Addendum

TREC 11-9 — Addendum for "Back-Up" Contract

This addendum makes the contract a back-up contract, contingent on the termination of an earlier contract (the First Contract) for the same property. The back-up contract is binding when signed and the earnest money and option fee are paid as usual, but neither party must otherwise perform until the First Contract terminates; if it has not terminated by the stated date, the back-up contract terminates and the earnest money is refunded. When Seller notifies Buyer that the First Contract has terminated, that date becomes the Amended Effective Date, which starts the deadline for any additional earnest money and additional option fee.

Source: TREC
Form Number: 11-9
Category: Addendum
Revised: May 4, 2026

Used For

Residential Sales, Farm & Ranch, Vacant Land

Form Outline

The TREC 11-9 form is organized into the following sections:

  1. Header and Property Identification
    Links the addendum to the main purchase contract by property address and establishes that this is a TREC-promulgated back-up contract addendum.
  2. Binding Contract and Earnest Money / Option Fee Payments
    The back-up contract becomes binding when both parties sign. Earnest money and option fees are paid in two stages: initial amounts per Paragraph 5 of the contract at execution, and additional amounts within a set number of days after the Amended Effective Date.
  3. Weekend and Holiday Extension for Additional Payments
    Weekend/holiday extension for the additional deposits. 'Legal Holiday' is now a defined term (capitalized) matching the definition added to Paragraph 5A(2) of the 2026 contracts: the holidays described in Sections 662.003(a) and 662.003(b)(4) and (6), Texas Government Code.
  4. Application of Funds Received Under A(2)
    Establishes the order in which the escrow agent applies funds received: first to the additional option fee, then to the additional earnest money. This ensures the buyer's option period rights are preserved if only a partial payment is received.
  5. Release of Additional Option Fee to Seller
    Authorizes immediate release of the additional option fee to the seller without buyer's further consent, mirroring the treatment of the original option fee. The additional option fee is credited toward the purchase price at closing.
  6. Failure to Timely Deliver Additional Earnest Money
    Defines the seller's remedies if the buyer fails to timely deliver additional earnest money: the seller may terminate the contract or pursue remedies under Paragraph 15, but only if the seller provides notice before the buyer cures the default by delivering the money.
  7. Failure to Timely Deliver Additional Option Fee
    Specifies that failure to timely deliver the additional option fee does not terminate the contract, but the buyer loses the unrestricted right to terminate under Paragraph 5(B). The contract remains binding without the termination option.
  8. Contingency on First Contract Termination
    Establishes the core contingency: the back-up contract is contingent on termination of the First Contract. Neither party must perform under the back-up contract while the First Contract remains active, except for obligations specifically required by this addendum (such as initial earnest money delivery).
  9. Termination Deadline and Amended Effective Date
    If the First Contract has not terminated by the stated deadline, the Back-Up Contract terminates automatically with earnest money refunded to Buyer. KEY 2026 CHANGE: the Amended Effective Date is now the date the SELLER DELIVERS the notice of termination of the First Contract to the Buyer — under 11-8 it was the date the Buyer RECEIVED the notice. All performance periods keyed to the Amended Effective Date start from delivery.
  10. Amendment of First Contract Does Not Terminate It
    Clarifies that amending or modifying the First Contract does not count as termination. The back-up buyer cannot claim the First Contract has terminated simply because the first buyer and seller amended their deal terms.
  11. Option Period Timing for Back-Up Buyer
    Defines how the buyer's option period works in a back-up contract scenario. The option period clock starts running on the original Effective Date (when the back-up contract is signed), survives through the Amended Effective Date, and expires per the original option period terms. The option period does NOT restart on the Amended Effective Date.
  12. Time Is of the Essence
    Declares that all deadlines in this addendum must be strictly observed. Late performance is not acceptable and may trigger the consequences specified in the addendum.
  13. Signatures
    Provides signature blocks for all buyers and sellers, plus initial lines on each page for identification purposes.

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