Sec. 5.082. REQUEST FOR BALANCE AND TRUSTEE. (a) A purchaser under an executory contract, on written request, is entitled to receive the following information from the seller:
(1) as of the date of the request or another date specified by the purchaser, the amount owed by the purchaser under the contract; and
(2) if applicable, the name and address of the seller's desired trustee for a deed of trust to be executed under Section 5.081.
(b) On or before the 10th day after the date the seller receives from the purchaser a written request for information described by Subsection (a), the seller shall provide to the purchaser a written statement of the requested information.
(c) If the seller does not timely respond to a request made under this section, the purchaser may:
(1) determine or pay the amount owed under the contract, including determining the amount necessary for a promissory note under Section 5.081; and
(2) if applicable, select a trustee for a deed of trust under Section 5.081.
(d) For purposes of Subsection (c)(2), a purchaser must select a trustee that lives or has a place of business in the same county where the property covered by the executory contract is located.
(e) Not later than the 20th day after the date a seller receives notice of an amount determined by a purchaser under Subsection (c)(1), the seller may contest that amount by sending a written objection to the purchaser. An objection under this subsection must:
(1) be sent to the purchaser by regular and certified mail;
(2) include the amount the seller claims is the amount owed under the contract; and
(3) be based on written records kept by the seller or the seller's agent that were maintained and regularly updated for the entire term of the executory contract.
Added by Acts 2005, 79th Leg., Ch. 978 (H.B. 1823), Sec. 6, eff. September 1, 2005.
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