The Texas Real Estate Commission in November 2022 added checkboxes to the Seller’s Disclosures paragraph of the Unimproved Property Contract (TXR 1607, TREC 9-16), New Home Contract (Incomplete Construction) (TXR 1603, TREC 23-18), New Home Contract (Completed Construction) (TXR 1604, TREC 24-18), and Farm and Ranch Contract (TXR 1701, TREC 25-15).
The checkboxes were added to the existing disclosure items so that sellers can indicate whether or not they are aware of the listed conditions. Sellers need to choose the appropriate checkboxes before these contracts can be executed. Buyers should contact the sellers for information on how to complete this section of the contract when submitting offers.
This is not an efficient way of doing things
agreed! Why not just make a special SD notice for Builders…instead of a contract going back and forth to get executed…makes no sense. The insulation values could be added to it, as well as what type of warranty the builder offers etc…
Great suggestion! Thank you for being a positive, problem-solving agent!
So the buyer’s agent is supposed to contact the listing agent and ask how to complete the boxes when they are writing an offer. The seller’s agent instructs the buyer’s agent how to fill out the contract based on verbal information from the seller. Who gets the blame when a check mark isn’t put in the right place. Why don’t they just make a seller’s disclosure ?
Why doesn’t the article explain the new checkboxes?
Surely you don’t really mean the buyers need to contact the sellers? This article is not very helpful.
Buyers should contact the sellers for information on how to complete this section of the contract when submitting offers????
I agree w/ all of the prior comments.
Yup, me too. Dumb! None of this makes sense.
I would agree this is very inefficient. I just had one of these deals where the buyer’s agent prepared an offer and signed it. It was then submitted to sellers agent who then forwarded for seller signature. The checkboxes got completed by the seller and every one had to initial the changes when meant going back and confusing the buyer. There was another bid so waiting for a response back on the checkboxes was not an option. TREC just split out the disclosure and have the seller or builder completed beforehand. I hate to add a document, but I hate… Read more »
Need a different disclosure for residential, vacant lots and land and multi-family
Poorly written paragraph and article. Why not just a brief SD for vacant land?
I agree that it was poorly thought out. One way would be to fill it out and then the burden would be on the seller to view it and leave it alone (agreement) or counteroffer with what they wish to change. Very weird way to go about this.
Can this information be NOTED special in the MLS listing ? And on the Sellers Disclosure? for upfront information to Buyer’s interested ?
These checkboxes should be on a separate form that the seller’s have already completed and the listing agent has uploaded in associated docs that the buyer’s agent can readily access when writing an offer. The way it is currently does not provide an efficient flow of signatures.
Seems like a waste of blog space. Doesn’t this answer apply to any checkbox in the history of appropriate checkboxes in any contract anywhere?
Maybe I don’t understand your comment, but it sounds like you are asking what makes these check boxes different from … for instance … who pays for title insurance, survey, etc. All of the check boxes I can think of previously pertain to how a buyer would like to construct their offer. These check box options are a seller’s disclosure. That is the difference. The seller disclosure on a 1-4 fam res isn’t even technically part of the contract or even an addendum to the contract. It’s simply a state mandated disclosure.
To TXR staff: We’re aware that TREC made these contract changes, not TXR.
Thank you for this heads’ up that boxes have been added to these contracts.
I agree with all the comments and hope the TXR staff will pass the comments on to the appropriate TREC committee.
I had faced this issue prior to seeing this article and I was caught by surprise when I saw the disclosure added. I currently send the offer with the instruction to the Listing Agent to have the seller complete those checkboxes and initial the addition. I have already explained to the Buyer the contract will come back and require initials for it to be executed. I have not had a problem with this approach. The Buyer is aware and the Seller’s Agent is aware.
I agree that the addition of these check boxes is a completely arbitrary attempt at an SD here. It has no “teeth” and no effect and does more to create issues than solve problems. How I’ve addressed this is to include the 7 checkboxes as an “attachment a” on the transaction desk that I have had my seller fill out and sign along with their listing documents. I upload it to the transaction desk when I make the listing active. That way, when a buying agent submits a contract, they can include the attachment a with their buyer’s signature and… Read more »