How long do Texas brokers have to keep transaction records?
At least four years from the date of closing or termination of the contract. That's the TREC rule. The hard part isn't knowing it, it's being able to find a specific file three years later.
The rule
TREC requires a broker to keep transaction records for at least four years from the date of closing or termination of a contract, in a format that can be made readily available to the Commission. The rule is in the Texas Administrative Code, Title 22, §535.2(h), and TREC summarizes it in its license holder FAQ.
Why it's harder than it sounds
- The clock starts at closing, not at the offer. A contract written in January that closes in March is kept until at least March four years later.
- Records live with agents. Offers and amendments often sit in agents' email, phones and personal drives. When an agent leaves, so do the files.
- "Readily available" means findable. A file you can't locate by address when someone asks isn't much help.
A practical setup
- Keep one place per brokerage where every executed contract, addendum and amendment lands, searchable by property address.
- File by closing (or termination) date so you know when the four years end.
- When an agent leaves, make sure their transaction files stay with the brokerage.
- Spot-check a few closed files each quarter: can you pull the full file in under a minute?
Where TxtAnOffer fits
On the Brokerage plan, you can forward executed contracts to tc@check.txtanoffer.com from your brokerage email, or drop them into your archive. Each one is checked for what title kicks back and kept for 5 years, searchable by address and exportable anytime. Offers your agents text in to TxtAnOffer are archived too. It helps with this rule, but you remain responsible for keeping complete records.
This is general information, not legal advice. Confirm your brokerage's obligations against the current rule text or with a Texas real estate attorney. TxtAnOffer is not affiliated with TREC.
More guides
- TREC 20-19 checklist: what to check before you send the file to title
- Effective Date left blank on a TREC 20-19: why it matters and how to catch it
- 40-11 loan amount doesn't match the contract: how to catch it before title does
- TREC 20-19 initials: which pages need them, and how to check fast
- TREC 39-11 amendment: check the price and address against the contract
- TREC 20-19 deadline calculator
General information only, not legal advice. TxtAnOffer is an independent tool and is not affiliated with or endorsed by the Texas Real Estate Commission (TREC). Terms · Privacy