TREC No. 39-11

Amendment — Box by Box

Used after a contract is already in place, when Buyer and Seller agree to change one or more terms — sales price, repairs, closing date, option period, and more, translated into plain English.

The Big Idea Behind This Form

The Amendment is used after a contract is already in place, when Buyer and Seller agree to change one or more terms of that contract. The original contract stays in effect, except for the specific items changed here. You check each box that applies.

Box 2 — RepairsUse specific repair language, not vague terms like "fix inspection items."
Box 7 — Option ExtensionMake sure you record the additional option fee, the exact new date, AND the credit/no-credit choice — not just "extended 3 days."
Box 9 — Financing DeadlineDon't confuse the Buyer Approval deadline with the Option Period or the Closing Date — they are different rights.
Box 10 — Other ModificationsDon't use this as a catch-all for custom legal provisions — that's attorney territory.

Easy Cheat Sheet

The easiest way to remember the whole form, box by box:

1Sales Price
2Seller repairs/treatments
3Closing Date
4Seller contribution to Buyer's expenses
5Brokerage compensation contribution
6Who pays lender-required repairs
7Extend Option Period
8Buyer gives up Option Period
9Extend/change Buyer Approval financing deadline
10Another modification not covered above

Memory trick for the whole form: Price → Repairs → Closing → Closing Costs → Broker Contributions → Lender Repairs → Option Extension → Option Waiver → Financing Deadline → Other Changes. A unilateral request from one side doesn’t amend anything — the Amendment needs the agreement and signatures of both Buyer and Seller.

Page 1

Property, Sales Price, Repairs & Closing Date

Top of Form — Property Address

  • "TO CONTRACT CONCERNING THE PROPERTY AT ______" — enter the street address and city of the property under contract. Example: 123 Main Street, Houston, Texas.
  • This connects the Amendment to the correct original contract.

☐ (1) Change the Sales Price

  • Check this when Buyer and Seller agree to change the purchase price. Complete all three lines.
  • A. Cash portion $______ — the non-financed portion of the new sales price.
  • B. Financing $______ — the financing portion.
  • C. Sales Price $______ — must equal A + B.
Example: original price $400,000, renegotiated to $390,000 with $350,000 financing and $40,000 cash. Easy meaning: "We are replacing the old Paragraph 3 price with these new numbers."

☐ (2) Seller Agrees to Repairs or Treatments

  • Check this when Seller agrees to perform repairs/treatments in addition to anything already required by the contract, then write the agreed repairs in the blank.
  • Paragraph 7 of the original contract governs completion, documentation, and transfer of warranties for the work.
Be specific — instead of "Fix inspection items," write something like "Seller to have licensed HVAC contractor repair the non-functioning upstairs condenser and provide paid receipt prior to closing." Avoid vague phrases.

☐ (3) Change the Closing Date

  • "The date in Paragraph 9 of the contract is changed to ______, 20__" — the new closing date replacing the original one.
Example: original closing October 10, changed to October 17.
Page 1 (cont.)

Closing Costs, Broker Contributions & Lender Repairs

☐ (4) Change Seller's Contribution to Buyer's Expenses

  • Changes the amount in Paragraph 12A(1)(b). Fill in "changed to $______" — how much Seller now agrees to contribute toward Buyer’s allowable expenses/closing costs.
Example: original contribution $5,000, new agreed contribution $8,000 — enter $8,000. This is separate from brokerage compensation, which is handled in item (5).

☐ (5) Change Brokerage Compensation Contributions

  • Changes Paragraph 12B — check whichever subpart applies.
  • (1) Seller will pay — choose one: $______ or ______% of the Sales Price. This is Seller’s contribution toward brokerage compensation owed by Buyer to Buyer’s broker.
  • (2) Buyer will pay — choose one: $______ or ______% of Sales Price. This is Buyer’s contribution toward brokerage compensation owed by Seller to Seller’s broker.
This changes the contribution amount in the contract; it does not replace the parties’ separate written broker compensation agreements.

☐ (6) Lender-Required Repairs

  • Check this when the lender requires repairs/treatments and Buyer and Seller agree how the costs are divided. The repairs/treatments should be itemized on an attached list.
  • Fill in: $______ paid by Seller; $______ paid by Buyer.
Example: repairs total $4,000, Seller pays $3,000, Buyer pays $1,000.
Page 1 (cont.)

Option Period, Financing Deadline & Other Modifications

☐ (7) Extend the Option Period — an important section

  • Check this when Buyer and Seller agree to extend Buyer’s unrestricted right to terminate.
  • "Buyer has paid Seller an additional option fee of $______" — fill in the additional fee.
  • New deadline: "on or before 5:00 p.m. on ______, 20__" — the exact new date.
  • Then choose whether that additional fee ☐ WILL or ☐ WILL NOT be credited to the Sales Price.
This is NOT just "adding days" — the form specifically records the additional option fee, the exact new calendar date, the 5:00 p.m. deadline, and whether the extra fee is credited at closing. Example: extend from September 10 to September 13 at 5:00 p.m., for a $200 additional fee, deciding whether it’s credited.

☐ (8) Buyer Waives the Option Right

  • Check this when Buyer gives up the unrestricted right to terminate for which the option fee was paid.
Easy meaning: "Buyer is ending the Option Period protection early." Once waived, Buyer should not assume it can be revived just because the original deadline hasn’t passed.

☐ (9) Change the Buyer Approval Deadline

  • Applies when the Third Party Financing Addendum is part of the contract.
  • "The date for Buyer to give written notice that Buyer cannot obtain Buyer Approval is changed to ______, 20__" — the new financing-qualification deadline.
Keep separate from the Option Period: Option Period = unrestricted right to terminate; Buyer Approval period = financing qualification protection under the Third Party Financing Addendum. Different deadlines, different rights.

☐ (10) Other Modifications — the most dangerous box to use casually

  • For an agreed modification not already covered by boxes 1–9.
  • Real estate brokers and sales agents are prohibited from practicing law — a license holder should not draft custom legal clauses creating complicated rights or obligations.
  • If the modification requires legal wording, have a party or the party’s attorney draft the language.
A simple factual modification may be fine here. But something like "Seller guarantees foundation will never move and Buyer releases all future claims..." is attorney territory.

Executed Date & Signatures

  • "EXECUTED the ___ day of ______, 20___" — Broker fills in the date of final acceptance, not necessarily the date the first party signed.
  • Signature lines for Buyer, Buyer, Seller, Seller — the Amendment needs the agreement/signatures of the parties whose contract is being changed. One party wanting a change does not, by itself, amend the contract.

Want the original PDF handy?

Open the actual TREC form alongside this plain-English guide.

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