Texas Property Code

§ 5.069 — SELLER'S DISCLOSURE OF PROPERTY CONDITION

PR § 5.069Title 2. CONVEYANCES · Ch. 5. CONVEYANCES · Art. D. EXECUTORY CONTRACT FOR CONVEYANCE

Statute text

(a)Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with:

(1)a survey, which was completed within the past year, or plat of a current survey of the real property;

(2)a legible copy of any document that describes an encumbrance or other claim, including a restrictive covenant or easement, that affects title to the real property; and

(3)a written notice, which must be attached to the contract, informing the purchaser of the condition of the property that must, at a minimum, be executed by the seller and purchaser and read substantially similar to the following: WARNING IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE TO LIVE ON THE PROPERTY. SELLER'S DISCLOSURE NOTICE CONCERNING THE PROPERTY AT (street address or legal description and city) THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE PROPERTY YOU ARE CONSIDERING PURCHASING. CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE: _____ The property is in a recorded subdivision. _____ The property has water service that provides potable water. _____ The property has sewer service. _____ The property has been approved by the appropriate municipal, county, or state agency for installation of a septic system. _____ The property has electric service. _____ The property is not in a floodplain. _____ The roads to the boundaries of the property are paved and maintained by: _____ the seller; _____ the owner of the property on which the road exists; _____ the municipality; _____ the county; or _____ the state. _____ No individual or entity other than the seller:

…

Legislative history

Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.094 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.