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Blank Texas residential property affidavit T-47 PDF Form

The Texas Residential Property Affidavit T-47 form is a crucial document utilized in real estate transactions within Texas. This form is completed by sellers to disclose the condition of the property, offering a comprehensive overview of any known issues or defects. For those looking to sell or buy residential property in Texas, understanding and properly filling out this form is essential. Click the button below to learn more about how to correctly fill out the form.

Content Overview

Navigating the sale or purchase of a home in Texas involves various important steps and documents, one of which is the Texas Residential Property Affidavit, commonly known as the T-47 form. This legally binding document serves as a complement to the title insurance process, providing a detailed declaration by the seller regarding any known issues or alterations to the residential property that might affect its value or legality. Essentially, it offers a snapshot of the property's current condition and its history, ensuring transparency and protecting both parties involved in the real estate transaction. Given its significance, it's critical for homeowners and prospective buyers to understand the major aspects of the T-47 form, including when and how it should be completed, and the potential implications of the declarations made within it.

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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

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Form Specifications

Fact Name	Description
Purpose of the T-47 form	This form is an affidavit used in Texas to complement a title insurance policy, enabling the disclosure of any improvements, easements, or other significant factors affecting residential property.
Governing Law	The T-47 form is governed by Texas property and insurance law, specifically under the Texas Administrative Code and the Texas Insurance Code which oversee residential property transactions and title insurance.
Required Attachment	It must be attached to a Title Commitment and a survey of the property no older than one year, unless the title company agrees to accept an older survey.
Who Must Sign	The property owner or a person with personal knowledge of the property details is required to sign the affidavit, attesting to the accuracy of the information provided.
Notarization Requirement	For the affidavit to be valid, it must be notarized. This means a notary public must witness the signing of the document, confirming the identity of the signer.
Impact on Real Estate Transactions	Providing a completed T-47 form can streamline the process of obtaining title insurance by disclosing the current condition and any known issues with the property, which may affect the transaction's progress.

Texas residential property affidavit T-47: Usage Guidelines

Filling out the Texas Residential Property Affidavit, known as the T-47 form, is a critical step for homeowners in Texas looking to detail the condition and features of their property. This affidavit is especially important in transactions, as it provides a formal statement regarding the physical state and legal status of the property in question. Ensuring accuracy and completeness when filling out this form cannot be stressed enough, as it helps in preventing future legal issues and simplifies real estate transactions. Here are the comprehensive steps needed to accurately complete the T-47 form.

Identify the Preparer: The person completing the form should provide their name, address, and contact information at the top of the document. This ensures there is a clear point of contact for any queries related to the affidavit.
Property Information: Enter the full address of the property, including the county. Providing the legal description found in your deed or title documents is also essential for precise identification of the property in question.
Date of Preparation: Mark the date when the affidavit is being filled out. This date is crucial as it indicates the information's relevancy and timeliness.
Ownership and Occupancy: Indicate the ownership status and whether the owner is occupying the property. This section may require checking the appropriate boxes or filling in the duration of occupancy by the current owner.
Accessories and Improvements: List all the significant fixtures, non-tangible items, and improvements made to the property. Be specific; include items such as built-in appliances, security systems, and any renovations or additions.
Survey Document Reference: If you are attaching a survey, ensure you reference the date of the survey, the surveyor's name, and the attached survey's identification number. This information helps in cross-referencing the affidavit with the detailed survey report.
Declaration of Survey Accuracy: This is where you attest to the accuracy of the survey and the current status of the property boundaries, improvements, and any variances from the attached survey. Your signature legally binds you to the statement, underscoring the importance of honesty in this section.
Notarization: Once the form is complete, it must be signed in the presence of a notary public. The notary will fill out their section, officially notarizing the document. Ensure that all information is reviewed and correct before this step, as any changes post-notarization may require a new affidavit.
Submission: Follow the instructions provided by the real estate transaction coordinator for submitting the completed and notarized T-47 form. The typical process involves delivering the original document to the title company or the requesting legal representative.

Upon completion, the Texas Residential Property Affidavit T-47 form plays a pivotal role in real estate transactions, serving as a legal assertion of the property's condition and features. Thoroughness and accuracy in filling out this document pave the way for a smoother transaction, highlighting the significance of each step in this process.

