Addendum

TXR 1941 — Relocation Addendum

A TXR / Worldwide ERC addendum used when the seller is a relocation company (or its representative) that has acquired or will acquire the property in an employee relocation transaction. It substantially modifies the residential contract: the addendum controls over the contract; the contract is subject to the seller becoming the contractual owner; the buyer's prequalification is documented (a delivered qualification letter or an oral prequalification by a named lender); the seller chooses the closing agent and may choose the title underwriter; the property is sold AS IS with the buyer acknowledging the seller's limited knowledge and the disclosure documents; repairs follow a capped procedure (buyer's inspection reports and repair list within 10 days, dollar caps for wood-destroying insect and other repairs, seller's election to repair, credit or terminate); closing is the buyer's acceptance of the property; possession at closing and funding; prorations are final; no mediation; no termination option; oral acceptance is not binding until full execution; faxed signatures are binding.

Source: TXR
Form Number: 1941
Category: Addendum
Revised: March 1, 2021

Used For

Residential Sales

Form Outline

The TXR 1941 form is organized into the following sections:

  1. Property Identification
    "ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT ___" — one rule; repeated in the "Relocation Addendum concerning ___" running header on pages 2 and 3.
  2. A. ADDENDUM CONTROLS
    If any part of this addendum conflicts with a provision in the contract, this addendum will control. Pre-printed — no blanks.
  3. B. RELOCATION TRANSACTION
    Seller has or will acquire the Property in a relocation transaction and is not an occupant. Seller's obligations are SUBJECT to Seller becoming the contractual owner; if Seller is not or does not become the contractual owner on or before the Closing Date, the contract is null and void. Pre-printed — no blanks.
  4. C. PREQUALIFICATION LETTER
    If the contract is subject to Buyer obtaining Buyer Approval under the Third Party Financing Addendum: ❑ (1) Buyer has delivered to Seller a conditional qualification letter issued by a reputable lender; or ❑ (2) Buyer shall be orally pre-qualified, at no cost or obligation to Buyer, by ___ (lender's name and phone) which ❑ is ❑ is not Seller's affiliate.
  5. D. CLOSING AGENT
    Unless Buyer's lender requires otherwise, the closing will be conducted by a closing agent of Seller's choice. Pre-printed — no blanks.
  6. E. TITLE COMPANY & COMMITMENT
    If Seller pays for the Title Policy, Seller may choose the title underwriter (provided Buyer's lender does not object); the Property may be conveyed by a person other than Seller and a Commitment showing title in another name is not grounds for objection under Paragraph 6D. Pre-printed — no blanks.
  7. F. DISCLOSURE
    Buyer acknowledges the relocation nature of the sale, that Seller is not an occupant and has limited knowledge, the AS IS condition, receipt and understanding of the Disclosure Documents, and that no warranties were made except in writing; Buyer initials each document and signs the Disclosure Statement, does not rely on their accuracy, and executes a Disclosure Acknowledgement at closing. Repairs are governed exclusively by Paragraph G. Pre-printed — no blanks.
  8. G. REPAIRS
    (1) Not later than 10 days after the Effective Date Buyer may deliver inspection reports and a written repair list (or waives the right). (2) If the cost to repair does not exceed $___ for wood-destroying insect treatment and repairs and $___ for all other repairs, Seller (not later than 5 days before closing) elects to repair or to credit. (3) If the cost exceeds those amounts, Seller elects to repair, credit or terminate. (4) Seller is not liable for repair quality. (5) A credit releases Seller, is shown on the Closing Disclosure and is applied to Buyer's Expenses (or the Sales Price if the lender objects).
  9. H. CLOSING
    Closing and acceptance of the deed constitute Buyer's acknowledgement that the condition of the Property and its fixtures, equipment and personal property is acceptable; Seller has no further obligation after closing; by closing, Buyer waives all rights against Seller concerning the condition of the Property (survives closing). Pre-printed — no blanks (the underlined sentence is print).
  10. I. POSSESSION
    Notwithstanding Paragraph 10 of the contract, possession is delivered upon closing and funding; Buyer may not occupy before then. Pre-printed — no blanks.
  11. J. FINALITY OF PRORATIONS
    Notwithstanding Paragraph 13, prorations made at closing are final and not adjustable except to correct calculation errors. Pre-printed — no blanks.
  12. K. NO MEDIATION
    Notwithstanding Paragraph 16, any dispute involving Seller related to this contract will not be submitted to mediation. Pre-printed — no blanks.
  13. L. NO OPTION
    Buyer's Termination Option under Paragraph 5 does not apply and every reference to it is struck. Pre-printed — no blanks.
  14. M. ACCEPTANCE OF OFFER
    Seller may have orally accepted; Buyer permits Seller's broker to deposit the earnest money; no binding agreement exists until the contract is fully executed by Seller and notice of final acceptance is given to Buyer or Buyer's broker. Pre-printed — no blanks.
  15. N. FAXES
    Facsimile transmittals of signed documents are binding; originals follow at Seller's request; neither party may assert fax transmittal as a defense. Pre-printed — no blanks.
  16. O. SPECIAL PROVISIONS
    "(Inquire with the listing agent if the relocation company requires company-specific provisions.)" — the paper prints NO blank lines here; company-specific provisions come as the relocation company's own attachment.
  17. P. CONSULT AN ATTORNEY
    License holders may not give legal advice; read the addendum carefully and consult an attorney before signing. Pre-printed — no blanks.
  18. Signatures
    Page 3: two "Buyer … Date" rules (left) and two "Seller … Date" rules (right) — e-sign tabs. Pages 1 and 2 carry the "Initialed for Identification by Buyer ___, ___ Seller ___, ___" footer (initial tabs).

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