Can the addendum be signed electronically?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and most state UETA statutes; ensure authentication and retention requirements are met.

When does the inspection period start?

The inspection period starts on the date specified in the addendum or as defined in the purchase contract; enter the start and end dates clearly using MM/DD/YYYY.

Who pays for additional testing?

The addendum should expressly state whether buyer or seller pays for follow-up sampling; absent clear language, parties may dispute responsibility during remediation.

Is notarization or recording necessary?

Most addenda do not require notarization to be enforceable, but recording or notarization rules vary by state and document type; verify local recording requirements before filing.

What if the seller denies access?

If access is denied, review contract remedies and termination rights; document communications and consult counsel if denial breaches agreed access terms.

How long should I keep the report?

Retain the executed addendum and reports for at least three years after closing or termination; longer retention may apply for tax or HIPAA reasons.

Electronic Signature
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TREC No. 28-2 Environmental Assessment Addendum

TREC No. 28-2 Environmental Assessment Addendum

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What the TREC No. 28-2 Environmental Assessment Addendum Is

The TREC No. 28-2 Environmental Assessment Addendum is a Texas Real Estate Commission form that documents buyer access, scope, timing, and remedies related to a property environmental assessment. It supplements a purchase contract by allocating responsibility for inspections, specifying who conducts the assessment, setting the evaluation period and delivery expectations, and describing rights to terminate or request remediation based on findings. The addendum is commonly used when a buyer wants a formal environmental review (Phase I/Phase II or similar) before proceeding with closing, and it clarifies logistics and liabilities between buyer, seller, and agents.

Why this addendum matters for transactions

Using TREC No. 28-2 helps protect parties by documenting inspection access, responsibility for costs, and the buyer’s ability to cancel or negotiate when environmental hazards are discovered. It reduces ambiguity about timing and who receives test results, and it creates a clear record of agreed remedies.

Who typically completes the Environmental Assessment Addendum

Typical participants include buyers, listing and buyer agents, environmental consultants, and the seller when negotiating access and remedies.

Buyers and buyer agents seeking site-condition protection during due diligence.
Environmental consultants performing Phase I or Phase II assessments.
Sellers or listing agents agreeing to access terms and remediation responsibilities.

Each participant should confirm roles, deadlines, and payment responsibility in writing to avoid disputes and preserve termination rights under the main contract.

Key elements found in a professional TREC No. 28-2 addendum

A complete addendum clearly assigns responsibilities, sets deadlines, and defines acceptable outcomes so all parties know how environmental findings affect the contract.

Inspection Period

Specifies the number of days the buyer has to complete assessments and deliver reports; critical for preserving termination rights and avoiding missed deadlines.

Access & Entry

Grants consultants right to enter the property, schedule testing, and take samples; includes contact coordination and limits on disruption or damage.

Scope of Work

Describes the expected assessment type (Phase I, Phase II, asbestos, mold) and any sampling standards or industry protocols to be followed.

Cost Allocation

States who pays for testing, reporting, and remediation evaluations, and whether seller-paid work requires preapproval or receipts.

Delivery & Review

Requires the consultant to deliver written findings to specified parties within the inspection period and defines acceptable file formats and confidentiality.

Buyer Remedies

Defines buyer options on adverse findings: terminate, request seller remediation, or negotiate credits, and sets response timelines for seller or title/escrow.

Step-by-step: completing and exchanging the addendum

Follow a clear sequence to preserve rights and document acceptance.

01

Prepare Addendum: Populate fields, attach scope and estimated costs.
02

Obtain Signatures: Have buyer and seller sign within contract timelines.
03

Schedule Assessment: Coordinate access with seller and consultant.
04

Deliver Findings: Receive written report and follow termination or remediation steps.

Online workflow settings to support the assessment process

Set up a digital workflow to route the addendum, collect signatures, and deliver the environmental report securely.

Field	Configuration
Signature Order	Buyer then seller; parallel only if agreed by parties.
Authentication	Email plus SMS code recommended for positive attribution.
Document Attachments	Allow consultant uploads (PDF) and preserve original file names.
Access Expiration	Set links to expire after inspection period to limit unauthorized access.

Digital delivery and platform considerations

Ensure the chosen platform supports secure file transfer, an audit trail, and the authentication level you need.

