When Do You Need a TREC 39-11 Amendment?
An executed contract changes by written amendment. The 39-11 is the promulgated one, and it is ten checkboxes long.
The ten boxes
- (1) Sales price. Restates all of Paragraph 3: cash portion payable at closing, sum of the financing described in the contract, and the total.
- (2) Repairs and treatments. Additional to anything the contract already requires, at the seller's expense. The form prints a note that Paragraph 7 of the contract still governs completion, delivery of documentation, and transfer of warranties.
- (3) Closing date. Changes the date in Paragraph 9.
- (4) Buyer's Expenses cap. Changes the amount in Paragraph 12A(1)(b).
- (5) Brokerage compensation. Changes the Paragraph 12B contributions, either side, as a dollar amount or a percentage of the Sales Price.
- (6) Lender-required repairs. Splits the itemized cost between seller and buyer.
- (7) Option extension. The buyer has paid an additional option fee for an extension of the unrestricted right to terminate, to 5:00 p.m. on a stated date. A checkbox says whether that additional fee will or will not be credited to the Sales Price.
- (8) Option waiver. The buyer waives the unrestricted right to terminate for which the option fee was paid.
- (9) Financing notice date. Changes the date for the buyer to give written notice that Buyer Approval cannot be obtained under the Third Party Financing Addendum.
- (10) Other modifications. The form prints its own warning on that line: real estate brokers and sales agents are prohibited from practicing law.
It takes effect when both sides execute it
The 39-11 carries the same EXECUTED block as the contract, with the same instruction to the broker to fill in the date of final acceptance, and signature lines for buyer and seller. Until then, the dates on the original contract are the dates that are running.
That matters most for box (7). The right it extends is the unrestricted right created by ¶5B, and ¶5B ends on its own date at 5:00 p.m. with time of the essence under ¶5E.
What the 39-11 is not
It is not a termination notice. That is the TREC 38-8.
It is not an addendum. Addenda attach when the contract is executed and get checked on ¶22. The amendment changes a contract that is already executed.
It does not create a new contract or restart any clock other than the ones its checked boxes name.
Which revision is current
The current amendment is the 39-11, dated 05-04-2026, and its approval block states that it replaces TREC No. 39-10. Its boxes (4) and (5) point at Paragraph 12A(1)(b) and Paragraph 12B, which are the 20-19 numbering.
Stop counting days by hand
Drop your contract in at recontract.ai and every deadline computes itself: the Effective Date read off the execution block, the option period at 5:00 PM, the 3-day money window with the weekend rule already applied, the financing date off the 40-11, and the Closing Date. It is free, and the file is parsed in your browser.