Your Questions, Answered

What is the Texas Residential Property Affidavit T-47 form?

The Texas Residential Property Affidavit T-47 form is a document that homeowners in Texas use when selling their property. It serves as a sworn statement detailing the condition of the property at the time of sale. Essentially, it complements the Seller's Disclosure Notice, providing additional assurance to the buyer about the property's status.

When do I need to complete the T-47 form?

This form is typically required when you are selling a residential property in Texas. It must be completed and notarized before closing the sale. The title company or your real estate agent can inform you if submitting a T-47 form is necessary for your transaction.

What information do I need to fill out the T-47 form?

To accurately complete the T-47 form, you will need information about the age, size, and layout of your property. Additionally, you should report any known defects or malfunctions in the property's systems and structures. It's crucial to be honest and thorough to avoid legal complications down the line.

Do I need a professional to help me complete the T-47 form?

While it is possible to fill out the T-47 form on your own, consulting with a real estate professional or a lawyer can ensure accuracy and completeness. They can guide you through the process and help identify any issues that should be disclosed.

Can I amend the T-47 form after it has been submitted?

If you discover a mistake or need to update information after the form has been submitted, you should immediately inform the buyer and provide an amended T-47 form. This helps maintain transparency and trust in the transaction.

What are the legal consequences of not disclosing information on the T-47 form?

Failing to disclose known defects or providing false information on the T-47 form can lead to legal disputes and financial liabilities. The buyer may have grounds to seek compensation for undisclosed defects discovered after the sale.

Where can I find a T-47 form?

The Texas Residential Property Affidavit T-47 form is available from the Texas Real Estate Commission's website or through your real estate agent or title company. They can provide you with the latest version of the form and guidance on how to complete it.

Common mistakes

Filling out the Texas residential property affidavit, commonly known as the T-47 form, is a critical step in many real estate transactions within the state. However, individuals often encounter pitfalls during this process, which can lead to complications or delays. Understanding these mistakes and how to avoid them is key to ensuring a smoother transaction. Here are ten common errors made when completing the T-47 form:

Not reviewing the most current form version - The Texas Real Estate Commission occasionally updates the form, and using an outdated version can invalidate the affidavit.
Failing to provide complete information about the property - It's vital to accurately describe the property, including all structures and improvements.
Omitting details about previous inspections - If the property was previously inspected, those reports and their outcomes must be disclosed.
Misunderstanding the term "accessory units" - Not correctly identifying or failing to declare accessory units like guest houses or detached garages can lead to misrepresentation of the property.
Incorrectly stating the property’s boundary lines - Inaccurate representation of the property's boundaries can lead to legal disputes.
Overlooking the need for notarization - The T-47 affidavit must be notarized to be legally binding; skipping this step renders the document unofficial.
Assuming all repairs were minor - Even small repairs can significantly impact the property's condition; all should be disclosed, regardless of size.
Forgetting to date the affidavit - The document must be dated to verify its relevancy and accuracy based on the surrounding circumstances at that time.
Neglecting to discuss the affidavit with a real estate professional - Experienced professionals can provide guidance and ensure that all necessary disclosures are made.
Leaving sections incomplete - Every section of the form must be filled out. Blank areas can lead to misunderstandings or the assumption of inaccurate information.

To avoid these common missteps, individuals should:

Always ensure they are using the latest version of the T-47 form.
Thoroughly review the entire document before submitting, ensuring no sections are overlooked.
Seek advice from a knowledgeable real estate professional or attorney, especially when unsure about how to accurately complete the form.
Consider the impact of all repairs and modifications made to the property and disclose them accordingly.
Remember the importance of notarization to ensure the affidavit is legally recognized.

By paying careful attention to the completion of the T-47 affidavit, property owners can help protect themselves from potential legal issues and contribute to a transparent, straightforward real estate transaction.

Documents used along the form

In Texas, the residential property affidavit T-47 form is a crucial document often used in the process of buying or selling a home. It serves as a declaration by the seller of the property's condition, including any modifications, improvements, or repairs. Accompanying this form, several other documents are commonly required to ensure a smooth property transaction. These documents cater to different aspects of the sale, from legal compliance to financial arrangements.

