addendum Regarding Fixture Leases attached.
Prorations and casualty loss work differently for a condo
Paragraph 13 states that cash reserves from regular condominium assessments for deferred maintenance or capital improvements will not be credited to seller, and any special condominium assessment due and unpaid at closing is seller's obligation. Paragraph 14 splits casualty loss into two tracks: damage to the unit itself (seller's sole obligation to restore, by the Closing Date if possible) versus damage to Common Elements or Limited Common Elements — where buyer gets 7 days from notice of the casualty to terminate unless seller delivers written Association confirmation, within 7 days of buyer's notice, that the damage will be restored within a reasonable time at no cost to buyer.
Smart Devices — a newer clause tied to the fixtures list
Paragraph 2A(2)'s Improvements definition now includes "controls" for garage doors, entry gates, and other improvements/accessories — specifically the software, applications, and hardware used to access them. Paragraph 10B then requires the seller, at the time possession is delivered, to give buyer all access codes, usernames, passwords, and apps needed to operate those Smart Devices, and to remove the seller's own device access and connections.
Title Notices — one of the most complete checklists TREC publishes
Paragraph 6D on this contract lists ten separate statutory notices, several with full verbatim text built into the form itself: abstract/title policy advisement; statutory tax districts under Chapter 49, Texas Water Code; tidal waters coastal notice under §33.135, Natural Resources Code; annexation/ETJ notice under §5.011, Property Code; a certificated utility service area notice under §13.257, Water Code (quoted in full on the form); public improvement district notice under §5.014, Property Code; private transfer fee notice under §5.205, Property Code; propane gas system service area notice under §141.010, Utilities Code; a reservoir water-level-fluctuation notice for impoundments over 5,000 acre-feet; and the certificate-of-mold-remediation requirement under §1958.154, Occupations Code, covering the 5 years before sale.