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When buying or selling a home in Texas, an essential but often overlooked document is the T-47 Residential Real Property Affidavit. This affidavit serves as a sworn statement from the seller about the condition and specifics of the property in question. It accompanies the survey, which provides a detailed map of the property's boundaries, improvements, easements, and any other significant features. Though it might seem like just another piece of paperwork, the T-47 affidavit plays a crucial role in the real estate transaction process. It ensures that all parties have a clear understanding of what is being transferred, potentially avoiding costly disputes later on. Not only does it clarify the property's physical attributes and any alterations made, but it also addresses the seller's knowledge of existing conditions that could affect the property's value or usability. Understanding the T-47 form is imperative for both buyers and sellers in Texas to navigate the complexities of real estate transactions with confidence and protect their interests effectively.

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T-47 RESIDENTIAL REAL PROPERTY AFFIDAVIT

(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

File Characteristics

Fact Detail
Name of the Form Texas Residential Property Affidavit T-47
Primary Use Used in the process of selling residential real estate to disclose the condition of the property
Requirement Must be completed by the seller of the residential property
Governing Law Texas Property Code
Attachment Needs to be attached with a current survey of the property
Notarization Required to be notarized to validate the affirmations made by the seller

Steps to Writing Texas residential property affidavit T-47

Filling out the Texas residential property affidavit, also known as the T-47 form, is a crucial step in the process of detailing the condition and specifics of a residential property. This document is typically required during real estate transactions, providing a written account of the property's state from the homeowner's perspective. The goal is to offer clear and trustworthy information that supports the property's actual conditions and any improvements or issues it may have. Whether you're selling your home or refinancing, completing this form accurately plays a significant role in the transaction's smooth progression. Here’s a straightforward guide to help you complete the T-47 form.

  1. Start by gathering all necessary documents that detail your home's history, including previous inspections, insurance claims, and any modifications or repairs made. These records will ensure the information you provide is accurate and comprehensive.
  2. Locate the form, which is typically provided by your real estate agent or can be downloaded from the Texas Department of Insurance website. Make sure you have the latest version of the form to comply with current regulations.
  3. Enter the property address in the designated area at the top of the form, ensuring it matches the address on your title or deed documents exactly.
  4. Review the form's introduction carefully, which outlines the purpose of the affidavit and the type of information you'll need to provide.
  5. Fill in your personal information, including your full name and how you’re related to the property (owner, agent, etc.), in the specified sections.
  6. Document the date you acquired the property and the date you are completing the form. These dates are crucial for establishing the timeframe of your ownership and the relevance of the information provided.
  7. Proceed to the section detailing the property's specifics, such as improvements, additions, and any known defects. Be as detailed and honest as possible to ensure the form is accurate and reflective of the property's current condition.
  8. If applicable, attach any additional documents or reports that support your statements about the property’s condition. These could include professional inspection reports, receipts for repairs, or permits for structural changes.
  9. Review the form and attached documents to ensure all information is correct and nothing has been overlooked. Accuracy is paramount to avoid potential issues or disputes later in the transaction process.
  10. Sign and date the form in the presence of a notary public. Your signature must be notarized to validate the affidavit and confirm the veracity of the information provided.
  11. Submit the completed and notarized form to the relevant party, usually your real estate agent or the title company involved in the transaction. Make sure to retain a copy for your records.

By following these steps diligently, you'll ensure the Texas residential property affidavit (T-47 form) is filled out correctly and thoroughly. This document serves as a critical element of the property transaction process, providing clarity and assurance to all parties involved about the condition and history of the residential property. Taking the time to complete the form accurately helps prevent potential complications and contributes towards a successful and transparent real estate transaction.

Important Details about Texas residential property affidavit T-47

What is the Texas residential property affidavit T-47 form?

The Texas T-47 affidavit is a document that accompanies a title insurance policy in real estate transactions. It is a sworn statement by the seller of a residential property, outlining any changes to the property's boundaries or structures since the last survey. This affidavit is part of the real estate transaction process in Texas and is intended to update or confirm the information provided in the existing survey.

Why do I need to complete the T-47 affidavit?

Completing the T-47 affidavit is necessary when selling residential property in Texas. It serves to inform all parties involved in the transaction of any alterations or additions to the property that may affect its boundaries or structural integrity since the previous survey. This ensures that the title insurance coverage is based on the most current and accurate information about the property.

When should the T-47 affidavit be submitted?

The T-47 affidavit should be completed and submitted early in the real estate transaction process, typically at the time the seller provides the existing survey to the buyer and title company. This allows the title company to review any changes and determine if a new survey is necessary, helping to avoid any delays in closing.

Who is required to sign the T-47 affidavit?

