As a Texas business and real estate attorney with over 12 years drafting and negotiating commercial transactions across the state, I’ve closed hundreds of deals using variations of the very contract I’m giving you today. Whether you’re a broker looking for a reliable commercial listing agreement Texas-compliant form or an investor needing a bulletproof Texas realtors commercial contract for purchase and sale, this SEO-optimized, attorney-reviewed template will save you thousands in legal fees.
Important Disclaimer: This article and the attached template are for informational purposes only and do not constitute legal advice. Always consult a licensed Texas attorney or real estate professional before executing any binding agreement.
Unlike residential transactions that rely heavily on the standardized TREC 1-4 family forms, Texas commercial real estate has no mandatory state-promulgated contract. This freedom gives parties flexibility but also creates risk if key provisions are overlooked. The most commonly used commercial purchase contract in Texas remains the one originally developed by the Texas Association of Realtors® (TAR Form 1801), often referred to as the Texas Realtors commercial contract.
Many brokers and investors, however, prefer customizable Word versions that can be tailored to industrial, retail, office, or land transactions. That’s exactly what I’ve provided below – a 2025-updated, plain-English template that mirrors TAR best practices while remaining fully editable.
Click here to download the free Texas Commercial Real Estate Contract Template (DOCX)
This 18-page template includes every critical section I use in my own practice:
Many clients also request my commercial listing agreement Texas template. I’ve included that as a bonus inside the same download package. The listing agreement is drafted to comply with Texas Real Estate License Act §535.2 and includes protected-period tail coverage, marketing obligations, and commission split options.
| Issue | Residential (TREC) | Commercial (Custom/TAR) |
|---|---|---|
| Form Requirement | Mandatory promulgated forms | No mandatory form – fully negotiable |
| Financing Contingency | Automatic Third Party Financing Addendum | Usually “as-is” or hard contingency only if negotiated |
| Property Condition | Seller’s Disclosure required | “As-Is” standard; no statutory disclosure |
| Survey | New survey objection option | Buyer typically orders and pays ALTA survey |
| Termination Option | Standard option fee | Rarely used in commercial |
From my decade-plus closing deals in Dallas, Houston, Austin, and San Antonio, here are the clauses I never omit:
Attach Exhibit A (legal description) and Exhibit B (personal property/included items). Vague metes-and-bounds or “see tax records” language has killed more deals than you’d believe.
Texas courts strongly enforce “as-is” clauses (see Prudential Ins. Co. v. Jefferson Associates, Ltd., 896 S.W.2d 156 (Tex. 1995)), but sophisticated buyers still demand limited reps on environmental, litigation, and leases in place.
Give buyer 15-20 days to object to Schedule B exceptions. Reference the GF number so everyone knows exactly which commitment you’re reviewing.
Mirror TAR language: if buyer obtains a new survey revealing objections, seller has right to cure or buyer may terminate and receive earnest money back.
IRS Rev. Proc. 2005-14 safe harbors require specific language. My template includes non-taxable boilerplate that satisfies both buyer and seller QI requirements (see IRS.gov Topic No. 701).
Clearly state whether buyer gets insurance proceeds or may terminate if damage exceeds an agreed threshold (usually 5-10% of purchase price).
Specify which reps and warranties survive closing and for how long (typically 6-12 months for non-environmental, longer for title).
When using my bonus commercial listing agreement Texas template, pay special attention to:
Do I have to use the official TAR commercial form?
No. TAR Form 1801 is copyrighted and costs money for non-members. The template I provide achieves the same legal result and is free.
Is the earnest money non-refundable in Texas commercial deals?
Only if the contract explicitly says so and the option period has expired. My template includes both options.
Can I record a memorandum of contract in Texas?
Yes, but most buyers prefer not to cloud title. Include an optional memorandum exhibit if needed.
Does Texas have a commercial seller disclosure statute?
No (Tex. Prop. Code §5.008 only applies to residential). Commercial is truly “buyer beware.”
In my 12+ years of practice, the single biggest source of litigation I see is poorly drafted or incomplete commercial contracts. The free Texas realtors commercial contract and commercial listing agreement Texas templates I’ve shared today incorporate every lesson I’ve learned from those disputes.
Download them, customize them with your attorney’s input, and close with confidence.
Download Your Free Texas Commercial Real Estate Contract + Listing Agreement Bundle Now
Have questions? Drop them in the comments below – I personally respond to every Texas-specific inquiry.
This article was last updated November 2025. All citations to IRS.gov and Texas statutes were current as of publication date.