WEST'S®
TEXAS
FORMS
VOLUME 13
REAL PROPERTY
By
GERRY W. BEYER
Professor of Law, Saint Mary's University
of San Antonio, Texas
Sections 1.1 to 9
.....
..
WEST
GROUP
A THOMSON COMPANY
2001
WEST'S®
TEXAS
FORMS
VOLUME 14
REAL PROPERTY
By
GERRY W BEYER
. Professor of Law, Saint Mary's University
of San Antonio, Texas
. Sections 9.1 to 13
...
..
WEST
GROUP
A THOMSON COMPANY
2001
WEST'S®
TEXAS
FORMS
VOLUME 15
REAL PROPERTY
By
GERRY W BEYER
Professor of Law, Saint Mary's University
of San Antonio, Texas
Sections 14.1 to End
...
..
WEST
GROUP
A THOMSON COMPANY
2001
TABLE OF CONTENTS
Volume 13
PART I. CONTRACTS TO BIND REAL PROPERTY
TRANSACTIONS
CHAPTER 1. PREPARATION FOR REAL PROPERTY
TRANSACTIONS
Sec.
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
Preparation by Attorneys for Real Estate Transactions
Preparation by Attorney to Represent Seller or Lessor
Preparation by Attorney to Represent Seller or Lessor-Information Disclosed by Deeds
Preparation by Attorney to Represent Seller or Lessor-Information Disclosed by Financing Documents
Preparation by Attorney to Represent Seller or Lessor-Information Disclosed by Surveys and Plats
Preparation by Attorney to Represent Seller or Lessor-Information Disclosed by Title Insurance Company Documents
Preparation by Attorney to Represent Seller or Lessor-Information Disclosed by Lease Documents
Preparation by Attorney to Represent Seller or Lessor-Information Disclosed by Brokerage Agreement
Preparation by Attorney to Represent Seller or Lessor-Zoning
Variance for Buyer's Proposed Use of Property
Preparation by Attorney to Represent Purchaser or Lessee
Preparation by Attorney to Represent Purchaser or LesseeInformation to Obtain from Purchaser
Preparation by Attorney to Represent Purchaser or LesseePreliminary Investigation of Covenants and Deed Restrictions
Preparation by Attorney to Represent Purchaser or LesseeObtaining Copy of Surveyor Plat of Property
Preparation by Attorney to Represent Purchaser or LesseeInspection of Premises
Preparation by Attorney to Represent Purchaser or LesseeExamining Outstanding Leases Before Contract of Sale
Preparation by Attorney to Represent Purchaser or LesseeMaking Purchase Contingent on Financing
Checklist-Information Preliminary to Contract of Sale
CHAPTER 2. PARTIES, SIGNATURES, AND
ACKNOWLEDGMENTS
A.
2.01
CAPACITY TO ENTER INTO REAL PROPERTY TRANSACTIONS
Person Over Age of Majority Has Adult Capacity to Contract
XlII
TABLE OF CONTENTS
Sec.
2.02
Person Over Age of Majority Has Adult Capacity to ContractMinor May Ratify Contract on Reaching Age of Majority
Person Over Age of Majority Has Adult Capacity to ContractMinor May Petition for Adult Capacity
Person Over Age of Majority Has Adult Capacity to ContractMinor Acquires Adult Capacity on Marriage
Capacity of Mentally Impaired Persons to Contract
Authority of Married Persons in Real Property Transactions
Authority of Married Persons in Real Property TransactionsAuthority of Spouse Over Separate Property
Authority of Married Persons in Real Property TransactionsAuthority of Spouse Over Community Property
Authority of Married Persons in Real Property TransactionsConsent of Both Spouses Necessary to Convey Homestead
Authority of Aliens in Real Property Transactions
Authority of Corporations in Real Property Transactions
Authority of Corporations in Real Property Transactions- Authority of Foreign Corporations in Real Property Transactions
Authority of Corporations in Real Property Transactions- Procedure for Execution of Corporate Conveyances
Authority of Partnerships in Real Property Transactions
Authority of Partnerships in Real Property Transactions- Authority of Partner to Convey Real Property
Authority of Agent in Real Property Transaction for Principal
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
B.
