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TREC Form 20-17

TREC Form 20-17: Complete Agent Guide

Paragraph by paragraph through the contract that drives almost every Texas residential resale.

By Heath Shepard, Texas REALTOR® Updated 2026-05-05

TREC Form 20-17, the One to Four Family Residential Contract (Resale), is the most-used contract in Texas real estate. Agents handle dozens of these per year and most have never read all 23 paragraphs carefully. This guide walks through the form by paragraph and flags what matters operationally.

¶ 1 — Parties

Identifies the seller and buyer. Use legal names exactly as they appear on title for the seller (matching the deed) and on the buyer's loan documents.

¶ 2 — Property

Property description: street address, county, legal description (lot/block/subdivision/recording reference). The legal description must match the title commitment exactly. Mismatches here surface as title objections later.

¶ 3 — Sales price

Total sales price, broken into cash portion and financed portion. ¶ 3B's financing portion ties to the Third Party Financing Addendum (40-11) if attached.

¶ 4 — License holder disclosure

Which party each agent represents. Critical to mark correctly — Texas brokerage law requires disclosure of representation in writing.

¶ 5 — Earnest money and option fee

The most operationally consequential paragraph in the form.

¶ 6 — Title policy and survey

¶ 7 — Property condition

Seller's disclosure obligations under TREC, plus buyer's acceptance "as-is" or subject to repairs. Most repair negotiations happen during the option period and are documented via amendment (39-9), not by editing ¶ 7 directly.

¶ 8 — Effective date

The Effective Date is the date the last party signs and delivery occurs. The escrow agent or title company typically dates the contract on receipt; the Effective Date drives every subsequent deadline. Confirm in writing.

¶ 9 — Closing

Sets the closing date (¶ 9A). All other deadlines must run before this date — financing, title, survey, repairs all complete prior. If closing needs to move, execute TREC Form 39-9.

¶ 10 — Possession

When does the buyer get the keys — at closing, at funding, or per a separate temporary lease (TREC 16-7 buyer or 15-6 seller temporary residential leases)?

¶ 11 — Special provisions

Free-text negotiated provisions. Texas brokerage law restricts what license holders can write here without crossing into legal advice. Custom drafting beyond simple business terms typically requires an attorney.

¶ 12 — Settlement and other expenses

Allocates closing costs between buyer and seller (title policy, survey, recording fees, etc.) plus any negotiated seller concessions toward buyer's closing costs.

¶ 13 — Prorations

Property tax prorations, HOA fees, etc. Title company handles the math at closing.

¶ 14 — Casualty loss

What happens if the property is damaged before closing.

¶ 15 — Default

Remedies if either party defaults — typically liquidated damages limited to the earnest money for the seller, specific performance available for the buyer.

¶ 16 — Mediation

Mediation provision before any litigation.

¶ 17 — Attorney's fees

Prevailing party recovers reasonable attorney's fees.

¶ 18 — Escrow

How earnest money is held and disbursed by the escrow agent.

¶ 19-22 — Representations, federal tax, agreement of parties, consult an attorney

Standard provisions. ¶ 22 lets parties identify which addenda are attached (financing, lead paint, HOA, etc.).

¶ 23 — Time

The rollover rule. "If the time period within which any act required by this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday." Applies to every TREC deadline except ¶ 5B's option period, which carves itself out.

The bottom line: ¶ 5 (earnest money + option period), ¶ 6 (title and survey), ¶ 8 (Effective Date), ¶ 9 (closing), and ¶ 23 (rollover) drive 90% of what an agent or TC actually has to track. The rest matter at execution and at default — not in the day-to-day file management.

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Frequently asked

What's the difference between TREC 20-17 and 20-18? +
20-17 is the One to Four Family Residential Contract (Resale) — used for existing-home transactions, which is the vast majority of Texas residential. 20-18 has a similar purpose but with form-version differences. Always use the version current at contract execution; TREC publishes updates periodically.
Can I modify TREC 20-17? +
License holders can fill in blanks. They generally cannot redraft paragraphs without crossing into the unauthorized practice of law. For substantive modifications, attach an amendment (39-9) drafted with attorney input.
Is the option fee ever credited to the sales price? +
Only if the contract specifies it. ¶ 5A has a checkbox for crediting the option fee toward the sales price at closing. If unchecked, the seller keeps the option fee outside of the sales price.
What if the survey shows an encroachment? +
Survey objections fall under ¶ 6 — typically resolved during the title-commitment objection window. The buyer raises the objection, the seller has a chance to cure, and if uncured the buyer can terminate per ¶ 6D and recover earnest money.
Does ¶ 23 apply to the closing date in ¶ 9? +
¶ 23 applies to time periods running from the Effective Date or another specific event. The closing date itself is a calendar date set in ¶ 9A — if it lands on a federal holiday, parties typically execute an amendment to move it. Title companies generally won't close on federal holidays regardless.