Addendum

TXR 1908 — Addendum for Sale of Other Property by Buyer

This addendum makes the purchase contract contingent upon the Buyer's receipt of proceeds from the sale of the Buyer's other property. It creates a structured process: the Buyer must sell their property by a specified deadline or the contract terminates. It also gives the Seller a 'kick-out' clause

Source: TXR
Form Number: 1908
Category: Addendum
Revised: December 5, 2011

Used For

Residential Sales, Farm & Ranch

Form Outline

The TXR 1908 form is organized into the following sections:

  1. Header and Property Identification
    Identifies the subject property and attaches this addendum to the main purchase contract.
  2. Sale Contingency
    Creates the sale contingency. The contract is contingent on the Buyer receiving proceeds from the sale of their other property by a specified deadline. If not satisfied or waived, the contract terminates automatically with earnest money refund.
  3. Seller's Kick-Out Clause
    Gives the Seller a 'kick-out' right. If the Seller accepts another written offer, the Seller can require the Buyer to waive the contingency within a specified number of days. If the Buyer does not waive, the contract terminates with earnest money refund.
  4. Waiver Requirements
    Defines how the Buyer waives the contingency: the Buyer must provide written notice AND deposit additional earnest money with the escrow agent. Both actions are required.
  5. Default After Waiver
    If the Buyer waives the contingency but then cannot close because they did not receive proceeds from their other property, the Buyer is in default. The Seller may exercise Paragraph 15 remedies (including keeping earnest money).
  6. Time is of the Essence
    All deadlines in this addendum require strict compliance. Time is of the essence.

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