Texas Agriculture Code - Section 60.063. Notice To Purchasers
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§ 60.063. NOTICE TO PURCHASERS. (a) Except as provided
by Subsection (e), any person who proposes to sell or convey real
property located in a district must first give to the purchaser
written notice that the property is located in the district. The
notice must be given to the prospective purchaser prior to
execution of a binding contract of sale and purchase either
separately or as an addendum or paragraph of a purchase contract.
The purchaser shall sign the notice as evidence of receipt.
(b) At the closing of the purchase and sale, a separate copy
of the notice with current information about the district and its
right to impose assessments on land within its boundaries, which
conveys with the land, shall be executed by the seller and purchaser
and recorded in the deed records of the county in which the property
is located.
(c) A purchaser or the purchaser's heirs, successors, or
assigns may not maintain any action for damages or maintain any
action against the seller, title insurance company, real estate
brokers, or lienholder, or any agent, representative, or person
acting in their behalf, by reason of the imposition of fees or
assessments by the district authorized by this chapter. Notice is
not required to be given pursuant to this section unless a certified
copy of the order creating the district has been recorded in the
real property records in the county in which the land is located and
such order contains the legal description of the district. A
purchaser, seller, lender, real estate broker, title insurance
company, and title insurance agent may conclusively rely on the
recorded certified copy of the order.
(d) The board shall prescribe the form for notice under this
section.
(e) A seller is not required to give notice under this
section if:
(1) the seller is obligated under a written contract
to furnish to the buyer a title insurance commitment before the
contract closing; and
(2) the purchaser is entitled under the contract to
terminate the contract because the property is located in a
district.
Added by Acts 2001, 77th Leg., ch. 1393, § 1, eff. June 16, 2001.
Amended by Acts 2003, 78th Leg., ch. 369, § 6, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 746, § 2, eff. Sept. 1, 2003.
Section: 60.056 60.057 60.058 60.059 60.060 60.061 60.062 60.063 60.0631 60.064 60.065 60.081 60.082 60.083 60.084
Last modified: August 10, 2007
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