What does the TREC contract say a seller signs at closing?
If you sold on the TREC resale contract (TREC 20-19, dated 05-04-2026), Paragraph 9B says that at closing the seller “shall execute and deliver a general warranty deed conveying title to the Property to Buyer…” The TREC Farm and Ranch Contract (TREC 25-17, same date) uses the same words for the deed and adds an assignment of leases. So whether you sold a house in town or acreage out in the county, the deed is on your list.
The same paragraph in both forms adds a broader duty. Seller and buyer “shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents, transfer of any warranties, and other documents reasonably required for the closing of the sale and the issuance of the Title Policy.” Ask the title company early which of those papers need a notary and which need only your signature, so you know what your signing plan has to cover.
Both forms also set a date. Paragraph 9A says that if either party fails to close the sale by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. Ask your agent or attorney what your own contract says about the closing date before you book travel or a signing.
If your sale is on a different form, or an older edition, read that contract’s closing paragraph instead. The wording here is from the 05-04-2026 editions.
Glen’s take: treat your signature like any other closing item with a due date. Pick the method first, then work backward from the closing date.
Which signing options does a seller who moved away have?
Here are four signing paths to raise with your title company. Ask the title company, and the buyer’s lender through your agent if there is one, which of them they will accept for your sale.
| Option | What it looks like | What to confirm first |
|---|---|---|
| Travel back to the title office | You sign in person where the title company closes | Travel dates against the closing date, and a backup if the date slips |
| Notary where you live | You ask whether the title company can send your papers to a notary near you | Whether the title company offers this, who arranges the notary and how the originals get back |
| Texas online notarization | You sign with a Texas online notary over a two-way video and audio call | Whether the title company uses it for your documents and which platform it uses |
| Power of attorney | You ask whether someone else can sign under a power of attorney | Whether the title company and any lender will accept it, and what your attorney advises |
Why the first two options need you in front of a notary
A traditional notarization is in person. The Texas Secretary of State’s notary FAQ answers the question of a notarization by phone with a flat no: “The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed.” The Secretary of State’s online notary training lists the same duty, ensuring the signer is present at the time of notarization, as part of every notary’s job.
So for any paper that needs a notary, plan for a notary appointment or an online session, and ask the title company which it will use.
Glen’s take: find out from the title company how long each method usually takes on their end, then choose.
How does Texas online notarization work for an out-of-state seller?
It is a notarization done over video by a Texas notary who holds a second commission. The Secretary of State describes an online notary as a notary commissioned as a traditional Texas notary who is also commissioned to perform online notarizations using two-way video and audio conference technology.
The part that matters for a seller who moved away is location. The Secretary of State’s online notary materials say the notary “must be physically located within the boundaries of Texas at the time of notarization. However, the signing party (or principal) may be located anywhere.” The training transcript says it the same way: the notary must be in Texas, and the signer can be anywhere in the world.
What the session may ask of you
Ask the title company what identity checks the online session will use for you and what ID to have ready. The Secretary of State’s materials define two checks used in online notarization. Credential analysis is a third party confirming that a government-issued ID is valid. Identity proofing is a third party confirming a person’s identity using public and proprietary data sources.
The notary also keeps a recording. The Secretary of State says the record of an online notarization includes a recording of the video and audio conference used as evidence of identity.
Things to settle before the session:
- Which platform the title company uses and what ID it expects
- A computer or phone with a working camera and microphone, in a quiet room
- A test run with the platform before closing morning
- How you will receive a copy of what you signed
Glen’s take: if online notarization appeals to you, get the title company’s yes for your deed in writing before you plan around it.
What should you ask before using a power of attorney?
Ask an attorney first. Whether a power of attorney fits your sale, how it should be written and how it would be used at closing are questions for a Texas attorney, not a template.
Then take these questions to the title company and, if the buyer is financing, to the buyer’s lender through your agent:
- Will you accept a power of attorney for this sale? Find out what form it should take and whether the title company needs the original.
- Does the lender have its own rules? If the buyer has a loan, have your agent find out whether the lender has requirements for documents signed under a power of attorney.
- Does it need to be recorded? Ask the title company and your attorney whether the power of attorney must be filed with the county clerk along with the deed, and who handles that.
- Who will be signing? Ask who the title company expects at the table, and make sure that person can be reached the whole week of closing.
Glen’s take: if you go this route, start with the attorney and bring the title company in early, so nobody is meeting the document for the first time at closing.
What should you settle with the title company before closing week?
Settle these items while there is still room in the calendar, before the papers are due back.
Your contact details and how notices reach you
Paragraph 21 of both TREC forms says, “All notices from one party or their agent to the other must be in writing,” and that notices are effective when “mailed to, hand-delivered at, sent by overnight courier to, or transmitted by electronic transmission to the other party or their agent.” If you moved after signing the contract, make sure your agent and the title company have your current address, phone and email.
Smart devices and access codes
Paragraph 10B of both forms says that at the time the seller delivers possession, the seller shall deliver to the buyer written information with the access codes, usernames, passwords and apps the buyer needs for the smart devices, and shall terminate and remove all access and connections to the improvements and accessories from any of the seller’s personal devices, including phones and computers. Send the list to your agent now, and plan when you will cut your own access.
Money and paperwork that still need your attention
Raise the usual seller items with the title company too, and settle how each will be handled while you are away: the payoff on your mortgage, the wire for your proceeds and the items you agreed to leave or take. Glen’s posts on mortgage payoff quotes, verifying closing wire instructions and what a Texas title company does cover those steps in more detail.
A short checklist to send your agent and title officer:
- Which documents need a notary, and which only need your signature
- Which signing method they will use for you, in writing
- The date your papers will arrive and the date they must be back
- How originals travel back, and who pays for overnight shipping
- Your current mailing address, phone and email for notices
- The smart device list and when your access ends
Glen’s take: send that list the week the contract is signed.
To estimate what you will net at closing, use the seller net sheet. The seller’s guide walks through the rest of the selling steps.
