reglab/housing_qa huggingface dataset:
TX Prop § 5.061 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.061. Definition

Sec. 5.061.  DEFINITION.  In this subchapter, "default" means the failure to:(1)  make a timely payment;  or(2)  comply with a term of an executory contract.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.065 and amended by Act 2001, 77th Leg., ch. 693, Sec. 1, Sept. 1, 2001.|
TX Prop § 5.062 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.062. Applicability

Sec. 5.062.  APPLICABILITY.  (a)  This subchapter applies only to a transaction involving an executory contract for conveyance of real property used or to be used as the purchaser's residence or as the residence of a person related to the purchaser within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.  For purposes of this subchapter, and only for the purposes of this subchapter:(1)  a lot measuring one acre or less is presumed to be residential property; and(2)  an option to purchase real property that includes or is combined or executed concurrently with a residential lease agreement, together with the lease, is considered an executory contract for conveyance of real property.(b)  This subchapter does not apply to the following transactions under an executory contract:(1)  the sale of state land; or(2)  a sale of land by:(A)  the Veterans' Land Board;(B)  this state or a political subdivision of this state; or(C)  an instrumentality, public corporation, or other entity created to act on behalf of this state or a political subdivision of this state, including an entity created under Chapter 303, 392, or 394, Local Government Code.(c)  This subchapter does not apply to an executory contract that provides for the delivery of a deed from the seller to the purchaser within 180 days of the date of the final execution of the executory contract.(d)  Section 5.066 and Sections 5.068-5.080 do not apply to a transaction involving an executory contract for conveyance if the purchaser of the property:(1)  is related to the seller of the property within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code;  and(2)  has waived the applicability of those sections in a written agreement.(e)  Sections 5.066, 5.067, 5.071, 5.075, 5.079, 5.081, and 5.082 do not apply to an executory contract described by Subsection (a)(2).(f)  Notwithstanding any other provision of this subchapter, only the following sections apply to an executory contract described by Subsection (a)(2) if the term of the contract is three years or less and the purchaser and seller, or the purchaser's or seller's assignee, agent, or affiliate, have not been parties to an executory contract to purchase the property covered by the executory contract for longer than three years:(1)  Sections 5.063-5.065;(2)  Section 5.073, except for Section 5.073(a)(2); and(3)  Sections 5.083 and 5.085.(g)  Except as provided by Subsection (b), if Subsection (f) conflicts with another provision of this subchapter, Subsection (f) prevails.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.091 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 978 (H.B. 1823), Sec. 2, eff. September 1, 2005.Acts 2015, 84th Leg., R.S., Ch. 996 (H.B. 311), Sec. 1, eff. September 1, 2015.|
TX Prop § 5.0621 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.0621. Construction With Other Law

Sec. 5.0621.  CONSTRUCTION WITH OTHER LAW.  (a)  Except as provided by Subsection (b), the provisions of this subchapter and Chapter 92 apply to the portion of an executory contract described by Section 5.062(a)(2) that is a residential lease agreement.(b)  After a tenant exercises an option to purchase leased property under a residential lease described by Subsection (a), Chapter 92 no longer applies to the lease.|Added by Acts 2005, 79th Leg., Ch. 978 (H.B. 1823), Sec. 3, eff. September 1, 2005.|
TX Prop § 5.0622 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.0622. Additional Applicability: Certain Counties

Sec. 5.0622.  ADDITIONAL APPLICABILITY: CERTAIN COUNTIES.  (a)  This section applies only to a county with a population of less than 100,000 that is located in a metropolitan statistical area as defined by the federal Office of Management and Budget:(1)  with a population of more than 1.5 million; and(2)  adjacent to a different metropolitan statistical area as defined by the federal Office of Management and Budget with a population of more than 2 million.(b)  The commissioners court of a county may adopt an order requiring an executory contract for the conveyance of land used or to be used as a residence located in the county to be subject to this subchapter.  The order must specify a method for determining whether the land is used or to be used as a residence.(c)  The order may not include an executory contract for the conveyance of land:(1)  described by Section 5.062(b), (c), or (d); or(2)  that is to be used primarily for agricultural use, as defined by Section 1-d, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, or timber production use within the meaning of Section 1-d-1, Article VIII, Texas Constitution, and for which no part of the land is to be used as a residence.(d)  If a tract described by Subsection (c)(2) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, or any part of the land is used as a residence, the executory contract for the conveyance of the land may be included in an order authorized by this section.|Added by Acts 2021, 87th Leg., R.S., Ch. 911 (H.B. 4374), Sec. 1, eff. September 1, 2021.|
TX Prop § 5.063 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.063. Notice

