Texas · TREC 11-9Texas back-up contract addendum (TREC 11-9)
In Texas a back-up offer uses TREC 11-9, effective July 1, 2026. The back-up contract is binding when signed but contingent on the first contract terminating by a date written in the addendum; if it does not, the back-up terminates and the earnest money is refunded. When the seller notifies the back-up buyer that the first contract terminated, that date becomes the Amended Effective Date – and most deadlines run from it. An unrestricted option period, however, starts on the original Effective Date.
How the addendum works
Binding but contingent (¶G)
Binding upon execution, but contingent on the termination of the first contract. Until then neither party has to perform, except as the addendum provides.
Deadline for the first contract (¶H)
If the first contract does not terminate on or before the date written, the back-up contract terminates and the earnest money is refunded.
Amended Effective Date (¶H)
The seller must notify the buyer immediately when the first contract terminates. For performance, the Effective Date becomes the date the seller delivers that notice.
Amendments don't count (¶I)
An amendment or modification of the first contract does not terminate it.
Earnest money and option fee
At signing (¶A(1))
The buyer delivers the earnest money and option fee as in Paragraph 5 of the back-up contract.
Additional amounts (¶A(2))
Additional earnest money and an additional option fee can be due within the days written after the Amended Effective Date. A deadline on a Saturday, Sunday or legal holiday moves to the next day that is not.
Order and release (¶C–D)
Amounts received are applied first to the additional option fee; the escrow agent may release it to the seller without further notice, and it is credited to the price at closing.
If paid late (¶E–F)
Late additional earnest money: the seller may terminate or use its remedies until the buyer pays. Late additional option fee: the buyer loses the unrestricted right to terminate.
What the TC tracks
- The option period in a back-up contract starts on the original Effective Date and keeps running – it may expire before the first contract ends (¶J).
- The date by which the first contract must terminate – the back-up dies after it.
- The date the seller's termination notice is delivered: it is the Amended Effective Date for the other deadlines.
- The seller's notice on TREC 62-0 (Seller's Notice to Buyer of Removal of Contingency): it states the Amended Effective Date and has receipts for the additional option fee and earnest money.
- Additional earnest money and option fee due dates counted from the Amended Effective Date.
- Time is of the essence (¶K) – strict compliance.
Questions about the Texas back-up addendum
Which TREC form is used for a back-up offer?
The Addendum for “Back-Up” Contract, TREC No. 11-9, effective July 1, 2026.
When does the option period start in a Texas back-up contract?
On the Effective Date of the back-up contract – not the Amended Effective Date – and it continues until the unrestricted right to terminate expires.
What is the Amended Effective Date?
The date the seller delivers to the back-up buyer notice that the first contract terminated; deadlines for performance run from it.
What happens if the first contract does not terminate?
If it does not terminate by the date written in the addendum, the back-up contract terminates and the earnest money is refunded to the buyer.
Does amending the first contract end it?
No. An amendment or modification of the first contract does not terminate it.
Texas forms
When a back-up contract becomes primary, set the new Effective Date on the deal in ClosingCode – the contract deadlines counted from it are recomputed and the team is reminded before each one.
Start free trialSource: Texas Real Estate Commission, TREC No. 11-9 Addendum for “Back-Up” Contract (05-04-2026, effective July 1, 2026), ¶A–K; TREC No. 62-0 (05-04-2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.