Every current TREC resale and land contract already puts the buyer on notice, in the property-condition paragraph, that wetlands or a threatened/endangered species habitat could affect what they're allowed to do with the property. On the One to Four Family Residential Contract (TREC No. 20-19), that's Paragraph 7G: "Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used." The Farm and Ranch Contract (TREC No. 25-17) carries the identical sentence at Paragraph 7G. Neither contract does anything more than advise — it doesn't order a report, and it doesn't give the buyer a way out. That's what the Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum (TREC No. 28-2) is for.
What the addendum actually authorizes
TREC No. 28-2 is short — one page, three checkboxes, and a single termination paragraph. Each box lets the buyer commission a specific report, at the buyer's own expense:
- A. Environmental Assessment — "Buyer, at Buyer's expense, may obtain an environmental assessment report prepared by an environmental specialist."
- B. Threatened or Endangered Species — "Buyer, at Buyer's expense, may obtain a report from a natural resources professional to determine if there are any threatened or endangered species or their habitats as defined by the Texas Parks and Wildlife Department or the U.S. Fish and Wildlife Service."
- C. Wetlands — "Buyer, at Buyer's expense, may obtain a report from an environmental specialist to determine if there are wetlands, as defined by federal or state law or regulation."
Nothing requires all three boxes to be checked. A buyer worried only about protected-species habitat on a rural lot can check B alone and leave A and C blank.
The termination clause — and the blank that has to be filled in
The addendum's operative language: "Within _____ days after the effective date of the contract, Buyer may terminate the contract by furnishing Seller a copy of any report noted above that adversely affects the use of the Property and a notice of termination of the contract. Upon termination, the earnest money will be refunded to Buyer." Two things to flag when reviewing a file: the number of days is a blank the parties negotiate and fill in themselves — the form ships with no default — and the termination right is conditioned on the report actually being adverse to the property's intended use, not merely on the buyer obtaining one. A clean report doesn't create a termination right; it just closes the door on that concern. If the printed form on a file still shows that blank empty, treat it as an incomplete addendum, not an oversight to paper over later.
Where it lives on the contract
On both TREC No. 20-19 and TREC No. 25-17, the addendum is checked in Paragraph 22 ("Agreement of Parties"), under the "Additional Tests and Reports" heading — the same subheading that holds the Addendum for Authorizing Hydrostatic Testing. Checking the box in Paragraph 22 without also attaching the completed 28-2 form (with at least one of the A/B/C boxes checked and the days blank filled in) leaves the file inconsistent.
When agents actually reach for this one
In practice this addendum shows up far more often on land-heavy deals than on an ordinary subdivision resale: farm and ranch transactions, unimproved/vacant land, acreage at the edge of a city, or any property backing onto a creek, floodplain, or undeveloped brush that could plausibly hold wetlands or habitat for a species like the golden-cheeked warbler or black-capped vireo in Central Texas. It's less common on a standard suburban resale simply because there's rarely raw land or standing water on the lot to assess — though nothing in the form restricts it to rural property, and a buyer on any contract type is free to request it.
One form, unrevised since 2011
TREC No. 28-2 replaced TREC No. 28-1 and has carried an effective date of December 5, 2011 with no subsequent revision — even as the surrounding base contracts around it (20-19, 25-17) have been through several form updates since. Don't assume a newer number exists just because the contract it attaches to got renumbered; confirm on trec.texas.gov before attaching a saved copy to a file.