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
POWERS OF ATTORNEY IN REAL PROPERTY TRANSACTIONS
Texas Durable Power of Attorney Act
Texas Durable Power of Attorney Act-Commencement and Duration of Durable Power of Attorney
Texas Durable Power of Attorney Act- Application of Durable
Power of Attorney to After- Acquired Property
Texas Durable Power of Attorney Act- Recording Durable Power
of Attorney for Real Property Transaction
Texas Durable Power of Attorney Act-Good Faith Reliance on
Power Exempts Third Parties from Liability
Texas Durable Power of Attorney Act- Effect of Acts by Attorneyin-Fact or Agent During Incapacity of Principal
Texas Durable Power of Attorney Act- Effect of Affidavit that
Principal is Disabled or Incapacitated
Texas Durable Power of Attorney Act- Effect of Appointment of
Guardian of Estate of Principal on Power of Attorney
Texas Durable Power of Attorney Act- Effect of Principal's Divorce or Annulment on Power of Attorney
Texas Durable Power of Attorney Act- Effect of Principal's Revocation of Power of Attorney or Death
Texas Durable Power of Attorney Act-Effect of Affidavit of Lack
of Knowledge of Termination of Power
Texas Durable Power of Attorney Act- Construction of Power
Generally Granted by Durable Power of Attorney
XN
TABLE OF CONTENTS
Sec.
2.29
Texas Durable Power of Attorney Act- Construction of Power
Relating to Real Property Transactions
C.
2.30
2.31
2.32
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
2.41
2.42
2.43
2.44
2.45
2.46
2.47
2.48
2.49
ACKNOWLEDGMENTS AND PROOFS OF REAL PROPERTY
INSTRUMENTS
Formal Requisites for Recording Real Property Instruments
Formal Requisites for Recording Real Property InstrumentsValidity of Unrecorded Real Property Instruments
Formal Requisites for Recording Real Property Instruments- Use
of Seals or Scrolls on Real Property Instruments
Formal Requisites for Recording Real Property InstrumentsEvidentiary Effect of Recording Real Property Instruments
Acknowledgment of Real Property Instruments
Acknowledgment of Real Property Instruments-Definition of
"Acknowledged"
Acknowledgment of Real Property Instruments-Acknowledgment
Distinguished from Jurat
Acknowledgment of Real Property Instruments-Manner of Taking Acknowledgments
Acknowledgment of Real Property Instruments- Statutory Forms
for Certificates of Acknowledgment
Acknowledgment of Real Property Instruments- Proof of Identity
of Acknowledging Person
Acknowledgment of Real Property Instruments- Evidentiary Effect of Acknowledgment of Real Property Instruments
Proof of Instrument for Recording by Sworn Statement of Subscribing Witness
Proof of Instrument for Recording by Sworn Statement as to
Handwriting
Proof of Instrument for Recording by Sworn Statement as to
Handwriting- Procedure for Taking Evidence of Handwriting
in Instrument
Persons Authorized to Take Acknowledgments and Proofs of
Written Instruments
Persons Authorized to Take Acknowledgments and Proofs of
Written Instruments- Persons With Interest in Transaction
Disqualified to Take Acknowledgments
Persons Authorized to Take Acknowledgments and Proofs of
Written Instruments-Instruments Executed in United States
but Outside Texas
Persons Authorized to Take Acknowledgments and Proofs of
Written Instruments-Instruments Executed Outside United
States
Persons Authorized to Take Acknowledgments and Proofs of
Written Instruments-Instruments Executed by Armed Forces
Personnel and Spouses
Persons Authorized to Take Acknowledgments and Proofs of
Written Instruments-Persons Authorized to Take Corporate
Acknowledgments
xv
TABLE OF CONTENTS
Sec.
2.50
2.51
Record of Acknowledgments and Proofs
Statute of Limitations for Formal Defects in Real Property Instruments
D.