File formats: PDF or PDF/A recommended
Authentication: Email + SMS code
Integrations: MLS, transaction management

Use a platform that preserves an unalterable audit trail with timestamps and signer attribution to document consent to the addendum terms.

Typical routing: who receives the addendum and reports

A standard routing ensures all stakeholders get copies and deadlines are visible to transaction teams.

Buyer / Agent: Receives executed addendum and report
Seller / Agent: Receives notice of access and findings
Environmental Consultant: Uploads report to transaction file
Escrow / Title: Receives documents affecting closing conditions

Common deadlines and when actions must occur

Document the inspection window and follow-up dates so termination and remediation options remain enforceable.

Inspection Period Expiration:

Buyer must deliver report by this date.

Termination Notice Deadline:

Buyer must provide written termination if unsatisfied.

Seller Response Window:

Seller typically has a short window to accept remediation or negotiate.

Remediation Completion:

If agreed, set a clear completion date.

Closing Impact:

Any unresolved issues may delay or modify closing conditions.

Common mistakes to avoid

Failing to use MM/DD/YYYY for deadlines, which can create disputes about whether a condition lapsed.
Not specifying who pays for additional testing if initial results are inconclusive or require follow-up.
Allowing verbal scheduling for site access without written confirmation, leading to denied entry or delays.
Neglecting to name the exact report recipients, causing delays in title or escrow review.

Risks and consequences of incomplete or incorrect addenda

Missed Deadlines: Loss of termination rights

Access Denied: Delayed inspections, potential breach claims

Ambiguous Scope: Uncertain remediation obligations

Incorrect Parties: Voidable signatures or enforcement issues

Improper Authentication: Questioned eSignature validity

Unaddressed Costs: Unexpected out-of-pocket expenses

Essential information to include in the addendum

Property ID: Street address and legal description

Party Names: Full buyer and seller names

Inspection Scope: Type and extent of testing

Deadlines: Inspection and response dates

Payment Terms: Who pays and any caps

Report Recipients: Named parties who receive findings

eSignature pricing and capability snapshot for addendum workflows

Common plan features and starting prices for popular eSignature vendors; signNow appears first for comparison purposes.

	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	7-day free trial	Verify with vendor	Verify with vendor	Verify with vendor	Verify with vendor
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	Varies	Varies

Real-world examples of using digital addenda and reports

Practical examples show how online signatures and digital delivery simplify environmental due diligence across firms.

Martin Properties

Local brokerage standardised electronic addenda for inspections

Saved travel and signing time during remote deals
"I can process and execute all of these documents online with 100% compliance and built-in security," which streamlined closings and reduced processing delays.

Optica Ventures LLC

Mid-size investor used online workflows to collect consultant reports

Centralized report delivery to escrow and lenders
The interface is simple for internal teams and customers, improving transaction transparency and turnaround.

Practical tips for accurate and efficient completion

Follow consistency and documentation practices to reduce disputes and speed approvals.

Use precise dates and formats

Always enter deadlines as MM/DD/YYYY and confirm calendar alignment between parties to prevent inadvertent expiration of inspection or termination rights.

Name the report recipients

List specific recipients (buyer, buyer’s lender, title) to ensure timely review and prevent escrow delays.

Document access logistics

Specify hours, contact person, and any PPE or security requirements the consultant must follow when entering the property.

Preserve the audit trail

Use an eSignature platform that records timestamps, IP addresses, and a certificate of completion to prove execution history.

Frequently asked questions about TREC No. 28-2

Answers to common questions about use, signing, and electronic handling of the Environmental Assessment Addendum.

Need help? Contact support

Can the addendum be signed electronically?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and most state UETA statutes; ensure authentication and retention requirements are met.
When does the inspection period start?
The inspection period starts on the date specified in the addendum or as defined in the purchase contract; enter the start and end dates clearly using MM/DD/YYYY.
Who pays for additional testing?
The addendum should expressly state whether buyer or seller pays for follow-up sampling; absent clear language, parties may dispute responsibility during remediation.
Is notarization or recording necessary?
Most addenda do not require notarization to be enforceable, but recording or notarization rules vary by state and document type; verify local recording requirements before filing.
What if the seller denies access?
If access is denied, review contract remedies and termination rights; document communications and consult counsel if denial breaches agreed access terms.
How long should I keep the report?
Retain the executed addendum and reports for at least three years after closing or termination; longer retention may apply for tax or HIPAA reasons.

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