Texas Real Estate Forms Manual (2nd Edition)

Texas Real Estate Forms Manual

Texas Real Estate Forms Manual (2nd Edition)

  • A project of the Real Estate Forms Committee, Richard L. Spencer, chair, and Denise Vargo Cheney, vice-chair
  • Instant Download! Digital Product Features
  • 3 volumes; loose-leaf
  • 2,362 pages
  • Includes supplementation through 2014
  • © 2011
  • $385.00

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Newly Updated! Texas Real Estate Forms Manual 2014 Supplement If you are already an owner of this book, click here to purchase the new 2014 supplement. Need more than one copy? The price for an individual license is only $40. Organized according to the step-by-step processes involved in real estate transactions, the Texas Real Estate Forms Manual provides guidance in preparing documents for a wide range of transactions and features practical commentary to aid the lawyer in adapting the forms to clients’ needs. The Texas Real Estate Forms Manual will enhance your practice, enabling you to assemble forms quickly and accurately. The Real Estate Forms Manual 2014 Supplement updates the manual to include changes made by the Texas Legislature and case law. The following material has also been updated:

  • risk allocation
  • home equity foreclosures
  • property owners associations and condominiums
  • federal lending regulations

Texas Real Estate Forms Manual digital product is included at no charge with purchase of the printed manual or may be purchased separately. The hyperlinked and word-searchable digital product contains the entire Texas Real Estate Forms Manual in PDF files. All tables of contents, practice notes, cross-references, and indexes are linked to substantive text within the file. Forms can be launched in Word format. The new version of the digital product contains a custom toolbar for Word forms that allow users to show, hide, print, and delete all instructional material. Other new features include prompts to facilitate completing the form. Texas and federal case and statute citations are linked to the case reports and main Code section cited via Casemaker Online.

FORMS

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A

Access and Due Diligence Agreement, 11-22
Acknowledgment by Foreign Service Officer, 3-30
Acknowledgment of Receipt of Condominium Documents, 62-8
Acknowledgment of Signature Affixed at Direction of Person with Disability, 3-34
ACORD 25 Certificate of Liability Insurance, 41-1
ACORD 28 Evidence of Commercial Property Insurance, 41-2
ACORD 45 Additional Interest Schedule, 41-3
Addendum to Security Agreement [Farm Products], 23-5
Additional Clauses for Contractual Mechanic’s Liens, 52-5
Additional Clauses for Deeds, 12-9
Additional Clauses for Deeds of Trust, 22-9
Additional Clauses for Deeds of Trust (Home Equity Loan), 25-4
Additional Clauses for Foreclosure Documents, 28-7
Additional Clauses for Leases, 71-10
Additional Clauses for Loan Agreements, 24-18
Additional Clauses for Promissory Notes, 21-6
[Administration/Guardianship] Deed, 12-14
Affidavit Claiming Mechanic’s and Materialman’s Lien, 53-4
Affidavit in Support of Petitioner’s Application for an Expedited Order Under Rule 736, 28-33
Affidavit of Acceptance, 52-4
Affidavit of Advancement, 28-18
Affidavit of Commencement, 51-5
Affidavit of Completion and Indemnity, 52-3
Affidavit of Debts and Liens [and Indemnity], 31-13
Affidavit of Facts Concerning Identity of Heirs, 81-1
Affidavit of Homestead, 24-9
Affidavit of Identity, 81-2
Affidavit of Interpreter, 3-36
Affidavit of Mailing, 28-9, 61-18
Affidavit of Marital Status, 81-3
Affidavit of Nonproduction, 81-4
Affidavit of Nonredemption, 61-20
Affidavit of Posting and Filing, 28-8
Agenda of Public Foreclosure Sale, 28-14
Agenda of Public Foreclosure Sale [Personal Property], 28-23
Agricultural Lease, 71-8
Alternative Payment Plan Agreement, 61-14
Application for an Expedited Order Under Rule 736 on a Home Equity, Reverse Mortgage, or Home Equity Line
of Credit Loan, 28-32
Application of Prepayment, 21-4
Appointment of Substitute Trustee[s] [Mortgagee], 28-10
Appointment of Substitute Trustee[s] [Mortgage Servicer], 28-11
Asbestos Disclosure Notice [Lease], 71-27
Asbestos Disclosure Notice [Sales], 11-8
Assignment and Assumption of Lease [Water Rights], 31-14
Assignment and Assumption of Leases, 12-21
Assignment of Rent, 24-5
Assumed [Business/Professional] Name Certificate for Incorporated Business or Profession, 81-5
Assumed [Business/Professional] Name Certificate for Unincorporated Business or Profession, 81-6

