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TREC Document

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TREC DOCUMENT - GENERAL BUSINESS AGREEMENT

Parties

This General Business Agreement (the Agreement) is entered into effective as of (Effective Date), by and between:

WHEREAS

WHEREAS, Party A is engaged in the business of real estate brokerage and related services and desires to retain Party B to perform certain services in connection with Party A's business operations; and

WHEREAS, Party B represents that it has the requisite experience, personnel, and resources to perform the services described herein and agrees to perform such services in accordance with the terms and conditions of this Agreement; and

WHEREAS, the parties desire to set forth the terms and conditions under which Party B will perform services for Party A commencing on or about .

Scope of Work

Party B shall perform the services described below (Services). The Services shall be performed in a professional manner consistent with industry standards and applicable law.

Payment Terms

In consideration for the Services, Party A shall pay Party B as set forth below. All fees are exclusive of taxes unless otherwise stated.

Any undisputed amount not paid when due shall accrue interest at the lesser of the following rates: (i) a fixed rate of % per month; or (ii) the maximum rate permitted by applicable law. If the parties elect a flat late fee, indicate amount: .

Term and Termination

This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon written notice delivered to the other party at least days prior to the effective date of termination. Either party may terminate immediately for cause upon material breach by the other party if such breach is not cured within thirty (30) days following written notice specifying the breach.

Upon termination, Party B shall deliver to Party A all completed work and all work in progress, and Party A shall pay Party B for Services performed through the effective date of termination in accordance with the Payment Terms, subject to any setoffs or claims arising from breach.

Confidentiality

During the term of this Agreement and for a period of years thereafter, each party shall hold in strict confidence all Confidential Information received from the other party. "Confidential Information" means non-public business, technical and financial information disclosed by a party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of the receiving party; (b) was known to the receiving party prior to disclosure without an obligation of confidentiality; (c) is lawfully received from a third party without restriction; or (d) is independently developed by the receiving party.

Representations, Warranties and Indemnification

Each party represents and warrants that it has full corporate or entity power and authority to enter into and perform this Agreement. Party B warrants that the Services will be performed in a competent and workmanlike manner and in compliance with applicable laws and regulations.

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, damages and expenses arising from the indemnifying party's gross negligence, willful misconduct, or material breach of this Agreement, except to the extent caused by the indemnified party's negligence or willful misconduct.

Limitation of Liability

Except for liability arising from willful misconduct, gross negligence, or breach of confidentiality or indemnification obligations, neither party's aggregate liability for any claim arising out of this Agreement shall exceed the total fees paid or payable to Party B under this Agreement in the twelve (12) months preceding the claim.

Compliance with Law

Each party shall comply with all applicable federal, state, and local laws, rules and regulations in performing its obligations under this Agreement, including without limitation any licensing or registration requirements applicable to the Services.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflict of laws.

Assignment

Neither party may assign or transfer this Agreement or its rights hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that either party may assign this Agreement in connection with a merger, sale of substantially all assets, or change of control, provided the assignee assumes all obligations under this Agreement.

Entire Agreement

This Agreement, including any exhibits or attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, understandings and communications, whether oral or written. Any amendment or modification of this Agreement must be in writing and signed by both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by written notice to the other party.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. The headings in this Agreement are for convenience only and shall not affect interpretation.

Party A - Printed Name:

By:

Date:

Party B - Printed Name:

By:

Date:

Enter text✕

What the TREC Document Is and Who It Serves

A TREC Document is a standardized form published by the Texas Real Estate Commission for use in residential and commercial property transactions, including purchase agreements, addenda, seller disclosures, and other transaction-related notices. These forms define parties, property, consideration, contingencies, deadlines, and signature blocks so that contracts are consistent and easier to interpret. While tailored to Texas transactions, many fields reflect common national practices; electronic completion and retention must still meet federal ESIGN and applicable state law requirements to be enforceable.

Why Using a Proper TREC Document Matters

TREC templates standardize essential terms, reduce ambiguity in offers and counteroffers, and make it easier to track deadlines and contingencies during a sale or lease.

Why Using a Proper TREC Document Matters

Primary Users and Stakeholders

Who commonly completes or relies on TREC Documents in routine transactions.

