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Texas · §1101.555 · TREC 58-0Texas Notice to Prospective Buyer (TREC 58-0): the abstract or title policy advice

When an offer to purchase Texas real estate is signed, a license holder must advise each buyer in writing to have the abstract examined by an attorney of the buyer's choice or to be provided with or obtain a title insurance policy (Tex. Occ. Code §1101.555). The TREC promulgated contracts carry this advice in ¶6E(1). TREC form 58-0 delivers it when a contract not promulgated by TREC is used; it should be presented before the buyer signs an offer, and it also reminds the buyer of the utility district and public improvement district notices.

The rules

  1. The duty (§1101.555)

    When an offer is signed, the license holder advises each buyer in writing: have the abstract examined by an attorney chosen by the buyer, or be provided with or obtain a title insurance policy.

  2. Discipline (§1101.652(a)(29))

    Failing to give this written advice before closing is a ground for suspension or revocation of the license.

  3. TREC contracts (¶6E(1))

    The One to Four Family contract already contains it and adds that the title commitment should be promptly reviewed by the buyer's attorney because of the time limits on objections.

  4. Form 58-0

    Approved for use when the contract of sale is not promulgated by TREC. It should be presented before the prospective buyer signs an offer, and the buyer signs a receipt.

What else 58-0 says

  • Utility district: Chapter 49 of the Texas Water Code requires the buyer to sign and acknowledge the seller's statutory notice on tax rate, bonded indebtedness or standby fee.
  • Public improvement district: the seller must give the buyer written notice under Property Code §5.014.
  • TREC 58-0 replaces the older form OP-C.

What the TC tracks

  • On a non-TREC contract: 58-0 signed by the buyer, dated before the offer.
  • The title commitment delivery date and the objection deadline.
  • MUD and PID notices signed when the property is in a district.

Questions about the Texas notice to prospective buyer

What is the abstract or title policy notice in Texas?

A written advice required by Occupations Code §1101.555: when an offer is signed, the license holder tells each buyer to have the abstract examined by the buyer's attorney or to obtain a title insurance policy.

When is TREC form 58-0 used?

When the contract of sale is not promulgated by TREC. The TREC promulgated contracts carry the notice in ¶6E(1).

When should the notice to prospective buyer be given?

Form 58-0 should be presented before the prospective buyer signs an offer.

What happens if an agent does not give the notice?

Failing to advise the buyer in writing before closing is a ground for license suspension or revocation (§1101.652(a)(29)).

Does 58-0 cover MUD and PID notices?

It reminds the buyer that the Water Code requires the utility district notice and that the seller must give the public improvement district notice under Property Code §5.014.

Related guides

Keep the signed 58-0 with the deal documents in ClosingCode and set the title objection deadline as a task – it recalculates when the effective date changes.

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Source: Texas Occupations Code §§1101.555, 1101.652(a)(29) (statutes.capitol.texas.gov); TREC 58-0 and 20-19 ¶6E(1) (trec.texas.gov), read October 24, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.