2.52
2.53
2.54
2.55
2.56
2.57
2.58
2.59
2.60
2.61
2.62
2.63
2.64
2.65
2.66
2.67
2.68
2.69
2.70
2.71
2.72
2.73
2.74
2.75
2.76
2.77
2.78
2.79
FORMS
Form-Statutory Durable Power of Attorney
Form-General Power of Attorney
Form-Clause Giving Power to Conduct Real Estate Transactions
Form-Clause Giving Power to Execute and Indorse Promissory
Notes
Form-Clause Giving Power to Borrow Money and Give Mortgage
or Deed of Trust
Form-Clause Giving Power to Lease Farms and Be Principal's
Agent
Form-Clause Giving Power to Erect Building
Form-Clause Giving Power to Manage Real Property
Form-Clause Giving Power To Renew Commercial Lease
Form-Clallse Giving Power to Assign Mortgage, Deed of Trust,
or Vendor's Lien
Form-Clause Giving Power to Release Mortgage, Deed of Trust
or Vendor's Lien
Form-Clause Giving Power to Collect Rent
Form-Clause Giving Power to Collect Debts Secured by Liens on
Real Property
Form-Substitution of Attorney-in-Fact
Form-Mfidavit of Shareholders' Vote and Directors' Resolution
Authorizing Sale or Lease of Corporate Property
Form-Unanimous Consent of Shareholders to Sale or Lease of
Corporate Real Property
Form-Certificate of Directors' Resolution to Sell or Lease Corporate Real Property
Form-Certificate of Directors' Resolution to Mortgage Corporate
Real Property
Form-Certificate of Resolution Appointing Attorney-in-Fact to
Handle Corporate Real Property Transactions
Form-Certificate of Resolution Ratifying and Confirming a Corporate Real Property Transaction
Form-Grantor Designations in Real Property Transactions
Form-Signature Lines in Real Property Transactions
Form-Grantee Designations in Real Property Transactions
Form-Ordinary Certificate of Acknowledgment
Form-Short Form of Certificate of Acknowledgment for Natural
Person Acting in Own Right
Form-Short Form of Certificate of Acknowledgment for Natural
Person as Principal Acting by Attorney-in-Fact
Form-Alternative Certificate of Acknowledgment by Attorney-inFact
Form-Short Form of Certificate of Acknowledgment for Partnership Acting by One or More Partners
XVI
TABLE OF CONTENTS
Sec.
2.80
2.81
2.82
2.83
2.84
2.85
2.86
2.87
2.88
2.89
2.90
2.91
2.92
2.93
2.94
Form- Alternative Certificate of Acknowledgment for Partnership
Form-Short Form of Certificate of Acknowledgment For Corporation
Form-Alternative Certificate of Acknowledgment for Corporation
Form- Short Form of Certificate of Acknowledgment For Public
Officer, Trustee, Executor, Administrator, Guardian, or Other
Representative
Form-Alternative Certificate of Acknowledgment for Representative
Form- Certificate of Acknowledgment for Sheriff
Form-Certificate of Acknowledgment for Sheriffs Deputy
Form-Certificate of Acknowledgment for Commissioner of General Land Office
Form- Proof of Acknowledgment by Subscribing Witness
Form-Proof of Handwriting by Non-Subscribing Witness
Form-Certificate of Acknowledgment Taken Before Commissioned Armed Forces Officer
Form-Jurat
Form-Witness Clause When Party to Instrument Is Blind
Form-Witness Clause When Party to Instrument Signs by Mark
Form-Witness Clause Where Interlineations and Erasures Appear in Deed
CHAPTER 3. CONTRACTS WITH BROKERS, APPRAISERS, AND
INSPECTORS
A.
3.01
3.02
3.03
3.04
3.05
3.06
3.07
3.08
3.09
3.10
3.11
3.12
CONTRACTS WITH REAL ESTATE BROKERS AND
SALESPERSONS
Introduction to Real Estate Brokers and Salespersons
Introduction to Real Estate Brokers and Salespersons-Law of
Agency Applies to Real Estate Brokers and Salespersons
Introduction to Real Estate Brokers and Salespersons-Reimbursement by Real Estate Recovery Fund
Definitions for Real Estate Brokers and Salespersons
Definitions for Real Estate Brokers and Salespersons-"Broker"
Definitions for Real Estate Brokers and Salespersons-" Certificate Holder"
Definitions for Real Estate Brokers and Salespersons- " License
Holder"
Definitions for Real Estate Brokers and Salespersons- "Real Estate"
Definitions for Real Estate Brokers and Salespersons-"Residential Rental Locator"
Definitions for Real Estate Brokers and Salespersons-" Salesperson"
Definitions for Real Estate Brokers and Salespersons-"Subagent"
License Requirements For Real Estate Brokers and Salespersons
XVII
TABLE OF CONTENTS
Sec.