The T-47 affidavit must be signed by the seller of the property. By signing this document, the seller attests to the accuracy of the information regarding any improvements or changes to the property since the last survey was conducted.

Is a new survey required if I complete a T-47 affidavit?

A new survey is not automatically required when a T-47 affidavit is completed. However, if the affidavit indicates significant changes to the property or if the buyer's lender or the title company deems it necessary based on the information provided in the T-47, a new survey may be requested to ensure accurate title insurance coverage.

What happens if I do not complete the T-47 affidavit?

If the T-47 affidavit is not completed, the title company may require a new survey of the property to ensure the accuracy of the title insurance policy. This can lead to additional costs and potential delays in the closing process. Therefore, completing the T-47 affidavit can streamline the transaction by providing necessary information upfront.

Can I complete the T-47 affidavit by myself?

While you can complete the T-47 affidavit on your own, it's important to ensure all information provided is accurate and truthful. Misrepresenting any details about the property can result in legal consequences. It's often beneficial to consult with a real estate professional or attorney to help accurately fill out the document.

What types of changes to my property should be reported on the T-47 affidavit?

Any changes to your property that affect the land's boundaries or the placement of structures on the property should be reported on the T-47 affidavit. This includes additions to the home, new buildings, removal of structures, fencing changes, or significant landscaping changes that impact the property's boundaries.

Where can I obtain the T-47 affidavit form?

The T-47 affidavit form can usually be obtained from your real estate agent, title company, or legal representative handling the sale of your property. It is also available through various legal and real estate service websites in Texas.

Common mistakes

One common mistake when filling out the Texas Residential Property Affidavit T-47 form is not checking the document's version. It's crucial to ensure the form is the most current edition, as using an outdated version can lead to processing delays or even the rejection of the affidavit. This oversight often results from a lack of awareness about revisions to the form, which are periodically made to comply with new legal requirements or policies.

Another error is failing to accurately describe the property. The T-47 form requires a detailed description of the residential property, including legal descriptions and any improvements. Mistakes in this section can lead to significant misunderstandings regarding the property's boundaries or features, potentially impacting legal proceedings or transactions involving the property.

Many individuals neglect to disclose all liens and encumbrances on the property in question. This oversight, whether intentional or accidental, can have dire financial and legal implications. Accurately reporting all encumbrances, such as mortgages or easements, is essential for the affidavit to serve its intended legal purpose. Missing information can complicate sales, refinancing activities, or other transactions related to the property.

Incorrectly filling in the ownership information section is a further mistake often seen on the T-47 form. This section is pivotal because it establishes the legal owner or owners of the property. Any discrepancies or errors in this section can cast doubt on the rightful ownership, leading to potential legal challenges or disputes over property rights.

The form must be notarized to be legally valid, and a frequent mistake is submitting the form without the necessary notarization. This process verifies the identity of the signatory and the voluntary nature of the signature, which is a legal requirement for the affidavit to be accepted by relevant parties, including governmental agencies and financial institutions.

Failing to attach required documentation is another common error. The T-47 affidavit often needs to be accompanied by additional documents, such as a valid survey. Omitting these documents can render the affidavit incomplete, jeopardizing its acceptance and the expedience of the transaction or process it is intended to facilitate.

A significant oversight is not listing all parties with a vested interest in the property. This includes not only the current owners but also any parties with a financial or legal claim or interest. Neglecting to mention these parties can result in an incomplete representation of the property’s title, affecting its transferability and clarity of ownership.

Completing the form with incorrect information due to misunderstandings or assumptions is a critical mistake. Ensuring that the data provided on the form accurately reflects the true state and conditions of the property is essential. Misrepresentations, even if unintentional, can lead to legal repercussions and undermine the integrity of the transaction or action the affidavit supports.

Lastly, procrastination in submitting the completed T-47 form by the relevant deadline can lead to unnecessary complications. Timely submission is imperative to prevent delays in property transactions or any processes requiring this affidavit. Delays can not only be costly but also have legal implications, affecting the smooth execution of property-related activities.

Documents used along the form

When engaging in real estate transactions in Texas, particularly those involving residential property, the Texas Residential Property Affidavit T-47 form is a crucial document. However, it is often accompanied by several other forms and documents to ensure the transaction is comprehensive and legally sound. Understanding these documents can provide clarity and direction through the process of buying or selling a home.

