Contract

TXR 1609 — New Residential Condominium Contract (Incomplete Construction)

This contract is used for the sale and purchase of a new residential condominium unit where construction is NOT yet complete. It includes all the condominium-specific provisions of TXR 1608 plus additional construction-related provisions covering Construction Documents, cost adjustments for change o

Source: TXR
Form Number: 1609
Category: Contract
Revised: February 3, 2025

Used For

Residential Sales

Form Outline

The TXR 1609 form is organized into the following sections:

  1. Effective Date
    The date this contract becomes binding (final acceptance by the last party to sign). All deadlines on this contract calculate from this date — set it first so the wizard can show you the exact dates as you go.
  2. Parties
    Identifies the seller (declarant/builder) and buyer who are parties to the contract.
  3. Property and Condominium Information Statement
    Describes the condominium unit and what is included. Unlike TXR 1608, the property description references Construction Documents rather than listing accessories separately. Same Condominium Information Statement and right of refusal provisions as TXR 1608.
  4. Sales Price
    Same structure as TXR 1608: cash portion plus financing equals total sales price.
  5. Leases
    Covers leases affecting the property. Seller may not create new leases after the Effective Date without Buyer's consent. Natural resource lease delivery and termination provisions included.
  6. Earnest Money and Termination Option
    Identical to TXR 1608 -- establishes earnest money, option fee, escrow agent, and termination option provisions.
  7. Title Policy
    Title insurance provisions identical to TXR 1608, including 20-day commitment delivery, objection deadlines, 15-day cure period, and 11 statutory notice categories.
  8. Property Condition
    This is where TXR 1609 differs most from TXR 1608. Instead of As-Is acceptance or specific repairs, this section covers the Construction Documents (plans, specs, finish-out schedules, change orders, allowances), cost adjustment provisions, buyer's selection deadlines, and the substantial completion timeline. Seller must complete construction by a specified date.
  9. Brokers and Sales Agents
    Broker disclosure requirements and confirmation that fees are in separate agreements.
  10. Closing
    Sets the closing date and closing obligations. Identical structure to TXR 1608.
  11. Buyer's Possession
    Possession options and smart device transfer. Simplified vs. TXR 1608 -- both options on same checkbox line.
  12. Special Provisions
    Space for additional informational items. Agents must not draft legal provisions.
  13. Settlement and Other Expenses
    Closing cost allocation identical to TXR 1608.
  14. Prorations and Rollback Taxes
    Prorations identical to TXR 1608. Reserves not credited to Seller; special assessments are Seller's obligation.
  15. Casualty Loss
    Casualty loss provisions with a longer extension period (45 days vs. 15 days) reflecting the construction context. Common element casualty provisions identical to TXR 1608.
  16. Default
    Default remedies with 45-day extension for Seller performance issues (vs. 15 days in TXR 1608).
  17. Mediation, Attorney's Fees, Escrow, Representations, Federal Requirements, Notices, Agreement of Parties, Consult an Attorney
    These paragraphs are substantively identical to TXR 1608. The addenda checklist in Paragraph 22 is the same.
  18. Execution, Signatures, Broker Information, and Receipts
    Execution, Chapter 27 notice, signatures, broker info, and receipts -- same structure as TXR 1608. The Effective Date (date of final acceptance) is captured at the top of the wizard.

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