B

Bill of Sale, 12-16, 28-24
Blanket Bill of Sale, 12-15
Blanket Easement Agreement for Groundwater Rights [For Use with Groundwater Rights Warranty Deed (On
Site)], 31-3
Boundary Line Agreement and Special Warranty Deed, 81-7
Bylaws of [name of association] [, Inc.], 62-4
Bylaws of [name of property owners association] [, Inc.], 61-4

C

Certificate of Condominium Association’s Waiver of Right of First Refusal, 62-9
Certificate of Formation of [name of corporation], a Texas [For-Profit/Nonprofit] Corporation, 62-3
Certificate of Formation of [name of corporation], a Texas Nonprofit Corporation, 61-3
Certificate of Management, Control, and Disposition, 81-8
Certificate of Resolutions [Corporation], 81-9
Certificate of Resolutions [General Partnership], 81-10
Certificate of Resolutions [Limited Liability Company], 81-11
Certificate of Resolutions [Limited Partnership], 81-12
Certificate of Resolutions [Nonprofit Corporation], 81-13
Certificate of Resolutions [Unincorporated Association], 81-14
Certification of Trust, 24-20
Change Order, 51-6
Clauses Acknowledging Cash Advanced, 22-5
Clauses Extending Existing Liens, 22-4
Closing Instructions [from Borrower], 81-15
Closing Instructions [from Lender], 81-16
Closing Instructions [from Purchaser], 81-17
Closing Instructions [from Seller], 81-18
Collateral Note Maker’s Estoppel Certificate, 23-9
Collateral Transfer of Note and Lien, 23-8
Collection and Payment Agreement, 24-7
Community Interest Special Warranty Deed, 12-20
Conditional Final Release, 51-10
Conditional Partial Release During Construction, 51-8
Condominium Information Statement [name of condominium], a Condominium, 62-2
Consent and Agreement, 23-18
Consent Resolutions, 24-6
Consent to Leasehold Deed of Trust, 22-11
Consideration Clauses, 12-6
Contractor’s Disbursement Disclosure for Residential Construction (Consumer-Owned), 51-3
Contractor’s Disclosure Statement for Residential Construction, 51-1
Contractor’s List of Subcontractors and Suppliers, 51-2
Correction Instrument [Nonmaterial Correction], 12-24
Cover Letter Sending Copy of Lien Affidavit, 53-5

