Texas Forms Guide

Seller Financing Addendum Texas: The Complete TREC 26-8 Guide

Everything a Texas agent needs on the Seller Financing Addendum — when sellers actually carry the note, which contracts and addenda it pairs with, where legal and tax advice stop, and how RaiderX-sponsored agents fill, send, and file it without leaving the transaction file.

What Is the Seller Financing Addendum (TREC 26-8)?

The Seller Financing Addendum is a TREC-promulgated addendum — currently form TREC 26-8, rev. 2022-11-07 — used whenever the seller, rather than a bank or mortgage lender, agrees to carry some or all of the buyer's purchase financing. It's approved for use with residential sales, farm & ranch, and vacant land deal types, which is why it shows up most often in acreage, rural, and unimproved-land transactions where conventional lending is harder to secure.

Texas REALTORS® publishes an identical reprint as TXR 1914, also at rev. 2022-11-07. Whichever numbering your MLS or transaction system defaults to, the content and current version are the same — the important thing is confirming you're working from the latest revision rather than a stale copy saved on someone's desktop months or years ago.

At its core, the addendum frames the private note the seller is carrying: the amount being financed, how the promissory note and any deed of trust are referenced, and how the arrangement sits alongside the rest of the contract. It does not replace a promissory note or deed of trust — it works alongside those separate loan documents, and understanding that distinction before writing a seller-financed offer prevents a lot of downstream confusion at closing.

When Sellers Actually Carry the Note: Common Scenarios in Texas

Seller financing tends to surface in specific situations rather than everyday resales. Rural land and farm & ranch tracts are a classic case: many lenders won't finance raw acreage the way they finance a standard rooftop, so a seller willing to carry paper can be the difference between a deal closing and a deal dying at the financing contingency. Investor-to-investor resales are another common setting, particularly when the buyer plans a quick turn or renovation and doesn't want the timeline and underwriting friction of an institutional loan.

Vacant landFarm & ranch acreageInvestor-to-investor resalesBuyers with limited credit historyLand that won't appraise for a bank

How TREC 26-8 Fits Into the Rest of the Contract Package

TREC 26-8 / TXR 1914 — Seller Financing Addendum

The core addendum for residential sales, farm & ranch, and vacant land where the seller is carrying the note. Current rev. 2022-11-07 for both the TREC original and the TXR reprint.

TREC 40-11 / TXR 1901 — Third Party Financing Addendum

Use this instead of TREC 26-8 when the buyer is getting a conventional, FHA, VA, or other institutional loan — never attach both to describe the same financing.

TREC 41-3 / TXR 1919 — Loan Assumption Addendum

Applies when the buyer is assuming the seller's existing loan rather than the seller originating new financing — a different structure from seller-carried paper.

TREC 12-3 / TXR 1920 — Release of Liability on Assumed Loan / Restoration of VA Entitlement

Relevant alongside an assumption, particularly VA loans, where the seller wants to be released from liability and have entitlement restored.

TREC 44-3 — Addendum for Reservation of Oil, Gas, and Other Minerals

Common on farm & ranch and vacant land contracts carrying seller financing where the seller intends to reserve mineral rights — check whether it applies before closing.

What Agents Can (and Can't) Do With a Seller-Financed Deal

An agent's role with TREC 26-8 is to fill in the contract terms accurately and make sure the right form is attached to the right contract — not to draft the promissory note, structure interest terms, or advise on the tax treatment of installment sale income. Those are jobs for a real estate attorney, tax professional, or qualified loan-document service, and clients should be pointed there early, before the addendum terms get finalized.

Seller financing also raises questions — usury limits, balloon payment structuring, recording of the deed of trust or vendor's lien, and in some cases federal requirements under the SAFE Act or Dodd-Frank for sellers who finance multiple properties a year — that fall outside what a real estate license authorizes an agent to answer. Treat any specific question in these areas as a referral, not a conversation to have solo with a client.

The safest practice is to build the habit early: identify seller financing as soon as it comes up in a listing or offer conversation, get the client to an attorney or loan-document service before terms are locked, and keep the addendum itself focused on describing — not designing — the arrangement.

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Common Questions

Is the Seller Financing Addendum the same as a promissory note?

No. The Seller Financing Addendum (TREC 26-8) attaches to the sales contract and frames the terms of the arrangement, but the actual loan is documented in a separate promissory note and typically a deed of trust or vendor's lien. Those loan documents are usually prepared by an attorney or a qualified loan-document service, not by the real estate agent.

What's the difference between the Seller Financing Addendum and the Third Party Financing Addendum?

The Seller Financing Addendum (TREC 26-8) is used when the seller is carrying some or all of the financing. The Third Party Financing Addendum (TREC 40-11) is used when the buyer is obtaining a conventional, FHA, VA, or other institutional loan. They serve opposite financing scenarios and shouldn't both be attached to describe the same loan.

Which Texas contracts pair with the Seller Financing Addendum?

It's built for the deal types it lists — residential sales, farm & ranch, and vacant land — so it commonly pairs with the One to Four Family Residential Contract (Resale) (TREC 20-19), the Unimproved Property Contract (TREC 9-18), and the Farm and Ranch Contract (TREC 25-17).

Can an agent draft the terms of the seller-carried note?

No. Agents fill in the addendum's contract terms but should not draft promissory notes, structure interest or tax terms, or give legal or tax advice. Clients should be directed to a real estate attorney, tax professional, or qualified lender for the underlying loan documents.

Does the Seller Financing Addendum ever need to be paired with a mineral rights addendum?

On farm & ranch and vacant land deals, sellers carrying financing sometimes also want to reserve mineral rights, in which case the Addendum for Reservation of Oil, Gas, and Other Minerals (TREC 44-3) may also be attached. Whether it applies depends on the specific deal, and any mineral-reservation language should be reviewed alongside the rest of the contract package.

Does RaiderX take a cut of commission on seller-financed deals?

No. RaiderX never takes a share of any commission. Individual partners keep 100% of their commission for a flat monthly fee; agents sponsored under a team, LLC, or PMC have a split set by their leader or entity owner, but RaiderX itself never takes a percentage, regardless of how the deal is financed.

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