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
3.27
3.28
3.29
3.30
License Requirements For Real Estate Brokers and Salespersons-What Constitutes Acting as Broker or Salesperson
Exemptions from Provisions of Real Estate License Act
Unauthorized Practice of Law by Real Estate Brokers and Salespersons
Use by License Holders of TREC Forms in Real Estate Transactions
Disclosure of Representation by Real Estate Brokers and Salespersons
Disclosure of Representation by Real Estate Brokers and Salespersons- Required Written Statement Regarding Representation
Notice to Buyer Regarding Necessity for Abstract or Title Policy
When Real Estate Broker May Act as Intermediary Between
Parties
When Real Estate Broker May Act as Intermediary Between
Parties- Prohibited Conduct for Intermediaries
Restrictions on Compensation of Real Estate Brokers and Salespersons
Restrictions on Compensation of Real Estate Brokers and Salespersons-Recovery of Sales Commission Contingent on Written
Memorandum
Brokerage Commissions for Sales of Real Property
Brokerage Commissions for Sales of Real Property-When Brokerage Commission is Earned
Brokerage Commissions for Sales of Real Property- Providing for
Payment of Brokerage Commission at Closing of Sale
Types of Real Estate Brokerage Contracts
Types of Real Estate Brokerage Contracts- Non-exclusive Brokerage Contracts
Types of Real Estate Brokerage Contracts-Sole Agent Brokerage
Contracts
Types of Real Estate Brokerage Contracts-Exclusive Agent Contracts
B. CONTRACTS WITH REAL ESTATE APPRAISERS
3.31
3.32
3.33
3.34
3.35
3.36
Introduction to Real Estate Appraisers
Definitions for Real Estate Appraisers
Certification and Licensing Requirements for Real Estate Appraisers
Certification and Licensing Requirements for Real Estate Appraisers-Prohibition Against Misrepresentation of Appraisal Credentials
Requirement for Signature or Endorsement on Appraisal
Enforcement of Appraiser Licensing and Certification Act
C.
3.37
LIENS FOR SERVICES OF COMMERCIAL BROKER
AND APPRAISERS
Introduction to Statutory Liens for Commercial Real Estate Services
XVIII
TABLE OF CONTENTS
Sec.
3.38
3.39
3.40
3.41
3.42
3.43
3.44
3.45
3.46
3.4 7
3.48
Introduction to Statutory Liens for Commercial Real Estate Services-Real Estate to Which Broker's Lien Provisions Apply
When Commercial Real Estate Commission is Payable
When Real Estate Broker Has Lien on Commercial Real Estate
When Real Estate Broker Has Lien on Commercial Real EstateWaiver and Discharge of Broker's Right to Lien
Procedure for Filing of Notice of Real Estate Broker's Lien
Procedure for Filing of Notice of Real Estate Broker's LienRequired Contents of Notice of Real Estate Broker's Lien
Procedure for Filing of Notice of Real Estate Broker's LienRequired Notice by Real Estate Broker of Filing Notice of
Broker's Lien
Procedure for Filing of Notice of Real Estate Broker's LienInception of Real Estate Broker's Lien
Priority of Real Estate Broker's Lien in Relation to Other Real
Estate Liens
Priority of Real Estate Broker's Lien in Relation to Other Real
Estate Liens-Subordination of Real Estate Broker's Lien
Enforcement of Real Estate Broker's Lien by Suit for Foreclosure
of Lien
D.
3.49
3.50
3.51
3.52
3.53
3.54
:;3.55
:3:56
3.57
3.58
3.59
CONTRACTS WITH REAL ESTATE INSPECTORS
Introduction to Inspectors of Real Property
Introduction to Inspectors of Real Property-Exemption for
Tradesmen and Repairmen
Introduction to Inspectors of Real Property-Reimbursement by
Real Estate Inspection Recovery Fund
Definitions for Inspectors of Real Property
Definitions for Inspectors of Real Property-"Apprentice Inspector"
Definitions for Inspectors of Real Property-"Inspector"
Definitions for Inspectors of Real Property-"License"
Definitions for Inspectors of Real Property-"Professional Inspector"
Definitions for Inspectors of Real Property-"Real Estate Inspection"
Definitions for Inspectors of Real Property-"Real Estate Inspector"
License Requirements for Inspectors of Real Property
E.