D

Debtor’s Consent to Acceptance of Collateral, 28-21
Declaration in Support of Petitioner’s Application for an Expedited Order Under Rule 736, 28-34
Declaration of [name of condominium], a Condominium, 62-1
Declaration of Nonforeign Status—Entity, 81-26
Declaration of Nonforeign Status—Individual, 81-27
Declaration of Restrictive Covenants of the [name of subdivision] Subdivision [without Property Owners
Association], 61-2
Declaration of Restrictive Covenants of the [name of subdivision] Subdivision [with Property Owners
Association], 61-1
Deed in Lieu of Foreclosure, 12-13
Deed of Trust, 22-1
Deed of Trust [Home Equity Loan], 25-3
Deed of Trust and Security Agreement [Water Rights], 31-21
Deed of Trust to Secure Assumption, 22-2
Deed without Warranty, 12-4, 61-6
Default Order, 28-37
Demand to Pay Proceeds of Rent, 28-38
Designation of Homestead, 81-33
Designation of Homestead and Affidavit of Nonhomestead, 24-8
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards [Lease], 71-26
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards [Sales], 11-7
Dispossession or Termination Letter, 71-22
Document Components: Cooperative, 3-26
Document Components: Corporation, 3-15
Document Components: Custodian for Minor under Uniform Transfers to Minors Act, 3-23
Document Components: Decedent’s Estate by Personal Representative Also Signing Individually, 3-21
Document Components: Decedent’s Estate—Personal Representative, 3-20
Document Components: Entity, 3-24
Document Components: Entity with Assumed Name, 3-25
Document Components: General Partnership—Composition of Partners, 3-10
Document Components: General Partnership—Individual Partner, 3-9
Document Components: Guardian for Ward, 3-22
Document Components: Joint Venture—Composition of Venturers, 3-14
Document Components: Joint Venture—Individual Venturer, 3-13
Document Components: Limited Partnership—Entity General Partner, 3-12
Document Components: Limited Partnership—Individual General Partner, 3-11
Document Components: Married Person—Separate Property, 3-6
Document Components: Multiple Persons—Nonhomestead, 3-4
Document Components: Natural Person—Assumed Name, 3-7
Document Components: Natural Person by Attorney-in-Fact, 3-8
Document Components: Natural Person—Nonhomestead, 3-3
Document Components: Nonprofit Corporation, 3-16
Document Components: Single Person, 3-1
Document Components: Spouses, 3-2
Document Components: Spouses—Nonhomestead, 3-5
Document Components: Trustee—Entity, 3-18
Document Components: Trustee—Individual, 3-17
Document Components: Trustee—Testamentary, 3-19
Document Components: Unincorporated Association—Statement of Authority, 3-27
Document Components: Unincorporated Association—Trustees, 3-28

E

Easement Agreement for Access, 81-19
Easement Agreement for Reciprocal Access, 81-20
Easement Location Addendum, 31-4
Election Regarding Right of Rescission, 25-6, 52-8
Escrow Agreement, 81-22
Exceptions to Conveyance and Warranty, 12-8
Expansion Space Rider, 71-11
Extension Option Rider, 71-12

F

[Final] Bills-Paid Affidavit, 51-12
Foreclosure Affidavit, 28-16

G

General Warranty Deed, 12-1
Grantee’s Acceptance of Deed, 12-10
Grazing Lease, 71-9
Groundwater Rights Sales Contract [For Sale of Groundwater Rights in Place for On-Site Production If Seller
Owns Groundwater and Surface Estate], 31-1
Groundwater Rights Sales Contract [For Sale of Permitted Groundwater Rights for Off-Site Production], 31-9
Groundwater Rights Warranty Deed [For Sale of Permitted Groundwater Rights for Off-Site Production], 31-10
Groundwater Rights Warranty Deed [For Use If Grantor Owns Both Groundwater and Surface Estate], 31-2
Guaranty, 24-15, 71-18
Guidelines for Alternative Payment Plans, 61-13

H

Home Equity Compliance Certificate and Agreement, 25-5
Home Equity Extension of Credit [Promissory Note], 25-2
Home Improvement Closing Certificate, 52-7
Homestead Affidavit as Release of Judgment Lien, 81-28
Hunting Lease, 71-7

I

Important Notice to Borrowers Related to Your Reverse Mortgage, 25-7
Industrial Lease, 71-6
Insurance Addendum to Lease [Long Form], 71-34
Insurance Addendum to Lease [Short Form], 71-35
Insurance and Indemnity Agreement, 22-12
Insurance Notice to Applicant, 24-16
IRS Notice Letter, 28-19