Sec. 5.063.  NOTICE.  (a)  Notice under Section 5.064 must be in writing and must be delivered by registered or certified mail, return receipt requested.  The notice must be conspicuous and printed in 14-point boldface type or 14-point uppercase typewritten letters, and must include on a separate page the statement:NOTICEYOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO BUY YOUR PROPERTY. UNLESS YOU TAKE THE ACTION SPECIFIED IN THIS NOTICE BY (date) THE SELLER HAS THE RIGHT TO TAKE POSSESSION OF YOUR PROPERTY.(b)  The notice must also:(1)  identify and explain the remedy the seller intends to enforce;(2)  if the purchaser has failed to make a timely payment, specify:(A)  the delinquent amount, itemized into principal and interest;(B)  any additional charges claimed, such as late charges or attorney's fees;  and(C)  the period to which the delinquency and additional charges relate;  and(3)  if the purchaser has failed to comply with a term of the contract, identify the term violated and the action required to cure the violation.(c)  Notice by mail is given when it is mailed to the purchaser's residence or place of business. The affidavit of a person knowledgeable of the facts to the effect that notice was given is prima facie evidence of notice in an action involving a subsequent bona fide purchaser for value if the purchaser is not in possession of the real property and if the stated time to avoid the forfeiture has expired.  A bona fide subsequent purchaser for value who relies upon the affidavit under this subsection shall take title free and clear of the contract.|Acts 1983, 68th Leg., p. 3485, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1993, 73rd Leg., ch. 444, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.062 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 5.064 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.064. Seller's Remedies on Default

Sec. 5.064.  SELLER'S REMEDIES ON DEFAULT.  A seller may enforce the remedy of rescission or of forfeiture and acceleration against a purchaser in default under an executory contract for conveyance of real property only if:(1)  the seller notifies the purchaser of:(A)  the seller's intent to enforce a remedy under this section; and(B)  the purchaser's right to cure the default within the 30-day period described by Section 5.065;(2)  the purchaser fails to cure the default within the 30-day period described by Section 5.065;(3)  Section 5.066 does not apply; and(4)  the contract has not been recorded in the county in which the property is located.|Acts 1983, 68th Leg., p. 3484, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.061 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 959, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 996 (H.B. 311), Sec. 2, eff. September 1, 2015.|
TX Prop § 5.065 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.065. Right to Cure Default

Sec. 5.065.  RIGHT TO CURE DEFAULT.  Notwithstanding an agreement to the contrary, a purchaser in default under an executory contract for the conveyance of real property may avoid the enforcement of a remedy described by Section 5.064 by complying with the terms of the contract on or before the 30th day after the date notice is given under that section.|Acts 1983, 68th Leg., p. 3485, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.063 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 959, Sec. 2, eff. Sept. 1, 2003.|
TX Prop § 5.067 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.067. Placement of Lien for Utility Service

Sec. 5.067.  PLACEMENT OF LIEN FOR UTILITY SERVICE.  Notwithstanding any terms of a contract to the contrary, the placement of a lien for the reasonable value of improvements to residential real estate for purposes of providing utility service to the property shall not constitute a default under the terms of an executory contract for the purchase of the real property.|Added by Acts 1991, 72nd Leg., ch. 743, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.064 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 5.068 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.068. Foreign Language Requirement

Sec. 5.068.  FOREIGN LANGUAGE REQUIREMENT.  If the negotiations that precede the execution of an executory contract are conducted primarily in a language other than English, the seller shall provide a copy in that language of all written documents relating to the transaction, including the contract, disclosure notices, annual accounting statements, and a notice of default required by this subchapter.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.093 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 5.070 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.070. Seller's Disclosure of Tax Payments and Insurance Coverage

Sec. 5.070.  SELLER'S DISCLOSURE OF TAX PAYMENTS AND INSURANCE COVERAGE.  (a)  Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with:(1)  a tax certificate from the collector for each taxing unit that collects taxes due on the property as provided by Section 31.08, Tax Code;  and(2)  a legible copy of any insurance policy, binder, or other evidence relating to the property that indicates:(A)  the name of the insurer and the insured;(B)  a description of the property insured;  and(C)  the amount for which the property is insured.(b)  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.(c)  Subsection (b) 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.(d)  If the executory contract is recorded, the seller is not required to continue insuring the property.|Added by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 996 (H.B. 311), Sec. 4, eff. September 1, 2015.|
TX Prop § 5.071 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.071. Seller's Disclosure of Financing Terms

Sec. 5.071.  SELLER'S DISCLOSURE OF FINANCING TERMS.  Before an executory contract is signed by the purchaser, the seller shall provide to the purchaser a written statement that specifies:(1)  the purchase price of the property;(2)  the interest rate charged under the contract;(3)  the dollar amount, or an estimate of the dollar amount if the interest rate is variable, of the interest charged for the term of the contract;(4)  the total amount of principal and interest to be paid under the contract;(5)  the late charge, if any, that may be assessed under the contract;  and(6)  the fact that the seller may not charge a prepayment penalty or any similar fee if the purchaser elects to pay the entire amount due under the contract before the scheduled payment date under the contract.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.095 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 5.072 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.072. Oral Agreements Prohibited

