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The Texas residential property affidavit T-47 form serves as a crucial document in real estate transactions, particularly when it comes to the transfer of residential property. This form is often utilized to confirm the ownership status of a property and to provide essential information regarding its current condition. By completing the T-47, property owners affirm that they are the rightful owners and disclose any pertinent details that may affect the transaction, such as the existence of any liens or encumbrances. The form is typically executed in conjunction with a title insurance policy, ensuring that potential buyers receive clear title to the property. Moreover, the T-47 helps to protect both buyers and sellers by minimizing the risk of disputes over property ownership and condition after the sale is finalized. Its significance cannot be understated, as it not only facilitates a smoother transaction process but also plays a vital role in maintaining transparency in the real estate market. Understanding the nuances of the T-47 form is essential for anyone involved in Texas residential property transactions, as it lays the groundwork for a legally sound transfer of ownership.
Document Data
| Fact Name | Description |
|---|---|
| Purpose | The T-47 form is used to provide a sworn statement regarding the status of a residential property, particularly concerning any improvements made to the property. |
| Governing Law | This form is governed by Texas Property Code, Section 5.008, which outlines the requirements for disclosures in residential transactions. |
| Who Uses It | Typically, sellers of residential properties in Texas complete the T-47 form to inform potential buyers about the property’s condition and any changes. |
| Signature Requirement | The form must be signed by the seller, affirming that the information provided is accurate to the best of their knowledge. |
| Filing Necessity | While the T-47 form is not filed with the county, it is crucial for the closing process and must be provided to the buyer and lender. |
| Timeframe | It’s advisable to complete the T-47 form as early as possible in the transaction process to avoid delays at closing. |
| Common Issues | Inaccuracies or omissions in the T-47 can lead to disputes post-sale, making it essential to review the information thoroughly. |
| Related Forms | The T-47 is often used alongside other forms, such as the Seller’s Disclosure Notice, to provide a comprehensive overview of the property’s condition. |
How to Write Texas residential property affidavit T-47
After gathering the necessary information, you can begin filling out the Texas residential property affidavit T-47 form. This process involves providing details about the property and the parties involved. Follow the steps below to complete the form accurately.
- Obtain the Form: Download the Texas residential property affidavit T-47 form from a reliable source or request a copy from your local county office.
- Property Description: Fill in the legal description of the property. This includes the lot number, block number, and subdivision name, if applicable. Ensure this information matches the property records.
- Owner Information: Provide the name(s) of the property owner(s). If there are multiple owners, list all names as they appear on the title.
- Affiant Information: Indicate the name and contact information of the person completing the affidavit. This person may or may not be the property owner.
- Affidavit Details: Complete the section regarding the facts of the property. Include any relevant details that pertain to the ownership or the status of the property.
- Signature: Sign the affidavit in the designated area. If there are multiple owners, each must sign the form.
- Notarization: Have the affidavit notarized. This step is crucial, as it verifies the authenticity of the signatures.
- Submission: Submit the completed and notarized affidavit to the appropriate county office. Ensure you keep a copy for your records.
Completing the T-47 form accurately is essential for proper documentation of property ownership. After submission, keep track of any correspondence related to the affidavit for future reference.
Texas residential property affidavit T-47 Example
(MAY BE MODIFIED AS APPROPRIATE FOR COMMERCIAL TRANSACTIONS)
Date:___________________________________ GF No.___________________________________
Name of Affiant(s):__________________________________________________________________
Address of Affiant:___________________________________________________________________
Description of Property:_______________________________________________________________
County__________________________________ , Texas
"Title Company" as used herein is the Title Insurance Company whose policy of title insurance is issued in reliance upon the statements contained herein.
Before me, the undersigned notary for the State of ________________, personally appeared Affiant(s) who after by
me being sworn, stated:
1.We are the owners of the Property. (Or state other basis for knowledge by Affiant(s) of the Property, such as lease, management, neighbor, etc. For example, “Affiant is the manager of the Property for the record title owners.”)
2.We are familiar with the property and the improvements located on the Property.
3.We are closing a transaction requiring title insurance and the proposed insured owner or lender has requested area and boundary coverage in the title insurance policy(ies) to be issued in this transaction. We understand that the Title Company may make exceptions to the coverage of the title insurance as Title Company may deem appropriate. We understand that the owner of the property, if the current transaction is a sale, may request a similar amendment to the area and boundary coverage in the Owner’s Policy of Title Insurance upon payment of the promulgated premium.
4.To the best of our actual knowledge and belief, since _______________________________ there have been no:
a.construction projects such as new structures, additional buildings, rooms, garages, swimming pools or other permanent improvements or fixtures;
b.changes in the location of boundary fences or boundary walls;
c.construction projects on immediately adjoining property(ies) which encroach on the Property;
d.conveyances, replattings, easement grants and/or easement dedications (such as a utility line) by any party affecting the Property.
EXCEPT for the following (If None, Insert “None” Below:)
5.We understand that Title Company is relying on the truthfulness of the statements made in this affidavit to provide the area and boundary coverage and upon the evidence of the existing real property survey of the Property. This Affidavit is not made for the benefit of any other parties and this Affidavit does not constitute a warranty or guarantee of the location of improvements.
6.We understand that we have no liability to Title Company that will issue the policy(ies) should the
information in this Affidavit be incorrect other than information that we personally know to be incorrect and which we do not disclose to the Title Company.
_________________________________________
_________________________________________
SWORN AND SUBSCRIBED this ______ day of __________________, 20_______.
_______________________________________
Notary Public
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