Texas Property Code - Section 5.069. Seller's Disclosure Of Property Condition
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Texas Laws > Property Code > Texas Property Code - Section 5.069. Seller's Disclosure Of Property Condition
§ 5.069. SELLER'S DISCLOSURE OF PROPERTY CONDITION. (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:
(1) owns the property;
(2) has a claim of ownership to the property; or
(3) has an interest in the property.
____ No individual or entity has a lien filed against the property.
____ There are no restrictive covenants, easements, or other title
exceptions or encumbrances that prohibit construction of a house on
the property.
NOTICE: SELLER ADVISES PURCHASER TO:
(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.
________________________ ________________________
(Date) (Signature of Seller)
________________________ ________________________
(Date) (Signature of Purchaser)
(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.
Added by Acts 1995, 74th Leg., ch. 994, § 3, eff. Sept. 1, 1995.
Renumbered from V.T.C.A., Property Code § 5.094 and amended by
Acts 2001, 77th Leg., ch. 693, § 1, eff. Sept. 1, 2001.
Section: 5.0621 5.063 5.064 5.065 5.066 5.067 5.068 5.069 5.070 5.071 5.072 5.073 5.074 5.075 5.076
Last modified: August 11, 2007
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