Sec. 5.072.  ORAL AGREEMENTS PROHIBITED.  (a)  An executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party's authorized representative.(b)  The rights and obligations of the parties to a contract are determined solely from the written contract, and any prior oral agreements between the parties are superseded by and merged into the contract.(c)  An executory contract may not be varied by any oral agreements or discussions that occur before or contemporaneously with the execution of the contract.(d)  The seller shall include in a separate document or in a provision of the contract a statement printed in 14-point boldfaced type or 14-point uppercase typewritten letters that reads substantially similar to the following:THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.____________________________            ____________________________(Date)                      (Signature of Seller)____________________________            ____________________________(Date)                        (Signature of Purchaser)(e)  The seller's failure to provide the notice 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.(f)  Subsection (e) 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 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 5.073 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.073. Contract Terms, Certain Waivers Prohibited

Sec. 5.073.  CONTRACT TERMS, CERTAIN WAIVERS PROHIBITED.  (a)  A seller may not include as a term of the executory contract a provision that:(1)  imposes an additional late-payment fee that exceeds the lesser of:(A)  eight percent of the monthly payment under the contract; or(B)  the actual administrative cost of processing the late payment;(2)  prohibits the purchaser from pledging the purchaser's interest in the property as security to obtain a loan to place improvements, including utility improvements or fire protection improvements, on the property;(3)  imposes a prepayment penalty or any similar fee if the purchaser elects to pay the entire amount due under the contract before the scheduled payment date under the contract;(4)  forfeits an option fee or other option payment paid under the contract for a late payment; or(5)  increases the purchase price, imposes a fee or charge of any type, or otherwise penalizes a purchaser leasing property with an option to buy the property for requesting repairs or exercising any other right under Chapter 92.(b)  A provision of the executory contract that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.096 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 978 (H.B. 1823), Sec. 4, eff. September 1, 2005.|
TX Prop § 5.074 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.074. Purchaser's Right to Cancel Contract Without Cause

Sec. 5.074.  PURCHASER'S RIGHT TO CANCEL CONTRACT WITHOUT CAUSE.  (a)  In addition to other rights or remedies provided by law, the purchaser may cancel and rescind an executory contract for any reason by sending by telegram or certified or registered mail, return receipt requested, or by delivering in person a signed, written notice of cancellation to the seller not later than the 14th day after the date of the contract.(b)  If the purchaser cancels the contract as provided by Subsection (a), the seller shall, not later than the 10th day after the date the seller receives the purchaser's notice of cancellation:(1)  return to the purchaser the executed contract and any property exchanged or payments made by the purchaser under the contract;  and(2)  cancel any security interest arising out of the contract.(c)  The seller shall include in immediate proximity to the space reserved in the executory contract for the purchaser's signature a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:YOU, THE PURCHASER, MAY CANCEL THIS CONTRACT AT ANY TIME DURING THE NEXT TWO WEEKS. THE DEADLINE FOR CANCELING THE CONTRACT IS (date).  THE ATTACHED NOTICE OF CANCELLATION EXPLAINS THIS RIGHT.(d)  The seller shall provide a notice of cancellation form to the purchaser at the time the purchaser signs the executory contract that is printed in 14-point boldface type or 14-point uppercase typewritten letters and that reads substantially similar to the following:(date of contract)NOTICE OF CANCELLATIONYOU MAY CANCEL THE EXECUTORY CONTRACT FOR ANY REASON WITHOUT ANY PENALTY OR OBLIGATION BY (date).(1)  YOU MUST SEND BY TELEGRAM OR CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, OR DELIVER IN PERSON A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO (Name of Seller) AT (Seller's Address) BY (date).(2)  THE SELLER SHALL, NOT LATER THAN THE 10TH DAY AFTER THE DATE THE SELLER RECEIVES YOUR CANCELLATION NOTICE:(A)  RETURN THE EXECUTED CONTRACT AND ANY PROPERTY EXCHANGED OR PAYMENTS MADE BY YOU UNDER THE CONTRACT;  AND(B)  CANCEL ANY SECURITY INTEREST ARISING OUT OF THE CONTRACT.I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF CANCELLATION FORM.__________________________________________________(Date)                                  (Purchaser's Signature)I HEREBY CANCEL THIS CONTRACT.__________________________________________________(Date)                                  (Purchaser's Signature)(e)  The seller may not request the purchaser to sign a waiver of receipt of the notice of cancellation form required by this section.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.097 by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 5.075 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter D. Executory Contract for Conveyance|Section 5.075. Purchaser's Right to Pledge Interest in Property on Contracts Entered Into Before September 1, 2001

Sec. 5.075.  PURCHASER'S RIGHT TO PLEDGE INTEREST IN PROPERTY ON CONTRACTS ENTERED INTO BEFORE SEPTEMBER 1, 2001.  (a)  On an executory contract entered into before September 1, 2001 , a purchaser may pledge the interest in the property, which accrues pursuant to Section 5.066, only to obtain a loan for improving the safety of the property or any improvements on the property.(b)  Loans that improve the safety of the property and improvements on the property include loans for:(1)  improving or connecting a residence to water service;(2)  improving or connecting a residence to a wastewater system;(3)  building or improving a septic system;(4)  structural improvements in the residence;  and(5)  improved fire protection.|Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995.  Renumbered from Property Code Sec. 5.098 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.|