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The Texas residential property affidavit T-47 form plays a crucial role in real estate transactions, particularly in the context of residential properties. This document serves as a declaration by the seller, affirming the status of the property and disclosing any pertinent information regarding its condition. Typically, it includes details about the property's boundaries, improvements, and any existing liens or encumbrances. The T-47 form is often required by title companies to ensure a clear title transfer and to protect the interests of both buyers and sellers. It helps clarify any potential disputes over property lines and provides a written record of the seller's assertions about the property. By utilizing this form, parties involved in a real estate transaction can facilitate a smoother process, reducing the risk of future legal complications. Understanding the implications and requirements of the T-47 form is essential for anyone engaged in buying or selling residential real estate in Texas.
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Dos and Don'ts
When filling out the Texas residential property affidavit T-47 form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.
- Do read the instructions carefully before starting the form.
- Do provide accurate and complete information.
- Do sign and date the form where indicated.
- Do keep a copy of the completed form for your records.
- Do submit the form to the appropriate authority in a timely manner.
- Don't leave any required fields blank.
- Don't use white-out or any correction fluid on the form.
- Don't submit the form without reviewing it for errors.
- Don't forget to check for any specific local requirements that may apply.
Texas residential property affidavit T-47 Sample
(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
Listed Questions and Answers
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What is the Texas residential property affidavit T-47 form?
The T-47 form is a residential property affidavit used in Texas. It serves to confirm the ownership and details of a residential property. This form is often required during real estate transactions, especially when a title company needs to verify property information.
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Who needs to complete the T-47 form?
Typically, the current property owner or seller must complete the T-47 form. It is essential for anyone involved in a real estate transaction who needs to provide proof of ownership or clarify property details.
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When should the T-47 form be submitted?
The T-47 form should be submitted during the closing process of a real estate transaction. It is advisable to complete the form as early as possible to avoid delays in the closing process.
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What information is required on the T-47 form?
The form requires details such as the property address, the name of the current owner, and any other relevant information about the property. It may also ask for specifics regarding any improvements or changes made to the property.
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Is the T-47 form legally binding?
Yes, the T-47 form is a legally binding document. By signing it, the property owner affirms that the information provided is accurate to the best of their knowledge. Misrepresentation can lead to legal consequences.
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Can the T-47 form be amended after submission?
Once submitted, any changes to the information on the T-47 form should be communicated to the title company or relevant parties immediately. Amendments may require a new affidavit to be completed.
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Where can I obtain a T-47 form?
The T-47 form can be obtained from various sources, including title companies, real estate agents, or online legal document services. Ensure that you are using the most current version of the form.
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What happens if I do not submit the T-47 form?
Failure to submit the T-47 form may delay the closing process or raise concerns about the property’s ownership. This could lead to complications in the transaction, including potential legal disputes.
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Do I need a lawyer to complete the T-47 form?
While it is not mandatory to have a lawyer complete the T-47 form, consulting with a legal professional can provide clarity and ensure that all information is accurate and complete.
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What should I do if I have questions about the T-47 form?
If you have questions regarding the T-47 form, consider reaching out to a title company or a real estate professional. They can provide guidance and assist you in understanding the requirements and implications of the form.
Form Overview
| Fact Name | Description |
|---|---|
| Purpose | The T-47 form is used in Texas to provide a sworn statement regarding the property's boundaries and improvements. |
| Governing Law | The form is governed by Texas Property Code Section 5.008. |
| Use in Transactions | It is commonly required in residential real estate transactions to confirm property details. |
| Affiant | The individual who completes the form is referred to as the affiant. |
| Signature Requirement | The affiant must sign the form in front of a notary public. |
| Disclosure of Improvements | The form requires disclosure of any improvements made to the property. |
| Boundary Description | Affiants must describe the property boundaries accurately. |
| Impact on Title Insurance | Submitting a T-47 form can affect title insurance coverage and underwriting. |
| Validity Period | The T-47 form remains valid for a limited time, typically 90 days from the date of signing. |
| Common Mistakes | Errors in boundary descriptions or failing to notarize can lead to complications. |