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.
Structure Texas Statutes
Subchapter D. Executory Contract for Conveyance
Section 5.0621. Construction With Other Law
Section 5.0622. Additional Applicability: Certain Counties
Section 5.064. Seller's Remedies on Default
Section 5.065. Right to Cure Default
Section 5.066. Equity Protection; Sale of Property
Section 5.067. Placement of Lien for Utility Service
Section 5.068. Foreign Language Requirement
Section 5.069. Seller's Disclosure of Property Condition
Section 5.070. Seller's Disclosure of Tax Payments and Insurance Coverage
Section 5.071. Seller's Disclosure of Financing Terms
Section 5.072. Oral Agreements Prohibited
Section 5.073. Contract Terms, Certain Waivers Prohibited
Section 5.074. Purchaser's Right to Cancel Contract Without Cause
Section 5.076. Recording Requirements
Section 5.077. Annual Accounting Statement
Section 5.078. Disposition of Insurance Proceeds
Section 5.080. Liability for Disclosures
Section 5.081. Right to Convert Contract
Section 5.082. Request for Balance and Trustee
Section 5.083. Right to Cancel Contract for Improper Platting
Section 5.084. Right to Deduct
Section 5.085. Fee Simple Title Required; Maintenance of Fee Simple Title