J

Jurat, 3-35

L

Landlord’s Lien Waiver, 71-20
Lease [Basic], 71-1
Lease Assignment, 71-15
Leasehold Deed of Trust, 22-10
Lender’s Estoppel Certificate, 24-10
Lessee Estoppel Certificate [Water Rights], 31-15
Letter Declining Representation, 1-1
Letter Detailing Basic Engagement Agreement and Fee Agreement, 1-8
Letter Detailing Basic Engagement Agreement and Fee Agreement for Simple Matters, 1-10
Letter Detailing Ongoing Engagement Agreement and Fee Agreement, 1-9
Letter Disclosing and Requesting Waiver of Potential Conflict for Multiple Representation of Title Company
and Third Party, 1-3
Letter Disclosing and Requesting Waiver of Potential Conflict with Current Client, 1-2
Letter Disclosing and Requesting Waiver of Potential Conflict with Former Client, 1-4
Letter Disclosing Potential Risks and Requesting Consent of Individual Partners to Representation of
Partnership, 1-5
Letter Disclosing Potential Risks and Requesting Consent to Representation of Corporate Entity, 1-6
Letter for Completion of Attorney-Client Relationship, 1-14
Letter of Intent, 11-3
Letter Requesting Client’s Consent to Business Relationship with Attorney, 1-11
Letter Requesting Consent to Intermediary and Outlining Fee Agreement, 1-7
Letter Terminating Attorney-Client Relationship, 1-13
Letter to Reinstate Default Provisions, 28-1
Lienholder Consent and Subordination to Easement Agreement, 31-7
Lienholder’s Subordination to Oil, Gas, and Mineral Lease, 24-11
Lis Pendens, 81-35
Listing Agreement [Exclusive Agency], 81-23
Listing Agreement [Exclusive Right to Sell], 81-24
Listing Agreement [Open Listing], 81-25
Listing of Potential Buyers, Commission Merchants, and Selling Agents, 23-7
Loan Agreement, 24-17
Lockout Notice, 71-23

M

Management Certificate, 61-7, 62-5
Manufactured-Home Community Disclosure, 71-30
Manufactured-Home Community Lease, 71-29
Mechanic’s Lien Contract, 52-1
Mechanic’s Lien Note, 52-2
Memorandum of Contract, 31-16
Memorandum of Groundwater Loan [For Use with Edwards Aquifer Authority], 31-23
Memorandum of Lease, 71-33
Memorandum of Option, 11-24
Memorandum of Private Foreclosure Sale, 28-29
Military Acknowledgment, 3-31
Military Status Declaration, 28-36
Modification and Extension Agreement, 24-4
Modification of Lease, 71-31

N

New Home Closing Certificate, 52-6
Nonrepresentation Letter When Representing Lender or Title Company, 1-12
Notice Concerning Extensions of Credit, 25-1
Notice for Unimproved Property in a Certificated Service Area of a Utility Service Provider, 11-16
Notice from Lender’s Attorney to Borrower, 24-12
Notice of Acceleration, 28-5
Notice of Acceleration [Home Equity Loan], 28-31
Notice of Advancement and Demand for Payment, 28-17
Notice of Agreement Providing for Retainage, 53-7
Notice of Cancellation, 11-4
Notice of Change of Debtor’s Address, 28-2
Notice of Change of Locks, 71-24
Notice of Claim to Owner and Original Contractor, 53-2
Notice of Collection Agent Fees, 61-15
Notice of Default, 71-21
Notice of Default [Home Equity Loan], 28-30
Notice of Default and Intent to Accelerate, 28-4
Notice of Delinquency to Subordinate Lienholder, 61-16
Notice of Enforcement Action and Attorney’s Fees, 61-17
Notice of Final Agreement, 24-14
Notice of Foreclosure Sale, 61-19
Notice of Lender’s Interest in Water Rights and Permit, 31-24
Notice of Maturity and Demand for Payment, 28-3
Notice of Membership in Property Owners Association Concerning the Property at [street address and name
of residential community], 61-9
Notice of Obligation to Pay Public Improvement District Assessment to [name of municipality or county
levying assessment] Concerning the Property at [street address], 11-5
Notice of Our Plan to Sell Property, 28-27
Notice of Penalties for Making False or Misleading Written Statement (Pursuant to Section 343.105, Texas
Finance Code), 24-19
Notice of Retainage Agreement, 53-8
Notice of Strict Foreclosure, 28-25
Notice of Termination of Contract [Water Rights], 31-17
Notice of Termination of Work or Abandonment of Performance by Original Contractor or Owner, 53-15
Notice of Transfer of Security Deposit, 12-22
Notice of Trustee’s Sale [Mortgagee], 28-12
Notice of Trustee’s Sale [Mortgage Servicer], 28-13
Notice Regarding Insulation to Buyer of New Home, 11-6
Notice Regarding Possible Annexation, 11-15
Notice Regarding Possible Liability for Additional Taxes, 11-14
Notice Regarding Sale Subject to a Recorded Lien, 11-9
Notice Regarding Specially Fabricated Material[s], 53-6
Notice to Cosigner, 21-7
Notice to Original Contractor by Second-Tier Claimant, 53-1
Notice to Owner Regarding Liens against Homestead Property, 53-3
Notice to Purchaser[s], 61-8
Notice to Purchaser of Property Located in Certain Annexed Water Districts, 11-18
Notice to Purchaser of Property Seaward of Gulf Intracoastal Waterway, 11-13
Notice to Purchaser Regarding Coastal Area Property, 11-12
Notice to Purchaser Regarding Restrictive Covenants, 11-11
Notice to Purchaser that Property Is Located within the Area of the Alignment of a Transportation Project, 11-19
Notification of Disposition of Collateral, 28-28

