What is The Property Affidavit That the Buyer is Requesting?


The property affidavit addresses any permanent changes made to the property, or to adjoining properties that encroach on the subject property - OR - confirms that no changes have been made. With a property affidavit the title company and/or lender can decide whether or not to accept the existing survey.


T-47 Residential Real Property Affidavit



In the Texas Real Estate Commission's One to Four Family Residential Contract, Paragraph 6 deals with Title Policies and Surveys.


6C: Instructs the escrow officer who to charge for the survey if applicable.  


 


SELLERS BEWARE: If 6C(1) is marked and you do not provide the survey AND a notarized T-47 Residential Real Property Affidavit, the buyer can obtain a new survey at YOUR expense.  Make sure that you can put your hand on the copy of the survey, and that you can get a notarized T-47 within the time frame requested, before you agree to this!


 

Another item of note at 6C(1) is who is responsible for payment of a new survey should the title company or lender not accept the one provided with the affidavit.


 

6C(2) If marked, states that the buyer will pay for a new survey within a specified amount of time.


 

6C(3) If marked, states that the seller will pay for a new survey within a specified amount of time.


So... to reiterate, the property affidavit addresses any permanent changes made to the property, or to adjoining properties that encroach on the subject property - OR - confirms that no changes have been made.


 

What is The Property Affidavit That the Buyer is Requesting?


Joni Staples, Broker Associate BHGHRE-AP (936) 650-9017 Copyright (C) Joni Staples     (936) 650-9017  www.HuntsvilleHomeSource.com

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Star Posted by Joni Staples ♥ (936) 650-9017 on 06/04/2012 03:01 PM   Comments (24)   Seller Tips in the Home Selling Channel   faq  
Originally posted at: Living Lake Livingston!: What is this Property Affidavit that the buyer is requesting?
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24 Comments on What is this Property Affidavit that the buyer is requesting?

20 Most Recent Comments Displayed Show All

JUN
04
510,524 Points 20 Featured Posts Outside Blog Called Shot Master

Hi Joni,  great information for your people to know about real estate.  Hope you are having a great day!
4:42pm • #5
1,221,596 Points 79 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

Hi Joni,

I've sold 2 properties from the same listing agent and both times he failed to get me the T-47 for my buyer within the time frame and his seller bought my buyer a new survey!! Never ceases to amaze me..lack of organizational skills!!
6:34pm • #6
864,061 Points 18 Featured Posts Localism Sponsor Attended Rain Camp Called Shot Master

I had not heard of this.  Interesting.. We don't have anything like that in New Hampshire.
7:22pm • #7
873,513 Points 48 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Thank you, Pat!

Roy: Thank you for the lovely flowers! ☺

Thanks, Sarah! I appreciate your support! ♥

Anita: Thanks! They must be common. I wondered if other states had them when I was writing this.

Will: Just got home from VBS. It was a great day! Hope yours was as well!

Dorie: OH NO! Wow. I bet the seller's were not very happy about that. Yikes!

Joan: I wondered if other states had these. It's always interesting to hear what other states do.
7:24pm • #8
462,437 Points 2 Featured Posts Outside Blog

I've never heard of this at all. A little confusing but I could deal with it.
7:56pm • #9
609,924 Points 40 Featured Posts Outside Blog Called Shot Master

Joni, great information for home buyers and sellers in Texas and most states which require a survey.  
7:59pm • #10
465,900 Points 50 Featured Posts Called Shot Master

I never heard of this either. If we are supposed to be using them in CA I haven't been!! LOL ! Interesting how states differ. Thanks for your post today, Joni!
8:00pm • #11
342,627 Points 12 Featured Posts Localism Sponsor Called Shot Master

Joni - Excellent explanation.   If the seller's Realtor isn't on the ball, the seller will probably end up buying a survey.
8:02pm • #12
873,513 Points 48 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Robert: Michigan must not have this. 

Juli: Do you have a form like this in Arizona?

Pamela: You would know it if you were supposed to be using it. Dorie's comment (#7) is how some agent's found about it when it first came out. OUCH!

Pam: To be fair to other agents, it could be the seller's fault as easily as the agent's. We had one that thought that they knew exactly where their survey was and then could not put their hands on it by the deadline. :(

So... this is a good practice to follow:  If a seller can not prvide the survey and sign the affidavit at the time that they execute the contract, I have them initital at paragraph 6 C 1 right by bold type explaining that they will have to furnish the buyer with a new survey. There is no doubt that they understand their responsibility.
8:36pm • #13
1,348,064 Points 41 Featured Posts Outside Blog Attended Rain Camp Called Shot Master
Joni - It's always interesting to see the different forms and rules in different places for real estate.
10:43pm • #14
JUN
05
392,481 Points 5 Featured Posts Outside Blog Attended Rain Camp

Joni, interesting disclosure from the great state of TX.  I always like to think of what caused this to become law...
8:45am • #15
299,808 Points 7 Featured Posts Outside Blog Attended Rain Camp

Hi Joni, great explanation and shows the importance of having a knowledgeable, local agent familiar with these forms.
8:46am • #16
416,518 Points 13 Featured Posts Called Shot Master

looks like the surveyors must have a great lobby in Texas, getting hired to survey the same property over and over due to a checkbox in the real estate forms.
9:54am • #17
761,233 Points 61 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Another great tutorial by Joni!  Great post and feature Miss Joni!
10:18am • #18
1,307,860 Points 65 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Joni  Great tutorial explaining one of the important aspects of real estate in Texas
11:08am • #19
1,341,864 Points 71 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Thanks for this information on another phase of the process that takes place in Texas, Joni.
11:33am • #20
701,350 Points 9 Featured Posts Outside Blog Called Shot Master

Joni,

Congrats on getting featured and you nailed the explantion perfectly. I can not tell you how many Realtors I have run into who have no idea what a T-47 form is and what it is used for!!

1:09pm • #21
396,963 Points 17 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Great details. Certainly a GOLD STAR winner! I recently had this question when the buyer was using our company for financing and they were buying a FSBO. This post would have been great to forward on. :-)
1:50pm • #22
547,229 Points 9 Featured Posts Outside Blog Called Shot Master

Joni:

I am happy that we in California do not have to provide this disclosure.  We have enough as it is.  Thanks for explaining the document.
2:04pm • #23
873,513 Points 48 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Christine: I agree, it is interesting. Some things I would like to adopt, and some I am glad we do not have. HA!

Gary: It is not law. The affidavit is only requried  if  box 6 C (1) is marked on the contract. 

Thank you, Sandy!

Bob: The box does not have to be checked. It is simply an option. Actually, the whole point of the affidavit is to try to be able to use an existing survey and not have to order a new one.

Paula and Karen: Thank you!

Barbara-Jo: You're welcome! ☺

Bob: That happens to us a lot too!

John: Thank you! Forward it any time! :)

Evelyn: This is not a requirement. It is only required if box 6 C (1) is marked and the hope is to be able to use an existing survey and not have to order a new one.... Saving both time and money.

 

 
10:11pm • #24

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Huntsville, TX

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