Texas · TREC 52-1Texas fixture lease addendum (TREC 52-1): leased solar panels and more
When a Texas home has leased fixtures – solar panels, propane tanks, a water softener or a security system – the parties use TREC 52-1. It says which leases the buyer assumes, who pays the cost of assuming them, and whether the seller removes the rest before closing. If the buyer has not seen the leases, the seller delivers them within 5 days after the Effective Date and the buyer may terminate within 7 days after receiving them.
How the addendum works
Leased fixtures (¶A)
Fixtures the seller leases and does not own: solar panels, propane tanks, water softener, security system or others written in. All rights to them are governed by the fixture leases.
Assume or remove (¶A(1)–(2))
At closing the buyer assumes and the seller assigns the leases checked; the buyer pays the first amount written of the cost to assume, the seller the rest. Leases not assumed: the seller will or will not remove the fixtures before closing, repairing any damage.
Lease copies (¶B)
Already received – or the seller delivers copies within 5 days after the Effective Date and the buyer may terminate within 7 days after receiving them, earnest money refunded. Oral leases are disclosed with lessee, rent and term.
Liens (¶C)
At closing no liens or security interests may remain on leased fixtures except under leases the buyer assumes.
What the TC tracks
- Ask early whether solar panels or propane tanks are owned or leased – a UCC filing or lease can surface late in title.
- Lease copies within 5 days and the buyer's 7-day window after receipt.
- The lessor's assumption paperwork and credit check – start it early, it can take weeks.
- Who pays the assumption cost, as written in ¶A(1).
- The lender's view of leased solar panels – check with the loan officer.
Questions about leased solar panels and fixtures in Texas
Which TREC form is used for leased solar panels?
The Addendum Regarding Fixture Leases, TREC No. 52-1.
How long does the buyer have to review a solar lease in Texas?
If the buyer has not received it, the seller delivers it within 5 days after the Effective Date and the buyer may terminate within 7 days after receiving it.
Who pays to transfer a solar panel lease?
Under ¶A(1), the buyer pays the first amount written of the cost to assume the leases and the seller pays the remainder.
Can the seller remove leased fixtures before closing?
The addendum says whether the seller will or will not remove fixtures under leases the buyer does not assume, and the seller repairs any damage.
Does the addendum cover oral leases?
Yes. The seller identifies any oral fixture lease with the lessee's name, rent and term.
Texas forms
Add the 5-day lease delivery and the buyer's 7-day window as dated tasks on the deal in ClosingCode, with reminders.
Start free trialSource: Texas Real Estate Commission, TREC No. 52-1 Addendum Regarding Fixture Leases (11-07-2022, effective February 1, 2023), ¶A–C.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.