O

Objection to Proposal to Accept Collateral in [Full/Partial] Satisfaction of Obligation, 28-26
Office Lease, 71-3
Option to Purchase [For Use with Real Estate Sales Contract], 11-23
Other Indebtedness Clauses, 22-6
Owelty of Partition Agreement, 12-12
Owelty of Partition Deed, 12-11
Owner Affidavit of Completion, 51-7

P

Parking Facility Rider to Office Lease, 71-4
Partial Release Clauses, 22-7
Partial Release of Judgment Lien, 81-30
Partial Release of Lien, 24-3
Partial Release of Lien [Water Rights Off-Site Production], 31-11
Partial Release of Lien [Water Rights On-Site Production], 31-8
Partial Release of Mechanic’s and Materialman’s Lien, 53-14
Partition Deed, 12-23
Payment Clauses, 21-2
Permittee’s Instruction Letter to Water Authority, 31-25
Permit Transfer Request, 31-12
[Posted] Notice of Public Sale, 28-22
Prenotification Statement [Notice of Security Interest], 23-6
Prepayment Clauses, 21-3
Promissory Note, 21-1
Property Condition Disclaimer, 81-31

Q

Quick Reference Guide to Disclosures—RESPA and Regulation X, 26-4
Quick Reference Guide to Disclosures—Truth in Lending Act and Regulation Z, 26-3
Quitclaim, 12-5

R

Real Estate Commission Rider, 71-28
Real Estate Sales Contract, 11-1
Record of Unit _____ of _________________________, a Condominium, 62-10
Records Production and Copying Policy, 61-12
Reinstatement Agreement, 28-6
Release of Collateral Transfer of Note and Lien, 24-21
Release of Judgment Lien, 81-29
Release of Lien, 24-2
Release of Mechanic’s and Materialman’s Lien, 53-13
Request for Copy of Affidavit of Completion, 53-12
Request for Information to Original Contractor, 53-10
Request for Information to Owner, 53-9
Request for Information to Subcontractor, 53-11
Required Information [Issued on [date]] Applicable to the Property Including Resale Certificate, 61-10
Resale Certificate, 62-6
Reservations from Conveyance, 12-7
Residential Construction Contract, 51-4
Residential Lease, 71-5
Restrictive Covenant Agreement, 61-11
Retail Lease, 71-2
Revocation of Power of Attorney, 81-34
Right of First Offer Agreement, 11-26
Right of First Refusal Agreement, 11-25
Rules of [name of condominium owners association] [, Inc.], 62-11
Rules of [name of property owners association] [, Inc.], 61-5

