Sec. 5.019. NOTICE OF WATER LEVEL FLUCTUATIONS. (a) This section applies only to the sale of residential or commercial real property adjoining an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level.
(b) A seller of real property shall give to the purchaser of the property a written notice in substantially the following form:
NOTICE OF WATER LEVEL FLUCTUATIONS
The water level of the impoundment of water adjoining the property at ______________ (street address and city) or described as ______________ (legal description) fluctuates for various reasons, including as a result of:
(1) an entity lawfully exercising its right to use the water stored in the impoundment; or
(2) drought or flood conditions.
(c) The notice described by Subsection (b) shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property.
(d) If a contract is entered into without the seller providing the notice within the period required by Subsection (c), the purchaser may terminate the contract for any reason within seven days after the date the purchaser receives:
(1) the notice described by Subsection (b) from the seller; or
(2) information described by the notice under Subsection (b) from any other person.
(e) After the date of the conveyance, the purchaser may bring an action for misrepresentation against the seller if the seller:
(1) failed to provide the notice before the date of the conveyance; and
(2) had actual knowledge that the water level described by Subsection (b) fluctuates for various reasons, including the reasons stated in Subsection (b).
Added by Acts 2015, 84th Leg., R.S., Ch. 926 (H.B. 1665), Sec. 1, eff. September 1, 2015.
Last modified: September 28, 2016