Sec. 5.076. RECORDING REQUIREMENTS. (a) Except as provided by Subsection (b), the seller shall record the executory contract, including the attached disclosure statement required by Section 5.069, as prescribed by Title 3 on or before the 30th day after the date the contract is executed.
(b) Section 12.002(c) does not apply to an executory contract filed for record under this section.
(c) If the executory contract is terminated for any reason, the seller shall record the instrument that terminates the contract.
(d) The county clerk shall collect the filing fee prescribed by Section 118.011, Local Government Code.
(e) A seller who violates this section is liable to the purchaser in the same manner and for the same amount as a seller who violates Section 5.079 is liable to a purchaser, except the damages may not exceed $500 for each calendar year of noncompliance. This subsection does not limit or affect any other rights or remedies a purchaser has under other law.
Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.099 and amended 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. 5, 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