3.60
3.61
3.62
3.63
3.64
FORMS
Form-Contract Forms and Publications Available from TREC
Form-Information About Brokerage Services-TREC Form
Form-General Real Estate Agency Agreement With Exclusive
Agency Clause
Form-Exclusive Listing Agreement for Real Estate
Form-Clause Providing That Commission Payable Only on Consummation of Sale
XIX
TABLE OF CONTENTS
Sec.
3.65
3.66
3.67
3.68
3.69
3.70
3.71
3.72
3.73
Form-Agreement for Division of Real Estate Commission Between Brokers
Form-Clause Authorizing Broker to Employ Multiple Listing
Service
Form-Agreement Between Real Estate Developer and Broker
Form-Real Property Inspection Report-TREC Form
Form-Texas Real Estate Consumer Notice Concerning Recognized Hazards-TREC Form
Form-Questions and Answers Regarding Use of Inspection Report Forms-TREC Form
Form-Request for License or Registration History-TREC Form
Form-Information About the Complaint Proeess-TREC Form
Form-Notice Concerning Easements and Rights-of-Way-TREC
Form
CHAPTER 4. OPTION CONTRACTS FOR REAL PROPERTY
A.
4.01
4.02
4.03
4.04
4.05
4.06
OPTION CONTRACTS TO PURCHASE REAL PROPERTY
Introduction to Options Contracts to Purchase Real Property
Introduction to Options Contracts to Purchase Real PropertyConsideration for Option Contract
Writing Requirement for Option Contract to Purchase Real Property
Acceptance of Offer in Option Contract to Purchase Real Property
Assignment of Option Contract to Purchase Real Property
Use of TREC Forms by Real Estate Brokers and Salespersons
B.
4.07
4.08
4.09
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
FORMS
Form-Option to Purchase Real Property on Written Notice to
Optionor
Form-Option to Purchase Real Property by Partial Payment of
Purchase Price
Form-Option to Purchase Real Property With Liquidated Damages Clause
Form-Option to Purchase Rental Property
Form-Option to Purchase Real Property With Option Consideration Payable in Installments
Form-Option to Purchase Real Property With Right to Extend
Option Term
Form-Notice of Election to Exercise Option to Purchase Real
Property
Form-Assignment of Option to Purchase Real Property
Form-Memorandum of Option Contract to Purchase Real Estate
for Recording
Form-Option Agreement to Be Attached to Contract for Sale of
Real Property
Form-Option Clause to Be Inserted in Contract for Sale of Real
Property
xx
TABLE OF CONTENTS
CHAPTER 5. EXCHANGE OR PARTITION OF REAL PROPERTY
A.
5.01
5.02
5.03
5.04
5.05
5.06
Introduction to Exchange of Real Property
Introduction to Exchange of Real Property-Non-taxable Exchanges of Real Property
Introduction to Exchange of Real Property-Exchange of County
Property for Private Land
Introduction to Exchange of Real Property-Exchange of State
Park Property for Private Land
Use of TREC Forms by Real Estate Brokers and Salespersons
Statute of Fraud Requirements for Description of Real Property
B.
5.07
5.08
5.09
5.10
5.11
5.12
5.13
5.14
EXCHANGE OF REAL PROPERTY
PARTITION OF REAL PROPERTY
Introduction to Partition of Real Property
Suit for Partition of Real Property
Suit for Partition of Real Property-Procedure in Suit for Partition
Suit for Partition of Real Property-Appointment and Report of
Commissioners
Suit for Partition of Real Property-Effect of Partition of Real
Property
Exchange and Partition of Real Property Between Spouses
Exchange and Partition of Real Property Between SpousesEnforcement of Marital Exchange or Partition
Partition of Real Property of Decedent's Estate
C. FORMS
5.15
5.16
5.17
5.18
5.19
5.20
5.21
5.22
5.23
5.24
Form- Offer to Exchange Real Property With Attached Acceptance
Form- Contract to Exchange Real Property With "Boot"
Form- Contract for Exchange of Real Property With Escrow
Agent
Form-Deed Exchanging Real Property
Form-Contract to Partition Real Property by Arbitration
Form-Deed of Partition
Form-Deed of Partition Creating Owelty Lien
Form-Deed of Partition of Real Property Surface Only
Form- Deed Partitioning Community Property to Separate Undivided Interests
Form- Deed Partitioning Community Property into Divided Separate Property Interests
CHAPTER 6. CONTRACTS FOR SALE OF REAL PROPERTY
A.