  • Real estate agents and brokers who prepare, review, and deliver forms to buyers and sellers for execution.
  • Buyers and sellers who must confirm property details, contingencies, and dates before finalizing signatures.
  • Title companies and lenders who review completed forms to clear title and satisfy financing requirements.

Understanding these roles helps assign responsibilities and avoid signature or timing errors.

Core Components to Expect in a TREC Document

Most TREC Documents include standardized sections that govern the transaction and reduce negotiation friction.

Parties

Full legal names and contact details for buyer(s) and seller(s); exact entity names avoid ambiguity and permit title search matching.

Property

Legal description and street address, including lot, block, subdivision, and county when available; sufficient detail is required for recording and title work.

Price

Purchase amount, earnest money amount, and payment schedule; specify currency and escrow instructions where applicable.

Financing

Financing terms or cash sale statement, loan contingency deadlines, and obligation to apply for financing or provide seller notices if financing falls through.

Contingencies

Inspection, appraisal, title, and financing contingencies with clear deadlines and cure periods to preserve rights and termination options.

Signatures

Signature blocks, printed names, dates, and any required initials on each page to show assent and prevent later disputes about execution.

Step-by-Step: Completing a TREC Document

Follow these sequential steps to prepare, sign, and distribute a TREC Document with minimal back-and-forth.

  • 01
    Gather Information: Collect IDs, legal descriptions, lender details, and earnest money instructions.
  • 02
    Fill Sections: Complete parties, property, price, financing, and contingencies accurately.
  • 03
    Initials and Pages: Confirm initials on required pages and that every page is present.
  • 04
    Sign and Deliver: Obtain signatures and provide copies to all parties and title or escrow.

Where and How a Completed TREC Document Is Routed

Typical routing ensures the contract is executable, reviewed by title, and accessible to lenders and closing agents.

  • Prepare: Agent or attorney completes the form and confirms accuracy prior to signature.
  • Send to Parties: Deliver to buyer and seller for signature, using tracked delivery or eSignature where allowed.
  • Escrow or Title: Escrow or title company receives the executed document and begins title clearance and closing steps.
  • Closing: Signed documents are exchanged at closing and originals or recorded copies retained as required.

Digital Signing and File Format Considerations

Use platforms and file formats that preserve integrity, timestamps, and a verifiable audit trail when completing TREC Documents electronically.

  • Integrations: Salesforce, NetSuite, Microsoft 365 supported by many platforms.
  • File Formats: PDF and DOCX ensure editable draft and archival PDF output.
  • Authentication: Email, SMS code, or stronger KBA options are commonly available.

Common Dates and Deadlines to Track on TREC Forms

TREC Documents include multiple date-driven obligations; track each deadline in a shared calendar to preserve rights.

Effective Date:

Date the last party signs; governs many performance deadlines.

Option Period:

Buyer’s inspection option expiration, if applicable, for contract termination rights.

Financing Deadline:

Date by which buyer must satisfy loan approval contingency.

Inspection Deadline:

Final date to complete and report on property inspections.

Closing Date:

Date scheduled for transfer, funding, and recording documents.

Common Errors That Cause Delays or Disputes

  • Using nicknames or informal names that do not match title or ID, which require corrective affidavits and delay closing.
  • Omitting required initials on altered pages or failing to initial addenda, creating arguments about assent to terms.
  • Entering ambiguous dates or open-ended deadline language that forfeits termination rights or creates enforceability disputes.
  • Not attaching required exhibits, addenda, or seller disclosures so title companies cannot clear exceptions for recording.

Legal and Practical Risks of an Incorrect TREC Document

Contract Voidability: Incomplete execution can render the agreement voidable.
Closing Delays: Title defects or missing signatures postpone recording and funding.
Monetary Loss: Earnest money disputes or missed contingencies may lead to forfeiture.
Liability Claims: Misstatements about property condition can trigger seller liability.
Regulatory Noncompliance: Failure to follow statutory disclosure requirements risks penalties.
Notarization Errors: Incorrect acknowledgements prevent recording in some counties.

eSignature Vendor Pricing and Feature Snapshot for Transaction Documents

Basic pricing and a few feature points to consider when choosing an eSignature provider for TREC Documents; signNow is listed first per comparison convention.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

FAQs and Troubleshooting for TREC Documents

Answers to frequent questions about electronic signatures, notarization, signatory authority, and recordkeeping for TREC Documents.


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