Key Takeaways

  • Addenda are additional forms attached to modify or supplement the contract for specific situations
  • The Third Party Financing Addendum is required when the buyer is obtaining a loan (conventional, FHA, VA)
  • The Seller's Disclosure of Property Condition is not an addendum but a required disclosure form
  • The Addendum for Property Subject to Mandatory Membership is used for HOA properties
  • Each addendum must be checked or referenced in the main contract to be effective
Last updated: January 2026

Common Addenda

TREC promulgates addenda that supplement the main contract for specific situations. These are used in addition to (not instead of) the main contract form.

Most Common Addenda

Third Party Financing Addendum

Used when the buyer is obtaining a loan:

FieldPurpose
Loan typeConventional, FHA, VA, USDA
Loan amountMaximum amount of financing
Interest rateMaximum rate buyer will accept
Loan periodTerm of loan (usually 30 years)
Financing deadlineDays to obtain financing approval

Key Contingency: If buyer cannot obtain financing on the specified terms, buyer may terminate and receive earnest money refund.

Addendum for Sale of Other Property by Buyer

Used when buyer must sell another property first:

ProvisionPurpose
Property addressBuyer's property to be sold
Waiver deadlineDate seller can demand removal
Right to continue marketingSeller can accept backup offers

Kick-out clause: Seller can require buyer to waive contingency or terminate.

Addendum for Back-Up Contract

Used when property is already under contract:

  • Buyer knows property is under contract
  • Becomes effective only if first contract terminates
  • Earnest money typically held until first contract status changes

Addendum for Property Subject to Mandatory Membership

Used for HOA (Homeowner Association) properties:

DisclosureRequirement
HOA feesCurrent and projected assessments
DocumentsBuyer's right to receive HOA docs
TerminationBuyer may terminate within specified days
RestrictionsBuyer acknowledges restrictions

Seller Financing Addendum

Used when the seller is providing financing:

TermDescription
Loan amountPrincipal balance
Interest rateRate charged by seller
TermLength of loan
Monthly paymentP&I amount
Due dateBalloon payment date (if any)

Addendum for Coastal Area Property

Required for properties in coastal areas:

  • Discloses erosion and flood risks
  • Explains Dune Protection Line
  • Buyer acknowledges coastal hazards

Non-Promulgated Forms Used With Contract

FormPurpose
Seller's DisclosureProperty condition disclosure
Lead-Based Paint AddendumPre-1978 homes (federal requirement)
Information About Brokerage ServicesAgency disclosure
MUD DisclosureMunicipal Utility District info

How Addenda Modify the Contract

PrincipleExplanation
Addenda supersedeAddendum terms override conflicting contract terms
Must be referencedCheck box in contract or list in Special Provisions
Same executionMust be signed by all parties
Part of contractBecomes integral part of agreement
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Common TREC Addenda
Test Your Knowledge

Which TREC addendum is required when a buyer is obtaining a mortgage loan?

A
B
C
D
Test Your Knowledge

When an addendum conflicts with the main contract, which takes precedence?

A
B
C
D