6.01
CONTRACTS FOR SALE OF REAL PROPERTY
Introduction to Contracts for Sale of Real Property
XXI
TABLE OF CONTENTS
Sec.
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
Introduction to Contracts for Sale of Real Property-Provision for
Making Title Objections and Curing Title Defects
Introduction to Contracts for Sale of Real Property-Provision for
Purchaser Obtaining Satisfactory Financing
Introduction to Contracts for Sale of Real Property-Provision for
Payment of Expenses of Financing Purchase
Introduction to Contracts for Sale of Real Property-Use of
" Same as" Clauses in Contracts for Sale
Introduction to Contracts for Sale of Real Property-Use of Street
Numbers in Legal Descriptions
Introduction to Contracts for Sale of Real Property-Use of " Together with" Clauses in Contracts for Sale
Introduction to Contracts for Sale of Real Property-Use of "Subject to" Clauses in Contracts for Sale
Introduction to Contracts for Sale of Real Property-Provision for
Survey Facts in Contracts for Sale
Introduction to Contracts for Sale of Real Property-Provision for
Sale of Real Property "As Is"
Provision for Covenants and Restrictions in Contracts for Sale of
Real Property
Provision for Covenants and Restrictions in Contracts for Sale of
Real Property-Provision for Zoning Ordinances in Contracts
for Sale
Transfers of Real Property with Existing Mortgage Liens
Provision Making Time " of Essence" in Contract for Sale of Real
Property
Acknowledgment of Contract for Sale of Real Property
Assignment of Contracts for Sale of Real Property
Application of Uniform Vendor and Purchaser Risk Act to Contracts for Sale
Remedies for Breach of Contract for Sale of Real Property
Remedies for Breach of Contract for Sale of Real PropertyAdmissibility of Parol Evidence of Written Contract for Sale of
Real Property
B.
6.20
6.21
6.22
6.23
6.24
6.25
STATUTE OF FRAUDS
Writing Requirements for Contracts for Sale of Real Property
Writing Requirements for Contracts for Sale of Real PropertyStatute of Frauds for Agreements and Promises Concerning
Real Property
Writing Requirement for Description of Real Property in Contract
for Sale
Writing Requirement for Description of Real Property in Contract
for Sale-Examples of Contracts for Sale Not Sufficient to
Satisfy Statute of Frauds
Partial Performance of Contract as Exception to Statute of Frauds
Partial Performance of Contract as Exception to Statute of
Frauds-Examples of Partial Performance Exception to Statute
of Frauds
XXII
TABLE OF CONTENTS
Sec.
