Texas · TREC 28-2Texas environmental assessment, species and wetlands addendum (TREC 28-2)
TREC 28-2 lets a Texas buyer, at its own expense, get an environmental assessment, a report on threatened or endangered species and their habitat (as defined by Texas Parks and Wildlife or the U.S. Fish and Wildlife Service), and a wetlands report. Within the days written after the Effective Date, the buyer may terminate by giving the seller a copy of any report that adversely affects the use of the property and a notice of termination – the earnest money is refunded.
What the addendum allows
Environmental assessment (¶A)
A report by an environmental specialist, at the buyer's expense.
Species (¶B)
A report from a natural resources professional on threatened or endangered species or their habitats, as defined by Texas Parks and Wildlife or the U.S. Fish and Wildlife Service.
Wetlands (¶C)
A report from an environmental specialist on wetlands as defined by federal or state law.
Termination
Within the days written after the Effective Date: a copy of the adverse report plus a notice of termination – earnest money refunded.
What the TC tracks
- The termination window counted from the Effective Date – it runs separately from the option period.
- Scheduling the specialists early; reports can take longer than the window.
- Delivery of both the report and the notice if the buyer terminates.
Questions about TREC 28-2
What is TREC 28-2 used for?
To give a Texas buyer time to obtain environmental, threatened or endangered species, and wetlands reports, with a right to terminate if a report adversely affects the property's use.
How does a buyer terminate under TREC 28-2?
By furnishing the seller a copy of the adverse report and a notice of termination within the days written after the Effective Date.
Who pays for the reports?
The buyer.
Does the buyer get the earnest money back under TREC 28-2?
Yes, upon termination the earnest money is refunded to the buyer.
Is TREC 28-2 the same as the option period?
No. It is a separate termination right tied to the reports; the option period is a separate, unrestricted right.
Texas forms
Add the 28-2 termination window as a dated task on the deal in ClosingCode, next to the option period.
Start free trialSource: Texas Real Estate Commission, TREC No. 28-2 Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum (12-05-11).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.