The Addendum Regarding Fixture Leases (TREC No. 52-1) is dated 11-07-2022. It exists because not every fixture attached to a house is actually owned by the seller — solar panels, propane tanks, water softeners, and security systems are commonly leased, and a standard resale contract's fixtures language doesn't cover a lease the seller doesn't own outright.
What counts as a "Leased Fixture"
Paragraph A defines Leased Fixtures as fixtures in or on the property that the seller leases and does not own — the form's own checkbox examples are solar panels, propane tanks, water softener, and security system, plus an open line for anything else. All rights to them are governed by whatever Fixture Lease is actually in place.
Assumption is negotiated cost by cost
Paragraph A(1) has the buyer assume, and the seller assign, whichever specific Fixture Leases are checked. The cost split isn't automatic — the form has the buyer pay the first negotiated dollar amount of any cost necessary to assume or receive an assignment of the leases, with the seller covering the remainder. Both parties agree to sign whatever documents the lessor requires to complete the assumption or assignment.
What happens to fixtures the buyer doesn't assume
Paragraph A(2) addresses Leased Fixtures the buyer isn't taking on: the seller will or will not remove them prior to closing (checkbox), and if removed, the seller is responsible for repairing any resulting damage to the property. The form adds a direct notice: any Leased Fixture that stays behind remains subject to the lessor's rights under the Fixture Lease — buying the house doesn't extinguish the lessor's claim on equipment the buyer didn't formally assume.
Delivery of the actual lease documents
Paragraph B has three options: buyer already has copies of all the Fixture Leases being assumed; buyer hasn't received them yet, in which case the seller must provide copies within 5 days after the Effective Date, and the buyer gets a termination right within 7 days after receiving them (earnest money refunded); or the seller discloses an oral Fixture Lease, identifying the lessee's name, rental amount, and term directly on the form or an attached exhibit.
The addendum closes with a plain notice that seller and buyer should consult with the lessor and their own attorneys regarding assignment, assumption, or termination of any Fixture Lease — TREC doesn't resolve the lessor's own contract terms through this form, it only coordinates the transaction around them.