6.26
Promissory Estoppel as Exception to Application of Statute of
Fr auds
C. STATUTORY REQUIREMENTS FOR REAL PROPERTY
CONTRACTS
6.27
6.28
6.29
6.30
6.31
6.32
6.33
6.34
6.35
6.36
6.37
6.38
6.39
6.40
6.41
6.42
6.43
6.44
6.45
Use ofTREC Forms by Real Estate Brokers and Salespersons
Use of TREC Forms by Real Estate Brokers and SalespersonsTREC Requirement for Coastal Natural Hazards Disclosure
Requirement for Seller to Disclose Condition of Residential Real
Property
Requirement for Seller to Disclose Condition of Residential Real
Property-Exceptions from Property Condition Disclosure Requirement
Requirement for Seller to Disclose Condition of Residential Real
Property-Minimum Requirements for Written Notice of Property Condition
Requirement for Written Notice ill Sales of Coastal Area Real
Property
Requirement for Written Notice in Sales of Coastal Area Real
Property-Required Contents of Notice for Coastal Area Property Sales
Requirement of Notice for Property Seaward of Gulf Intracoastal
Waterway
Requirement of Notice for Property Seaward of Gulf Intracoastal
Waterway-Required Contents of Notice for Property Seaward
of Intracoastal Waterway
Requirement for Notice by Owner Regarding Additional Tax Liability
Requirement for Notice by Owner Regarding Additional Tax Liability-Required Contents of Notice of Additional Tax Liability
Requirement for Notice by Owner Regarding Additional Tax Liability-Exceptions from Requirement for Notice of Additional
Tax Liability
Requirement to Disclose Pipelines Under Unimproved Residential
Property
Requirement to Disclose Possible Future Municipal Annexation of
Property Requirement to Disclose Possible Future Municipal Annexation of
Property-Required Contents of Notice of Municipal Annexation
Requirement to Disclose Possible Future Municipal Annexation of
Property-Exceptions to Requirement to Disclose Future Annexation
Requirement for Notice by Seller of Utility District Obligations
Requirement for Notice by Seller of Utility District ObligationsTime When Notice of Utility District Obligations Must Be Given
Requirement for Notice by Seller of Utility District ObligationsNotice for Districts in Home-Rule Municipalities
XXIII
TABLE OF CONTENTS
Sec.
6.46
6.4 7
6.48
6.49
6.50
6.51
6.52
6.53
6.54
6.55
6.56
6.57
6.58
6.59
Requirement for Notice by Seiler of Utility District ObligationsNotice for Districts in Incorporated Municipalities
Requirement for Notice by Seller of Utility District ObligationsNotice for District Outside Municipalities
Statutory Requirement for Notice by Seller of Municipal Utility
District Obligations
Notice by Seller as to Certificated Service Area of Utility Service
Provider
Notice by Seller as to Certificated Service Area of Utility Service
Provider-Exceptions From Requirement for Section 13.257 Notice
Notice by Seller as to Certificated Service Area of Utility Service
Provider-Contents and Delivery of Section 13.257 Notice
Notice by Seller as to Certificated Service Area of Utility Service
Provider-Reliance on Accuracy of Information for Section
13.257 Notice
Notice by Seller as to Certificated Service Area of Utility Service
Provider-Effect of Section 13.257 Notice on Actions for Damages
Federal Requirement for Residential Lead-Based Paint Hazards
Disclosure
State Regulation of Home Solicitations of Real Property Sales
State Regulation of Home Solicitations of Real Property SalesDocumentary Notice Requirements for Consumer Transactions
State Regulation of Home Solicitations of Real Property SalesRights and Duties of Consumer in Home Solicitation Transaction
State Regulation of Home Solicitations of Real Property Sales. Acts of Merchants Prohibited by Chapter 39
State Regulation of Home Solicitations of Real Property SalesActions by Consumers for Damages Under Chapter 39
D. FORMS
6.60
6.61
6.62
6.63
6.64
6.65
6.66
6.67
6.68
6.69
6.70
Form-Contract for Sale of New Home Under ConstructionTRECForm
Form-Contract for Sale of Completed New Home-TREC Form
Form-One to Four Family Residential Resale Contract-TREC
Form
Form-One to Four Family Residential Resale Contract-FHA or
VA Financing-TREC Form
Form-Amendment to Contract for Resale of Residential Property-TREC Form
Form-Seiler's Disclosure of Residential Property ConditionTREC Form
Form-Addendum for Seller's Disclosure of Information on LeadBased Paint-TREC Form
Form-Buyer's Temporary Residential Lease-TREC Form
Form-SeIler's Temporary Residential Lease-TREC Form
Form-Farm and Ranch Contract-TREC Form
Form-Unimproved Real Property Contract-TREC Form
XXIV
TABLE OF CONTENTS
Sec.
