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TREC Form 20-19

TREC Form 20-19: Complete Agent Guide

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

By Heath Shepard, Texas REALTOR® Updated 2026-08-07

TREC Form 20-19, the One to Four Family Residential Contract (Resale), is the most-used contract in Texas real estate. TREC adopted 20-19 under 22 TAC §537.28 on May 4, 2026, effective July 1, 2026 — it replaces 20-17/20-18. Agents handle dozens of these per year and most have never read every paragraph carefully. This guide walks through the current 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. ¶ 2B's accessories list now also includes generators.

¶ 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 — Leases

Discloses any leases affecting the property — residential leases, fixture leases, and natural resource leases (mineral, water, wind, coal, lignite, oil, gas). ¶ 4C's Natural Resource Lease definition now also includes geothermal.

¶ 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.

New: ¶ 7I — Seller's Water Disclosure

20-19 adds a brand-new paragraph, ¶ 7I, the Seller's Disclosure About Groundwater and Surface Water Rights ("Seller's Water Disclosure"). It did not exist in 20-17 or 20-18. Three checkboxes: (1) buyer has received the Seller's Water Disclosure, (2) buyer has not received it, or (3) seller isn't required to deliver one because all five of the following are true — no water well on the property, no pond/lake/tank, no filed surface water rights, no severed groundwater rights, and the property gets its water only from a municipal utility, MUD, WSC, or other public water supply corporation. Confirm which box applies before the contract is signed — it's a disclosure the seller has to affirmatively make or opt out of.

¶ 8 — Brokers' fees

¶ 8 used to carry a "B. BROKERS' FEES" subsection stating that broker-compensation obligations are governed by separate written agreements. 20-19 deletes that subsection entirely — broker compensation is now addressed directly in the contract, in the new ¶ 12B (below). Note: the Effective Date isn't a separately numbered paragraph — it's the date filled in near the signature block once the last party has signed and delivery has occurred, and every day-count deadline in the contract runs from it.

¶ 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, expenses, and brokerage compensation

¶ 12A still allocates standard closing costs (title policy, survey, recording fees, etc.) between buyer and seller.

New: ¶ 12B — Brokerage Compensation

20-19 adds ¶ 12B, stating brokerage compensation "is not set by law and is fully negotiable," with two blanks: (1) an amount or percentage the seller will pay, applied toward the compensation the buyer owes their own broker, and (2) an amount or percentage the buyer will pay, applied toward the compensation the seller owes their own broker. This is TREC's contract-level response to the NAR commission-settlement changes — compensation now gets negotiated and documented directly in the purchase contract rather than exclusively in separate listing or buyer-representation agreements. This is a description of what the form says, not legal or brokerage-compliance advice — confirm your MLS's and your broker's compensation-disclosure requirements with your broker or a Texas real estate attorney before filling in ¶ 12B.

¶ 12C — Expense Limitation (renamed from old ¶ 12B)

What used to be ¶ 12B — the right to terminate if a party's closing costs exceed a negotiated cap — is renumbered ¶ 12C and narrowed. Brokerage compensation is excluded from that termination right's concession-priority order; ¶ 12C's termination right is now scoped specifically to charges a governmental loan program prohibits the buyer from paying, not to brokerage compensation generally.

¶ 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. 20-19 also updates ¶ 17's broker terminology from "Listing Broker, Other Broker" to "Seller's broker, Buyer's broker" — consistent with the ¶ 12B compensation language.

¶ 18 — Escrow

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

¶ 19 — Representations

Standard representations by both parties. Unchanged in 20-19.

¶ 20 — Governmental Requirements

Renamed from "FEDERAL REQUIREMENTS"/"FEDERAL TAX REQUIREMENTS." The prior federal tax withholding text becomes subsection A; a new subsection B is added covering other governmental reporting requirements (for example, U.S. Treasury reporting).

¶ 21 — Notices

Restructured: notice can now be given by "the party or their agent" (not just the party directly), delivery by overnight courier is added, and fax is dropped entirely as a delivery method. Buyer's and seller's agents each get their own full contact block instead of a "copy to" line.

¶ 22 — Agreement of the parties

The addenda checklist is reorganized into categories, folds in the addendum-reference language relocated from ¶ 6E, and adds new checkboxes for the Release of Liability/VA Restoration and the Non-Realty Items Addendum.

¶ 23 — Consult an Attorney Before Signing

¶ 23 has never been the rollover paragraph — in 20-17, 20-18, or 20-19 — it's a one-line reminder to consult an attorney before signing, and that hasn't changed. The rollover rule for earnest money and the option fee lives in ¶ 5A(2) (see ¶ 5, above). It doesn't apply to the option period, and it doesn't extend to title, survey, financing, or closing deadlines.

Broker contact information

20-19 also renames the signature-page "BROKER INFORMATION" section to "BROKER CONTACT INFORMATION" and restructures it into separate Seller's agent, Buyer's agent, and intermediary blocks; the old subagency-disclosure line is removed.

The bottom line: ¶ 5 (earnest money + option period, with the ¶ 5A(2) rollover), ¶ 6 (title and survey), ¶ 7 (property condition, now including the ¶ 7I water disclosure), ¶ 9 (closing), and the new ¶ 12B (brokerage compensation) drive most of what an agent or TC actually has to track day to day. The rest matter at execution and at default — not in day-to-day file management.

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Frequently asked

What's the difference between TREC 20-17/20-18 and 20-19? +
20-19 is the current version of the One to Four Family Residential Contract (Resale), adopted by TREC under 22 TAC §537.28 on May 4, 2026 and effective July 1, 2026 — it replaces 20-17 and 20-18. The biggest substantive changes are a new ¶ 7I water-rights disclosure, a rewritten ¶ 12 that adds brokerage-compensation terms directly to the contract (¶ 12B), and updates to the notices (¶ 21) and addenda-checklist (¶ 22) paragraphs. Always use the version current at contract execution; TREC publishes updates periodically.
Can I modify TREC 20-19? +
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 the ¶ 5A(2) rollover rule apply to the closing date in ¶ 9? +
No. ¶ 5A(2)'s rollover rule is scoped to the earnest money and option-fee deadlines in ¶ 5A. The closing date itself is a calendar date set in ¶ 9A — if it lands on a weekend or federal holiday, parties typically execute an amendment to move it. Title companies generally won't close on federal holidays regardless.
What is the ¶ 7I Seller's Water Disclosure? +
A new paragraph in TREC 20-19 requiring the seller to either deliver a Seller's Disclosure About Groundwater and Surface Water Rights, confirm the buyer already has it, or check a box confirming none is required because the property has no water well, no pond/lake/tank, no filed surface water rights, no severed groundwater rights, and gets its water only from a municipal or public water supply. It didn't exist in 20-17 or 20-18.
Does ¶ 12B set brokerage compensation for me? +
No. ¶ 12B just gives the parties blanks to state what the seller will pay toward the buyer's broker's compensation and what the buyer will pay toward the seller's broker's compensation — the form itself says compensation is "not set by law and is fully negotiable." This isn't legal or compliance advice; confirm how to fill in ¶ 12B with your broker or a Texas real estate attorney, especially in light of the NAR settlement changes.