Promissory Note: This is a financial document where the buyer promises to pay a certain amount to the seller or lender under specific terms. It outlines the loan details for property purchase.
Deed of Trust: A legal document that secures a real estate transaction, it grants a trustee the authority to hold the property's title until the buyer fulfills the terms of the promissory note.
Warranty Deed: This deed transfers property ownership from the seller to the buyer, guaranteeing that the seller holds a clear title to the property.
Title Insurance Policy: Offers protection to the buyer and lender against losses due to title defects, ensuring that the seller has the legal right to sell the property.
Seller's Disclosure Notice: A statement that the seller provides, detailing the known condition of the property, including any known defects or malfunctions.
Loan Estimate and Closing Disclosure: These documents, provided by the lender, outline the costs involved in the mortgage process. The Loan Estimate gives an initial overview, while the Closing Disclosure offers detailed closing costs.
Home Inspection Report: Conducted by a professional inspector, this report assesses the condition of the property, identifying any potential issues that may affect its value or safety.
Property Survey: This document outlines the property's legal boundaries, improvements, and easements, clarifying the parcel’s physical dimensions.
Flood Zone Statement: Identifies if the property is in a flood zone, impacting insurance requirements and informing the buyer of potential risks.

These documents, when collectively prepared and reviewed alongside the Texas residential property affidavit T-47 form, provide a comprehensive framework that supports the legal and financial aspects of property transactions. They ensure clarity and protection for all parties involved, making the process of buying or selling residential property in Texas more straightforward and secure.

Similar forms

Warranty Deed: This document is used to officially transfer property from a seller to a buyer, ensuring the seller holds a clear title. Like the T-47, it provides assurance about the status of the property, albeit in a more final sale context.
Quitclaim Deed: This deed transfers any ownership the seller (grantor) might have in the property without any guarantee of a clear title, similar to the T-47 in its function of altering ownership rights, but without the warranty aspects.
General Warranty Deed: Similar to a Warranty Deed, it guarantees the buyer that the seller holds the title free and clear of liens. The parallel with the T-47 lies in the conveyance and assurance concerning the property's title.
Special Warranty Deed: This document also facilitates property transfer from seller to buyer but only guarantees against title defects or encumbrances during the seller's ownership period. Like the T-47, it speaks to the condition of the property’s title, albeit in a more restricted manner.
Title Insurance Policy: Offering protection to buyers and lenders against loss due to title defects, liens, or other similar matters. It's akin to the T-47 in its role of providing security about the title's condition.
Loan Estimation and Closing Disclosure Forms: These forms provide detailed information about a mortgage that a buyer is undertaking. They relate to the T-47 by being critical documents in the process of residential property transactions, focusing on financial aspects.
Property Disclosure Statement: Sellers use this form to disclose known issues with a property, which might affect its value. It's similar to the T-47 in that it provides crucial information about the property, although focusing more on physical condition than title status.
Survey Declaration and Authorization: This document is used to authorize a survey of the property, paralleling the T-47 affidavit's role in affirming conditions related to the property, such as encroachments or boundary disputes.
Homeowner’s Association (HOA) Disclosure: This provides details on the HOA’s rules, fees, and assessments. It parallels the T-47 in offering critical information to potential buyers about conditions affecting residential property ownership.
Real Property Transfer Declaration: Used in some jurisdictions to report the sale of property to governmental authorities, it relates to the T-47 by involving the conveyance of information crucial for the legal processing of property ownership changes.

Dos and Don'ts

The Texas residential property affidavit T-47 form is an essential document for homeowners in Texas, especially when dealing with property transactions. It requires detailed attention to ensure the information provided is accurate and truthful. Here are several dos and don'ts to follow when filling out this form.

Do thoroughly read the entire form before you begin filling it out. Understanding every section ensures that you provide accurate and complete information.
Do gather all necessary documents related to your property in advance. This includes your deed, any previous survey documents, and reports of any changes made to the property.
Do use black ink or type your responses if the form allows. This ensures clarity and legibility, making it easier for officials and other interested parties to review.
Do sign and date the form in front of a notary public. The affidavit requires notarization to attest to the veracity of the information provided.
Do not leave any fields blank. If a section does not apply to your situation, it is better to note it as "N/A" (not applicable) rather than leaving it empty.
Do not guess or estimate answers. Inaccuracies can lead to legal complications. If you do not know specific details, it is better to consult with a professional or check official documents.
Do not alter the form in any way. Modifying the T-47 form can result in it being rejected or causing legal issues down the line. If additional information is necessary, attach a separate, clearly labeled document.

