What Buyers and Sellers Need to Know

If you're buying or selling a condo in Texas, you're going to hear about the Residential Condominium Contract (Resale) — officially known as TREC Form 30-17. Updated in November 2024, this form is specifically designed for resale transactions of condo units (not new construction or townhomes).

Unlike the standard One to Four Family contract, this form includes additional considerations that come with shared walls, associations, and common elements. Let’s break down the essentials so you’re not blindsided by surprises during your condo transaction.

🧾 What's Different About the Condo Contract?

Here are the top things that set this contract apart from the standard Texas home contract:

1️⃣ It Covers More Than Just the Unit

You’re not just buying four walls and a ceiling — you’re also buying:

  • A percentage of the common areas (hallways, pools, roofs, garages, etc.)
  • Possibly Limited Common Elements (like your own balcony or reserved parking spot)
  • Shared obligations with the HOA or COA (condo owners' association)

This contract spells that out clearly and ties your purchase to the governing Condominium Declaration.

2️⃣ Mandatory Disclosures: Condo Docs & Resale Certificate

You’ll need to receive and review two key documents:

  • 📘 The Condominium Documents – declaration, bylaws, and rules
  • 📄 The Resale Certificate – financials, fees, budget, and other must-knows

💡 Buyers have the right to terminate the contract within 7 days of receiving either set of documents.

3️⃣ Right of Refusal May Apply

Some condo communities give the HOA or other owners the first right of refusal to purchase a unit before an outside buyer can. This clause delays the “effective date” until that right is waived — or not exercised. If this is in play it could delay your closing. 

4️⃣ Special Assessments

This contract specifies that unpaid special assessments must be covered by the seller, but reserves and pre-paid dues are not refunded. It’s crucial to review the financial health of the condo association.

5️⃣ Smart Devices & Access Rights

Just like in a traditional home, sellers are now required to hand over all smart home access — including codes, apps, passwords, and anything controlling locks, lights, or thermostats.

6️⃣ Earnest Money and Option Fee Rules Still Apply

Buyers have the same protections under the Option Period and Earnest Money terms — but time is tight. These must be delivered within 3 days, and the Option Period can be as short as the buyer negotiates. Missing deadlines could void rights.

💡 Tips for Buyers

  • Request the condo documents and resale certificate ASAP
  • Read the HOA rules before committing — especially for pets, short-term rentals, or exterior modifications
  • Confirm whether any major assessments are coming up (ask about roofs, parking lot repaving, etc.)

🧠 Tips for Sellers

  • Be prepared to pay for the Resale Certificate
  • Disclose any pending assessments or known violations
  • Provide access details for smart devices, parking, and any special keys or fobs

✅ Final Thoughts

Buying or selling a condo in Texas is very doable — it just comes with a few extra steps and documents. The updated TREC 30-17 contract makes it easier to follow, but it’s essential to have an agent who knows the fine print (and how to protect you).

If you’re thinking about making a move in Montgomery, Lake Conroe, DFW, or beyond — I’m here to help guide you through every detail.

⚖️ Disclaimer:

I am not an attorney, and this blog is not intended as legal advice. The information provided reflects my current understanding of the Texas Residential Condominium Contract (Resale), TREC Form 30-17. For specific legal guidance, please consult a licensed attorney.

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