  • Warranty Deed: This document serves as proof that the seller has transferred the title of the property to the buyer. It guarantees that the seller legally owns the property, has the right to sell it, and that the property is free from all debts and liens unless otherwise specified in the deed.
  • Title Insurance Commitment: A title insurance commitment outlines the conditions under which a title insurance company will issue a title insurance policy. This document is crucial for protecting buyers and lenders against losses from defects in the title that were not discovered during the initial title search.
  • Loan Estimate: This form is provided by the lender to the buyer, usually within three days of receiving a loan application. It outlines the estimated interest rates, monthly payments, and closing costs for the mortgage, helping buyers compare different lenders and understand the financial implications of their loan.
  • Closing Disclosure: A detailed account of the financial transaction, the Closing Disclosure is provided by the lender at least three days before the closing date. It finalizes the loan terms, closing costs, and other transaction details, allowing buyers to confirm they are receiving the terms they agreed to.
  • Survey: Similar to the T-47 affidavit, which often summarizes the findings of a survey, the actual survey document maps the property's boundaries, improvements, easements, and any encroachments. It provides a visual layout of the property, which is essential for understanding any limitations or issues.
  • Home Inspection Report: While not always required, a home inspection report is invaluable. It assesses the condition of the property's structure and systems (like heating, plumbing, and electrical). Buyers often use this report to negotiate repairs or adjustments in the purchase price.

Together with the Texas Residential Property Affidavit T-47 form, these documents form a comprehensive dossier that protects all parties involved in a real estate transaction. Navigating through these documents can be complex, but understanding their purpose and how they interconnect can significantly demystify the process of buying or selling residential property in Texas.

Similar forms

The Texas Residential Property Affidavit T-47 form is akin to the Seller's Disclosure Notice. Both documents are crucial in Texas residential real estate transactions, where sellers are required to disclose the condition of the property to potential buyers. The Seller's Disclosure Notice involves listing known defects and various conditions of the property, which parallels the T-47 form's purpose of attesting to certain facts about the property's boundaries, improvements, and alterations, although the T-47 specifically compliments a title insurance policy.

Another document similar to the Texas Residential Property Affidavit T-47 form is the General Warranty Deed. This deed is a legal document used in real estate transactions to transfer ownership of a property. It guarantees that the seller holds clear title to a piece of real estate and has a right to sell it. Similar to the T-47 form, it provides a layer of protection for the buyer, but it focuses more on the legality of the property's title rather than the property's physical condition.

The Residential Real Estate Listing Agreement is also related to the T-47 form. This agreement is a contract between a seller and a real estate agent or broker, authorizing them to represent the seller in the sale of a property. While the Listing Agreement concerns the terms under which the property will be marketed and sold, including the agent's rights and obligations, the T-47 form complements this process by ensuring that the property's physical aspects are accurately represented, particularly to the title company and potential buyers.

The Survey Declaration, often required in real estate transactions, closely resembles the Texas Residential Property Affidavit T-47 form. Both documents require a declaration about the state of the property. The Survey Declaration specifically asks for a detailed depiction of the property's boundaries and structure locations. Similarly, the T-47 form is used when an existing survey is utilized to inform the title company about any changes to the property that may not be depicted in the accompanying survey.

Comparable to the Texas Residential Property Affidavit T-47 form, the Home Inspection Report provides detailed information regarding the condition of a property. The Home Inspection Report, prepared by a professional home inspector, outlines the physical condition of the property and highlights any repairs that may be necessary. While the T-47 form confirms specific known conditions related to the property's survey and structural alterations, the Home Inspection Report focuses more broadly on the property's overall physical state.

The Homeowners' Association (HOA) Resale Certificate shares similarities with the T-47 form. In Texas, this certificate is provided during the sale of a property within an HOA-managed community. It outlines the HOA dues, regulations, and the property's standing within the community. Like the T-47 form, it offers crucial information to the buyer about external factors that may influence their ownership, but it focuses on community governance and financial obligations instead of property conditions.

Lastly, the Title Commitment document parallels the Texas Residential Property Affidavit T-47 form in its role in the real estate transaction process. The Title Commitment outlines the terms, conditions, and requirements for issuing a title insurance policy. It identifies any recorded defects, liens, or encumbrances on the property's title. While the Title Commitment provides a thorough background on the legality of the property's title, the T-47 form assists in disclosing the current physical state of the property as it pertains to the survey and any modifications since the last survey was conducted.

