IS THE TAR 1407 FORM REQUIRED BY THE TEXAS REAL ESTATE COMMISSION?
No, but then, neither is the One to Four Family Residential Contract or any other number of forms used by Texas Real Estate Agents. The Texas Official Wood Destroying Insect Report is not a required form but it is used universally. The TAR 1407 which involves a disclosure about an Onsite Sewage Facility and permits is not a required form by the Texas Real Estate Commission according to Richard Workman of Marietta, Texas. Mr. Workman contacted the Texas Real Estate Commission and learned that the form was not required by TREC to be used in a transaction.
However, I will point out that the information in the TAR 1407 is vital and critical to a buyer and whether the form is used or not, the information gleaned from the form is essential to a buyer making a good decision to purchase a property. The TAR 1407 makes those disclosures easier and more available and protects the seller.
Similarly, the earnest money contract or One to Four Family Residential Contract, TREC Form 20-12, is not "required" but is universally used. The question is not whether the Texas Real Estate Commission requires the form but rather is the information in the form material to the transaction such that the buyer would not know its content without it? Would the buyer be interested in the information in deciding to purchase? If the answer is yes, then using the form is not as relevant as providing the information.
So thank you Mr. Workman from Marietta, Texas. I appreciate the input and wish you and your real estate career the best!