Tex. Property Code § 5.069
This is the official text of Tex. Property Code § 5.069, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.
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§ 5.069. SELLER'S DISCLOSURE OF PROPERTY CONDITION.
Official statutory 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:
_____ the seller;
_____ the owner of the property on which the road exists;
_____ the municipality;
_____ the county; or
_____ the state.
(1) owns the property;
(2) has a claim of ownership to the property; or
(3) has an interest in the property.
(1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT COVERING
THE PROPERTY AND HAVE THE ABSTRACT OR COMMITMENT REVIEWED
BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
(2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE
COVERING THE PROPERTY.
(b) If the property is not located in a recorded subdivision, the seller shall provide the purchaser with a separate disclosure form stating that utilities may not be available to the property until the subdivision is recorded as required by law.
(c) If the seller advertises property for sale under an executory contract, the advertisement must disclose information regarding the availability of water, sewer, and electric service.
(d) The seller's failure to provide information required by this section:
(1) is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and is actionable in a public or private suit brought under Subchapter E, Chapter 17, Business & Commerce Code; and
(2) entitles the purchaser to cancel and rescind the executory contract and receive a full refund of all payments made to the seller.
(e) Subsection (d) does not limit the purchaser's remedy against the seller for other false, misleading, or deceptive acts or practices actionable in a suit brought under Subchapter E, Chapter 17, Business & Commerce Code.
(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:
_____ the seller;
_____ the owner of the property on which the road exists;
_____ the municipality;
_____ the county; or
_____ the state.
(1) owns the property;
(2) has a claim of ownership to the property; or
(3) has an interest in the property.
(1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT COVERING
THE PROPERTY AND HAVE THE ABSTRACT OR COMMITMENT REVIEWED
BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND
(2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE
COVERING THE PROPERTY.
(b) If the property is not located in a recorded subdivision, the seller shall provide the purchaser with a separate disclosure form stating that utilities may not be available to the property until the subdivision is recorded as required by law.
(c) If the seller advertises property for sale under an executory contract, the advertisement must disclose information regarding the availability of water, sewer, and electric service.
(d) The seller's failure to provide information required by this section:
(1) is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and is actionable in a public or private suit brought under Subchapter E, Chapter 17, Business & Commerce Code; and
(2) entitles the purchaser to cancel and rescind the executory contract and receive a full refund of all payments made to the seller.
(e) Subsection (d) does not limit the purchaser's remedy against the seller for other false, misleading, or deceptive acts or practices actionable in a suit brought under Subchapter E, Chapter 17, Business & Commerce Code.
Status: in_force · Read it on the official government site
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