Does TREC Promulgate Listing Agreements?

The distinction between TREC promulgated forms and private trade association forms is highly tested on the Texas state real estate licensing exam.

Why the Correct Option is Right

Option B is correct because TREC’s authority is centered on standard sales transactions. TREC has no promulgated listing agreements, buyer representation agreements, or property management agreements. To secure a listing, agents use forms created by the Texas Association of REALTORS® (TAR) or custom forms prepared by their firm’s attorney.

Why the Other Options are Traps

• Option A is a trap because a “Texas Standard Exclusive Right to Sell” is not a TREC-promulgated form.
• Options C and D are traps because TREC does not base its form promulgation on commercial status or transaction price thresholds for listing agreements.

The Exam Trap

A common test trap is: Which forms does TREC actually promulgate? TREC promulgates 6 primary sales contracts:

1. One to Four Family Residential Contract (Resale)
2. New Home Contract (Incomplete Construction)
3. New Home Contract (Completed Construction)
4. Residential Condominium Contract (Resale)
5. Farm and Ranch Contract
6. Unimproved Property Contract

Worked Texas Example

Scenario: Sponsoring Broker Maria is taking a listing for a residential home in El Paso. Sgreeing to remain compliant, she looks on the TREC website to download the mandatory promulgated listing agreement form. Outcome: Maria will not find one. Since TREC does not promulgate listing agreements, she must use the residential listing agreement form provided by her local board (Texas REALTORS®) or have her broker’s legal counsel draft a custom listing agreement form.