Texas Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Texas transactions, plus a plain-English summary of what Texas law expects in a residential purchase contract. Free PDF, no signup required.
Texas Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Texas Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Texas residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Seller's Disclosure of Property Condition Verbatim language required
Tex. Prop. Code § 5.008
Seller of single-family residential property must deliver the statutory seller's disclosure notice on or before the effective date of the contract; if late/never delivered, buyer may terminate for any reason within 7 days of receipt (or any time before closing if never delivered); statutory form prescribed 'substantially similar'; exemptions in § 5.008(e) (foreclosure, bankruptcy trustee, fiduciary, co-owner, spouse/lineal, new homes from builders, etc.).
Applies to: single dwelling unit residential resales (exemptions in 5.008(e))
Equitable interest / wholesaling disclosure (license exemption condition)
Tex. Occ. Code § 1101.0045 (S.B. 2212, eff. 9/1/2017)
An unlicensed person may sell an option or assign a purchase contract only if it does not amount to brokerage AND the person discloses in writing the nature of the equitable interest to any seller or potential buyer; selling/assigning without that disclosure IS unlicensed brokerage.
Applies to: any sale of option / assignment of purchase contract by unlicensed person
Equitable interest disclosure (Property Code counterpart)
Tex. Prop. Code § 5.0205 (former § 5.086, redesignated and expanded eff. 1/1/2024, 88th Leg.)
Before entering into the contract, a person selling an option or assigning a contract interest must disclose in writing (1) to any potential buyer that the person is selling only an option or assigning an interest and does not have legal title, and (2) to the property owner that the person intends to sell an option or assign the contract.
Applies to: any sale of option / assignment of purchase contract
MUD / water district Notice to Purchasers Verbatim language required
Tex. Water Code §§ 49.452, 49.4521
If the property is in a municipal utility district or similar water district, seller must give the statutorily prescribed, signed Notice to Purchasers (district tax rate, bonded debt, standby fees) before the contract is executed or as an executed addendum; buyer may terminate up to and including closing if omitted; form text varies by district status (in city / ETJ / neither) and must be completed from the district's recorded information form.
Applies to: property within a Water Code ch. 49 district (MUD, WCID, etc.)
Public Improvement District (PID) notice Verbatim language required
Tex. Prop. Code § 5.014 (as amended by H.B. 1543, eff. 9/1/2021)
Seller of residential property in a PID must deliver the prescribed PID assessment notice before contract execution (or as executed addendum) and again at closing for recording; buyer termination rights if omitted.
Applies to: residential property within a public improvement district
Federal lead-based paint disclosure Verbatim language required
42 U.S.C. § 4852d; 40 C.F.R. § 745.113
Pre-1978 housing: verbatim federal Lead Warning Statement plus disclosure/acknowledgment block required in or attached to the contract.
Applies to: pre-1978 residential dwellings
Texas Regulates Wholesaling
Tex. Occ. Code § 1101.0045; Tex. Prop. Code § 5.0205 (former § 5.086; redesignated/expanded eff. 1/1/2024)
Disclosure regime, not licensing: unlicensed wholesaler must disclose in writing the nature of the equitable interest to any seller or potential buyer (Occ. Code) and, since 1/1/2024, must also notify the property OWNER of intent to sell the option/assign the contract before contracting (Prop. Code 5.0205). Failure converts the activity into unlicensed brokerage (TREC enforcement, fee disgorgement/DTPA exposure). No prescribed magic words - substance must be in writing before contract.
See how Texas compares in our wholesaling laws by state table.
Texas Closing Practice at a Glance
| Deed convention | General warranty deed (special warranty common in investor/REO deals); deeds customarily prepared by Texas-licensed attorneys (document preparation by non-attorneys is UPL) |
| Transfer tax | none |
| Customary payer | n-a |
| Attorney closing | Attorney not required for a typical closing. Title company/escrow closing state, but conveyance documents (deeds, notes, deeds of trust) are customarily prepared by attorneys due to UPL rules; TREC-promulgated contract forms are mandatory for license holders (22 TAC § 537.11) though principals buying/selling for themselves may use their own contracts. |
| Witness and notary | Deeds must be acknowledged before a notary OR proved by two subscribing witnesses to be recorded (Tex. Prop. Code § 12.001); universal practice is notary acknowledgment, no witnesses. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Texas attorney before use. Read the full disclaimer.
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