S

Second-Lien Clauses for Use with Subordinate Deeds of Trust, 22-8
Security Agreement [Accounts, Chattel Paper, General Intangibles, Commercial Tort Claims], 23-2
Security Agreement [Goods, Including Documents Covering Goods, Equipment, Inventory, Consumer Goods,
and Farm Products], 23-1
Security Agreement [Instruments, Investment Property], 23-3
Security Agreement [Interest in Noncorporate Entity], 23-4
Security Agreement [Water Rights], 31-22
Security for Payment, 21-5
Seller’s Disclosure of Property Condition, 11-21
Special Durable Power of Attorney for Real Estate Transactions, 81-32
Special Warranty Deed, 12-2
Statement of Subscribing Witness in Presence of Subscriber, 3-32
Statement of Subscribing Witness on Acknowledgment by Subscriber, 3-33
Statutory Form for Ordinary Certificate of Acknowledgment, 3-29
Storage Tanks Disclosure Provider, 11-10
Sublease, 71-19
Subordination, Attornment, and Nondisturbance Agreement, 71-13
Subordination of Lien, 24-13
Surface Damage Payment Addendum, 31-5
Surface Use Restrictions Addendum, 31-6
Surface Water Rights Conveyance—Conditional, 31-19
Surface Water Rights Conveyance—Unconditional, 31-20
Surface Water Rights Sales Contract, 31-18
Survivorship Agreement, 12-18
Survivorship Agreement for Community Property, 12-19

T

Tenant Estoppel Certificate, 71-17
Tenant Improvements Rider to Lease or Work Letter, 71-25
Tenant’s Acceptance Letter, 71-16
Tenant’s Subordination to Deed of Trust Lien, 71-14
Termination of Lease, 71-32
Title Company Receipt and Escrow Agreement, 11-2
Transfer of Escrow Funds [and Hazard Insurance Policy], 12-17
Transfer of Lien, 24-1
Trustee’s Deed [with Bill of Sale], 28-15
Truth-in-Lending Notice of Right of Rescission (Notice of Right to Cancel—General), 26-1
Truth-in-Lending Notice of Right of Rescission (Notice of Right to Cancel—Refinancing), 26-2

U

UCC1 (Financing Statement), 23-10
UCC1Ad (Financing Statement Addendum), 23-11
UCC1AP (Financing Statement Additional Party), 23-12
UCC3 (Financing Statement Amendment), 23-13
UCC3Ad (Financing Statement Amendment Addendum), 23-14
UCC3AP (Financing Statement Amendment Additional Party), 23-15
UCC5 (Information Statement), 23-16
UCC11 (Information Request), 23-17
Unconditional Partial Release During Construction, 51-9
Unconditional Release on Final Payment, 51-11
Utility District Notice, 11-17

V

Vendor’s Lien Clauses, 22-3

W

Waiver of Condominium Resale Certificate, 62-7
Waiver of Consumer Rights, 11-20
Waiver of Rights after Default, 28-20
Warranty Deed with Vendor’s Lien, 12-3

TABLE OF CONTENTS

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VOLUME 1
Letter from the President of the State Bar of Texas
Preface
Summary of Contents
How to Download this Manual
Introduction

1 Ethics and Professional Conduct
2 Laws Affecting Real Estate
3 Preparation, Execution, Proof, and Recording of Documents
4–10 reserved
11 Sales Contracts and Transaction Guide
12Deeds, Bills of Sale, and Other Transfers
13–20 reserved
21 Promissory Notes
22 Deeds of Trust
23 Security Agreements 

VOLUME 2
24 Ancillary Loan Documents
25 Home Equity Loan Documents
26 Federal Consumer Disclosure Documents
27 Residential Contracts for Deeds
28 Foreclosure Documents
29–30 reserved
31 Water Rights Conveyancing Documents
32–40 reserved
41 Risk Allocation: Indemnity, Waiver, and Insurance
42–50reserved 

VOLUME 3
51 Residential Construction Contract Documents
52 Contractual Mechanic’s Lien Documents
53 Involuntary Mechanic’s Lien Documents
54–60 reserved
61 Restrictive Covenants and Property Owners Associations 62 Condominium Documents
63–70 reserved
71 Leases
72–80 reserved
81 Miscellaneous Documents Appendix—Third-Party Legal Opinion

Letters
Statutes and Rules Cited
Cases Cited
Subject Index to Forms
List of Forms by Title
Subject Index

Additional Resources:

TREC Contract Forms