Dos and Don'ts

When dealing with the Texas residential property affidavit, known as the T-47 form, it's essential to handle the process with care and precision. This document, often required during real estate transactions, provides a sworn statement about the condition and specifics of a property. Here are some dos and don’ts to consider when filling out this crucial form:

Do:
  1. Review the entire form before filling it out. Understanding what information is required helps to ensure that all necessary details are provided accurately.
  2. Provide detailed answers. When the form asks for specifics about the property, being thorough in your responses ensures that the affidavit presents a complete picture of the property's condition and history.
  3. Consult with professionals if needed. If there are questions or sections of the form that are unclear, don’t hesitate to seek guidance from real estate professionals or legal advisors familiar with Texas property laws.
  4. Sign and date the form in the presence of a notary public. This step is crucial for the affidavit to be considered valid and legally binding.
Don't:
  1. Leave sections blank. If a section does not apply to your situation, it’s better to note that it's not applicable than to leave it empty. Blank sections may raise questions or concerns from the receiving party.
  2. Guess on specifics or measurements. Providing accurate information is key. Guessing can lead to misinformation which might affect the transaction or future disputes regarding the property.
  3. Omit known property issues. It's important to disclose any known defects or issues with the property. Failure to disclose such information can lead to legal problems in the future.
  4. Rush through the process. Taking your time to fill out the form correctly is important. Mistakes or omissions due to rushing can have significant repercussions.

When handled properly, the T-47 form serves as a critical document in the real estate transaction, offering peace of mind and legal protection for all parties involved. Paying careful attention to the details and requirements can make a significant difference in the process.

Misconceptions

The Texas residential property affidavit, commonly known as the T-47 form, often faces misinterpretations that can lead to confusion among homeowners and buyers. Here are eight common misconceptions explained to shed light on the document's purpose and requirements.

  • It's mandatory for all property transactions: A common misconception is that the T-47 form is required for every single property transaction in Texas. In reality, its necessity is dictated by the title company handling the sale and the type of property involved. It's often used in conjunction with a survey to verify the property's boundaries and improvements.

  • It replaces the need for a survey: Many people mistakenly believe that filling out a T-47 affidavit negates the need for a new survey. However, the form is actually intended to be used alongside a current survey. It helps to affirm that no changes have been made to the property that would alter the survey's accuracy.

  • It's a simple form with no legal implications: Despite its appearance as a straightforward document, the T-47 carries significant legal weight. By signing the affidavit, the homeowner attests to the accuracy of the information provided, which can have legal consequences if found to be false.

  • Anyone can fill it out: While it might seem like anyone familiar with the property can complete the affidavit, it must be filled out by the seller or the owner of the property. Their firsthand knowledge and legal standing give the document its validity.

  • The T-47 is only for residential properties: Though commonly associated with residential transactions, the T-47 form can also be applicable in certain commercial property transactions where a survey affidavit is required and no significant changes have been made to the property.

  • There’s no deadline for submission: Timing matters. Unlike some documents that can be submitted at any point during a transaction, the T-47 often has a specific deadline set by the title company or the contract under which the real estate transaction is being conducted. This deadline ensures all parties have the relevant, updated information regarding the property's boundaries and improvements.

  • Submission guarantees loan approval: A misconception exists that submitting a T-47 will facilitate or even guarantee loan approval. While it's an important document in the property transaction process, it is one of many factors lenders consider. Its main purpose is to affirm the accuracy of the property survey, not to influence loan decisions.

  • It’s the same as a title deed: Some people confuse the T-47 affidavit with a title deed. The T-47 is a sworn statement regarding the current condition and boundaries of the property, whereas a title deed is a legal document that officially records the ownership of the property. They serve very different purposes in property transactions.

Understanding these misconceptions about the Texas residential property affidavit T-47 form can help homeowners and potential buyers navigate the nuances of real estate transactions more effectively, ensuring smoother and more informed dealings.

Key takeaways

The Texas Residential Property Affidavit T-47 form is a critical document for homeowners and buyers in the state of Texas. This affidavit serves as a sworn statement about the conditions and improvements of a residential property. Understanding how to properly fill out and utilize this form is essential for ensuring a smooth real estate transaction. Here are four key takeaways to keep in mind.

  • Timeline is crucial: The T-47 form must be completed and notarized before or at the same time as the survey it's attached to is finalized. This ensures the information provided is current and accurately reflects the property's condition at the time of the sale or refinancing.
  • Accuracy matters: When filling out the T-47 form, it's vital to provide detailed and accurate information about the property's boundaries, improvements, and any changes since the last survey. Incorrect information can lead to disputes or complications in the transaction process.
  • Notarization is required: For the document to be legally valid, it must be notarized. This step verifies the identity of the person signing the affidavit and confirms that the statement was made willingly and under oath.
  • It supports the survey: The T-47 affidavit complements the property survey by providing a written account of any alterations, easements, or discrepancies not evident in the survey itself. This dual approach offers a comprehensive overview of the property's status, which is beneficial for both the seller and the buyer.

Completing the Texas Residential Property Affidavit T-47 with diligence and care is an important part of the property transaction process. By following these key points, parties involved can ensure a more accurate and legally sound exchange.

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