PROPERTY CODE TITLE 2. CONVEYANCES CHAPTER 5. CONVEYANCES
PROPERTY CODE
TITLE 2. CONVEYANCES
CHAPTER 5. CONVEYANCES
SUBCHAPTER A. GENERAL PROVISIONS
§ 5.001. FEE SIMPLE. (a) An estate in land that is
conveyed or devised is a fee simple unless the estate is limited by
express words or unless a lesser estate is conveyed or devised by
construction or operation of law. Words previously necessary at
common law to transfer a fee simple estate are not necessary.
(b) This section applies only to a conveyance occurring on
or after February 5, 1840.
Acts 1983, 68th Leg., p. 3480, ch. 576, § 1, eff. Jan. 1, 1984.
§ 5.002. FAILING AS A CONVEYANCE. An instrument
intended as a conveyance of real property or an interest in real
property that, because of this chapter, fails as a conveyance in
whole or in part is enforceable to the extent permitted by law as a
contract to convey the property or interest.
Acts 1983, 68th Leg., p. 3480, ch. 576, § 1, eff. Jan. 1, 1984.
§ 5.003. PARTIAL CONVEYANCE. (a) An alienation of real
property that purports to transfer a greater right or estate in the
property than the person making the alienation may lawfully
transfer alienates only the right or estate that the person may
convey.
(b) Neither the alienation by deed or will of an estate on
which a remainder depends nor the union of the estate with an
inheritance by purchase or descent affects the remainder.
Acts 1983, 68th Leg., p. 3480, ch. 576, § 1, eff. Jan. 1, 1984.
§ 5.004. CONVEYANCE BY AUTHORIZED OFFICER. (a) A
conveyance of real property by an officer legally authorized to
sell the property under a judgment of a court within the state
passes absolute title to the property to the purchaser.
(b) This section does not affect the rights of a person who
is not or who does not claim under a party to the conveyance or
judgment.
Acts 1983, 68th Leg., p. 3480, ch. 576, § 1, eff. Jan. 1, 1984.
§ 5.005. ALIENS. An alien has the same real and personal
property rights as a United States citizen.
Acts 1983, 68th Leg., p. 3481, ch. 576, § 1, eff. Jan. 1, 1984.
§ 5.006. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE
COVENANT ACTION. (a) In an action based on breach of a
restrictive covenant pertaining to real property, the court shall
allow to a prevailing party who asserted the action reasonable
attorney's fees in addition to the party's costs and claim.
(b) To determine reasonable attorney's fees, the court
shall consider:
(1) the time and labor required;
(2) the novelty and difficulty of the questions;
(3) the expertise, reputation, and ability of the
attorney; and
(4) any other factor.
Acts 1983, 68th Leg., p. 3481, ch. 576, § 1, eff. Jan. 1, 1984.
§ 5.007. VENDOR AND PURCHASER RISK ACT. (a) Any
contract made in this state for the purchase and sale of real
property shall be interpreted as including an agreement that the
parties have the rights and duties prescribed by this section,
unless the contract expressly provides otherwise.
(b) If, when neither the legal title nor the possession of
the subject matter of the contract has been transferred, all or a
material part of the property is destroyed without fault of the
purchaser or is taken by eminent domain, the vendor may not enforce
the contract, and the purchaser is entitled to recover any portion
of the contract price paid.
(c) If, when either the legal title or the possession of the
subject matter of the contract has been transferred, all or any part
of the property is destroyed without fault of the vendor or is taken
by eminent domain, the purchaser is not relieved from the duty to
pay the contract price, nor is the purchaser entitled to recover any
portion of the price already paid.
(d) This section shall be interpreted and construed to
accomplish its general purpose to make uniform the law of those
states that enact the Uniform Vendor and Purchaser Risk Act.
(e) This section may be cited as the Uniform Vendor and
Purchaser Risk Act.
Added by Acts 1989, 71st Leg., ch. 1002, § 1, eff. Sept. 1, 1989.
§ 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION. (a)
A seller of residential real property comprising not more than one
dwelling unit located in this state shall give to the purchaser of
the property a written notice as prescribed by this section or a
written notice substantially similar to the notice prescribed by
this section which contains, at a minimum, all of the items in the
notice prescribed by this section.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
1051, § 11
(b) The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS
NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S
AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U). __ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens
__ Security __ Fire Detection __ Intercom
System Equipment System
__ Smoke Detector
__ Smoke Detector -
Hearing Impaired
__ Carbon Monoxide
Alarm
__ Emergency Escape
Ladder(s)
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window Air
Conditioning
__ Plumbing System __ Septic System __ Public Sewer
System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler
System
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney
(Woodburning) (Mock)
__ Gas Lines __ Gas Fixtures
(Nat./LP)
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op
Roof Type: ________________________________Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Does the property have working smoke detectors installed in
accordance with the smoke detector requirements of Chapter 766,
Health and Safety Code? __Yes __No __Unknown.