Misconceptions

The Texas Residential Property Affidavit T-47 form, often required during the real estate transaction process, is surrounded by misconceptions. Understanding these misconceptions is crucial for anyone involved in buying or selling property in Texas. Below are six common misconceptions about the T-47 form and clarifications to help dispel these misunderstandings.

It's Just a Formality: Many believe that the T-47 form is merely a procedural step without significant legal implications. However, this form requires the seller to provide a notarized affidavit attesting to the accuracy of the property's boundary lines, improvements, and any known encroachments. This document plays a critical role in the title examination process, helping to protect the buyer from future property disputes.
It's Optional: Another misunderstanding is that the T-47 form is optional. While its necessity may vary with each transaction, in most cases, title companies in Texas require this form to be completed and notarized for the title insurance policy to be issued. Failing to provide a completed T-47 can delay or jeopardize the transaction.
No Need for a Survey: Some people mistakenly think that submitting a T-47 affidavit negates the need for a current survey of the property. The T-47 should accompany a survey, and together, they provide a comprehensive view of the property's current condition. The T-47 reflects the seller's knowledge of any changes to the property since the last survey.
Legal Representation Is Required: There's a misconception that completing the T-47 form requires legal representation. While consulting with a real estate attorney can provide valuable guidance and ensure that all disclosures are accurately reported, the seller can complete and notarize the form without an attorney's help. Notarization confirms the seller's identity and the affidavit's veracity, not the document's legality or accuracy.
Any Notary Can Notarize the Form: While it's true that any legally authorized notary public can notarize documents, it's essential to ensure that the notarization follows Texas state guidelines. Different states may have varying requirements for notarization, and a notary familiar with Texas laws can help ensure the process complies with state-specific regulations.
Once Notarized, It Cannot Be Changed: There's a belief that once the T-47 affidavit is notarized, no changes can be made to it. If inaccuracies or omitted information are discovered after notarization, it is possible to amend the affidavit. However, any amendments require a new notarization to validate the changes and the seller's acknowledgment of them.

Clearing up these misconceptions can help sellers and buyers navigate the complexities of real estate transactions in Texas with a better understanding of the T-47 form's purpose and requirements. Always ensure that you are working with knowledgeable professionals who are familiar with state-specific documentation and legal procedures.

Key takeaways

Navigating through the process of filling out the Texas Residential Property Affidavit (T-47 form) can seem complicated, but it doesn't have to be. Whether you're a homeowner or a real estate professional, understanding the essentials of this document can streamline real estate transactions. Below are eight key takeaways for effectively filling out and using the T-47 form:

Understanding the purpose: The T-47 affidavit is used in conjunction with a title insurance policy, providing a statement by the seller regarding any improvements, constructions, or alterations made to the property. It is essentially a declaration that helps verify the condition and legal status of the property.
Timing is crucial: This form should be completed and notarized before closing on a property. It's important to ensure that the information is as accurate and up-to-date as possible to avoid any legal complications.
Notarization is required: For the T-47 affidavit to be legally binding, it must be signed in the presence of a notary public. This step validates the identity of the signer and their agreement to the statements within the document.
Complement to the survey: Often, the T-47 is used in conjunction with a survey of the property. It confirms that the survey provided is accurate and reflects any changes to the property since the survey date. If there have been significant changes, a new survey may be required.
Disclosure of improvements and changes: The form includes sections for disclosing any improvements, alterations, or additions to the property. Sellers should be thorough and honest in these disclosures to prevent future disputes.
Legal implications: Submitting a T-47 affidavit with false or misleading information can have legal consequences. It's critical for sellers to verify all information provided in the document before submission.
Benefit to buyers: For buyers, the T-47 can provide reassurance about the property's current state and any changes made during the seller's ownership. It helps in making an informed purchase decision.
Part of the title insurance process: Title companies often require a T-47 affidavit as part of the title insurance application process. It can affect the issuance of the title policy, thereby influencing the closing process of the property transaction.

By keeping these key points in mind, both sellers and buyers can navigate the process of completing and submitting the Texas Residential Property Affidavit more confidently and efficiently. Always remember to consult with a real estate professional or attorney if you have any doubts or questions regarding the T-47 form or its implications.