Terminating a Texas Contract the Right Way

TREC 38-8 is the buyer's termination notice. The reason you check matters, and the clock is merciless.

The common exits

(1) Option period — unrestricted, but notice must REACH the seller by 5:00 PM on the final day
(2)/(3) Financing — Buyer or Property Approval failed under the 40-11, lender statement attached
(5) Seller's Disclosure — late or missing notice under ¶7B(2)
(7) Title objections — uncured by the end of the Cure Period

After the notice

The notice is not an election of remedies — the earnest-money release under ¶18 is a separate step. Send the release with the notice and save a round trip.

Educational only — not legal advice. TREC forms are for use by trained license holders; talk to your broker or an attorney about your specific transaction.

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