If the answer to the question above is no or unknown,
explain. (Attach additional sheets if necessary):
_________________________
________________________________________________________________
________________________________________________________________
3. Are you (Seller) aware of any known defects/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware. __ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures
__ Other Structural Components (Describe): ____________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware. __ Active Termites __ Previous Structural
(includes or Roof Repair
wood-destroying insects)
__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste
Needing Repair
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
Treatment Insulation
__ Previous Flooding __ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Penetration __ Aluminum Wiring
__ Located in 100-Year __ Previous Fires
Floodplain
__ Present Flood Insurance __ Unplatted Easements
Coverage
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
5. Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair? __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach
additional sheets as necessary). ________________________________
6. Are you (Seller) aware of any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware. __ Room additions, structural
modifications, or other alterations or
repairs made without necessary permits
or not in compliance with building codes
in effect at that time.
__ Homeowners' Association or maintenance
fees or assessments.
__ Any "common area" (facilities such as
pools, tennis courts, walkways, or other
areas) co-owned in undivided interest
with others.
__ Any notices of violations of deed
restrictions or governmental ordinances
affecting the condition or use of the
Property.
__ Any lawsuits directly or indirectly
affecting the Property.
__ Any condition on the Property which
materially affects the physical health
or safety of an individual.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
_______________ ________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice and acknowledges the property complies with the
smoke detector requirements of Chapter 766, Health and Safety Code,
or, if the property does not comply with the smoke detector
requirements of Chapter 766, the buyer waives the buyer's rights to
have smoke detectors installed in compliance with Chapter 766.
_______________ ________________________________________
Date Signature of Purchaser
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
1256, § 22
(b) The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U). __ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens
__ Security __ Fire Detection __ Intercom
System Equipment System
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window Air
Conditioning
__ Plumbing System __ Septic System __ Public Sewer
System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler
System
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney
(Woodburning) (Mock)
__ Gas Lines __ Gas Fixtures
(Nat./LP)
Garage: __ Attached __ Not Attached __ Carport
Garage Door Opener(s): __ Electronic __ Control(s)
Water Heater: __ Gas __ Electric
Water Supply: __ City __ Well __ MUD __ Co-op
Roof Type: ________________________________ Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Are you (Seller) aware of any known defect/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Interior Walls __ Ceilings __ Floors
__ Exterior Walls __ Doors __ Windows
__ Roof __ Foundation/ __ Basement
Slab(s)
__ Walls/Fences __ Driveways __ Sidewalks
__ Plumbing/Sewers/ __ Electrical __ Lighting
Septics Systems Fixtures
__ Other Structural Components (Describe): ____________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
3. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Active Termites __ Previous Structural
(includes or Roof Repair
wood-destroying insects)
__ Termite or Wood Rot __ Hazardous or Toxic Waste
Needing Repair
__ Previous Termite Damage __ Asbestos Components
__ Previous Termite __ Urea formaldehyde
Treatment Insulation
__ Previous Flooding __ Radon Gas
__ Improper Drainage __ Lead Based Paint
__ Water Penetration __ Aluminum Wiring
__ Located in 100-Year __ Previous Fires
Floodplain
__ Present Flood Insurance __ Unplatted Easements
Coverage
__ Landfill, Settling, Soil __ Subsurface
Movement, Fault Lines Structure or Pits
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair? __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach
additional sheets as necessary)._________________________________
5. Are you (Seller) aware of any of the following?
Write Yes (Y) if you aware, write No (N) if you are not aware.
__ Room additions, structural
modifications, or other alterations or
repairs made without necessary permits
or not in compliance with building codes
in effect at that time.
__ Homeowners' Association or maintenance
fees or assessments.
__ Any "common area" (facilities such as
pools, tennis courts, walkways, or other
areas) co-owned in undivided interest
with others.
__ Any notices of violations of deed
restrictions of governmental ordinances
affecting the condition or use of the
Property.
__ Any lawsuits directly or indirectly
affecting the Property.
__ Any condition on the Property which
materially affects the physical health
or safety of an individual.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
6. If the property is located in a coastal area that is seaward of
the Gulf Intracoastal Waterway or within 1,000 feet of the mean high
tide bordering the Gulf of Mexico, the property may be subject to
the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63,
Natural Resources Code, respectively) and a beachfront
construction certificate or dune protection permit may be required
for repairs or improvements. Contact the local government with
ordinance authority over construction adjacent to public beaches
for more information.
__________________ _____________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice.
__________________ _____________________________________
Date Signature of Purchaser
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch.
448, § 1
Text of subsection effective on January 1, 2008
(b) The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER'S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U). __ Range __ Oven __ Microwave
__ Dishwasher __ Trash Compactor __ Disposal
__ Washer/Dryer __ Window __ Rain Gutters
Hookups Screens
__ Security __ Fire Detection __ Intercom
System Equipment System
__ TV Antenna __ Cable TV __ Satellite
Wiring Dish
__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust
Fan(s)
__ Central A/C __ Central Heating __ Wall/Window
Air
Conditioning
__ Plumbing System __ Septic System __ Public Sewer
System
__ Patio/Decking __ Outdoor Grill __ Fences
__ Pool __ Sauna __ Spa
__ Hot Tub
__ Pool Equipment __ Pool Heater __ Automatic Lawn
Sprinkler
System
__ Fireplace(s) & __ Fireplace(s) &
Chimney Chimney
(Woodburning) (Mock)
__ Gas Lines __ Gas Fixtures
(Nat./LP)
Garage: __ Attached