The TREC No. 33-2 form, promulgated by the Texas Real Estate Commission (TREC) on December 5, 2011, serves as an essential addendum for transactions involving coastal area property in Texas. This document specifically addresses the unique aspects of property that adjoins or shares a boundary with tidally influenced submerged lands of the state, highlighting the potential for boundary changes due to natural shifts. It underscores the importance for buyers and sellers to be aware of the property's status in relation to prior fill—defined areas of land created by adding soil or other solid materials to water-logged grounds—and the restrictions imposed by state law against constructing or placing structures over state-owned submerged lands without appropriate permission. Additionally, the form advises parties to seek legal counsel or guidance from knowledgeable sources to fully understand the implications these factors may have on the property in question. The form also provides guidance on where information regarding the applicable tide line can be obtained, further aiding parties in making informed decisions. It's important to note that this form, approved by TREC for use with similarly approved or promulgated contract forms, is intended for use by trained real estate licensees and is not meant for complex transactions, emphasizing its suitability for a specific range of real estate dealings in Texas's coastal areas.
| Question | Answer |
|---|---|
| Form Name | Form Trec No 33 2 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | trec addendum for coastal area property, transferor, purchaser, adequacy |
EQU AL H OU SI N G OPPORT U N I T Y
PROMULGATED BY THE TEXAS REAL ESTATE COMMI SSI ON ( TREC) |
12 - 05 - 11 |
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AD D EN D U M FOR
COASTAL AREA PROPERTY
( SECTI ON 33 . 135, TEXAS NATURAL RESOURCES CODE)
TO CON TRACT CO N CERN I N G TH E PROPERTY AT
( Addr ess of Pr oper t y )
N OTI CE REGARD I N G COASTAL AREA PROPERTY
1 . The r eal pr oper t y descr ibed in and subj ect t o t his cont r act adj oins and shares a com m on boundar y w it h t he t idally influenced subm er ged lands of t he st at e. The boundary is subj ect t o change and can be det er m ined accur at ely only by a sur v ey on t he gr ound m ade by a licensed st at e land sur v ey or in accor dance w it h t he or iginal gr ant fr om t he sov er eign . The ow ner of t he pr oper t y descr ibed in t his cont r act m ay gain or lose por t ions of t he t ract because of changes in t he boundary .
2 . The seller , t r ansfer or , or gr ant or has no k now ledge of any pr ior fill as it r elat es t o t he pr oper t y descr ibed in and subj ect t o t his cont r act ex cept :
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3 . St at e law pr ohibit s t he use, encum br ance, const r uct ion, or placing of any st r uct ur e in, on, or ov er st at e- ow ned subm er ged lands below t he applicable t ide line, w it hout pr oper per m ission .
4 . The pur chaser or gr ant ee is her eby adv ised t o seek t he adv ice of an at t or ney or ot her qualified per son as t o t he legal nat ur e and effect of t he fact s set for t h in t his not ice on t he pr oper t y descr ibed in and subj ect t o t his cont r act . I nfor m at ion r egar ding t he locat ion of t he applicable t ide line as t o t he pr oper t y descr ibed in and subj ect t o t his cont r act m ay be obt ained fr om t he sur v ey ing div ision of t he Gener al Land Office in Aust in .
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has been appr ov ed by t he Tex as Real Est at e Com m ission for use w it h sim ilar ly appr ov ed or pr om ulgat ed |
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cont r act for m s. Such appr ov al r elat es t o t his for m only . TREC for m s ar e int ended for use only by t r ained r eal est at e licensees. No r epr esent at ion is m ade as t o t he legal v alidit y or adequacy of any pr ov ision in any specific t r ansact ions. I t is not suit able for com plex t r ansact ions. Tex as Real Est at e Com m ission, P. O. Box 12188, Aust in, TX 78711 - 2188, 512 - 936 - 3000 ( ht t p: / / w w w . t r ec. t ex as. gov ) TREC No. 33- 2 This form replaces TREC No. 33- 1.
TREC No. 33 - 2