Texas Statutes
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.

Structure Texas Statutes

Texas Statutes

Property Code

Title 2 - Conveyances

Chapter 5 - Conveyances

Subchapter D. Executory Contract for Conveyance

Section 5.061. Definition

Section 5.062. Applicability

Section 5.0621. Construction With Other Law

Section 5.0622. Additional Applicability: Certain Counties

Section 5.063. Notice

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 5.075. Purchaser's Right to Pledge Interest in Property on Contracts Entered Into Before September 1, 2001

Section 5.076. Recording Requirements

Section 5.077. Annual Accounting Statement

Section 5.078. Disposition of Insurance Proceeds

Section 5.079. Title Transfer

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

Section 5.086. Equitable Interest Disclosure

Section 5.087. Additional Provisions: Certain Counties