6.71
6.72
6.73
6.74
6.75
6.76
6.77
6.78
6.79
6.80
6.81
6.82
6.83
6.84
6.85
6.86
6.87
6.88
6.89
6.90
6.91
6.92
6.93
6.94
6.95
6.96
6.97
6.98
6.99
6.100
6.101
6.102
6.103
6.104
6.105
6.106
Form-Addendum for Abstract of Title---TREC Form
Form-Addendum for Release of Liability on Assumption of FHA,
VA, or Conventional Loan-TREC Form
Form-Addendum for Seller Financing-TREC Form
Form-Addendum for Environmental Assessment, Threatened or
Endangered Species Report, and Wetlands Report-TREC Form
Form-Addendum for Coastal Area Property- TREC Form
Form-Addendum for Property Located Seaward of Gulf Intracoastal Waterway-TREC Form
Form-Notice to Prospective Buyer Regarding Title and Utility
District Taxes, Indebtedness, and Fees-TREC Form
Form-Addendum for Sale of Other Property By Buyer-TREC
Form
For m-Addendum for Backup Contract-TREC Form
Form-Notice of Termination of Contract for Sale of Real Property-TREC Form
Form-Legal Descriptions by Metes and Bounds of Rectangular
Plot
Form-Legal Description by Course and Distance of Irregular Plot
With Straight Lines
Form-Legal Description By Course and Distance of Irregular
Plot with Curve
Form-Legal Description With Beginning Point Difficult to Locate
Form-Legal Description by Reference to Recorded Map or Plat
Form-Legal Description by Reference to Recorded Map or Plat
With Metes and Bounds
Form-HTogether With " Clause for Street Rights
Form-HTogether with" Clause for Driveway Easement
Form-HTogether with" Clause Granting Non-Exclusive Right of
Way
Form-HSubject to " Clause for Covenants and Restrictions
Form-HSubject to " Clause for Zoning Ordinances-Existing Uses
Form-HSubject to" Clause for Zoning Ordinances-New Construction
Form-HSubject to " Clause for Survey Facts-No Existing Survey
Form-HSubject to" Clause for Survey Facts-Existing Survey
Form-HSubject to " Clause for Existing Leases and Tenancies
Form-Reciprocal Easement for Driveway
Form-Modification of Restrictive Covenant With Option to Terminate
Form-HSame as" Clause
Form-HSame as" Clause with Exception
Form-Street Number Clause
Form-HAs Is" Clause
Form-Clause Making Time Hof Essence"
Form-Clause for Adjournment of Closing Date
Form-Clause Making Sale of Two Parcels Contingent on Contiguity
Form-Clause Making Sale Contingent on Contiguity to Purchaser's Land
Form-Clause Making Sale Contingent on Purchaser's Ability to
Acquire Contiguous Parcels from Different Owners
xxv
TABLE OF CONTENTS
Sec.
6.107
6.108
6.109
6.110
6.111
6.112
6.113
6.114
6.115
6.116
6.117
6.118
6.119
6.120
6.121
6.122
6.123
6.124
6.125
6.126
6.127
6.128
6.129
6.130
6.131
6.132
6.133
6.134
6.135
Form-Clause Making Sale Contingent on Seller's Ability to Acquire Contiguous Parcels
Form-Clause for Deposit of Earnest Money
Form-Clause for Execution of Promissory Note by Buyer
Form-Clause for Interim Payments When Purchaser Takes Subject to Existing Mortgage
Form-Clause Making Contract Contingent on Purchaser's Ability
to Obtain Mortgage
Form-Clause Directing Payment of Current Taxes, Assessments,
and Dues
Form-Clause for Abstract of Title, Title Objections, and Cure of
Title Defects
Form-Clause for Removal of Seller's Personal Property
Form-Clause Including Personal Property in Sale
Form-Clause Giving Purchaser Right of Inspection
Form-Clause for Termite Inspection
Form-Clause for Assessments Levied After Closing of Title
Form-Clause Allocating Risk of Loss
Form-Clause for Reservation of Possession and Outstanding
Rents to Seller
Form-Agreement for Seller to Retain Possession After Closing of
Title
Form-Agreement for Possession by Purchaser Before Closing of
Title
Form-Clause Making Sale Contingent on Zoning Variance
Form-Clause Making Earnest Money Liquidated Damages on
Buyer's Default
Form-Clause Obligating Buyer to Make Timely Title Objections
Form-Clause for Rescission by Seller on Purchaser's Objection to
Title
Form-Clause for Real Estate Agent's Commission
Form-Escrow Agreement With Installment Payments and Directions for Disbursement
Form-Escrow Instructions to Bank as Agent With Receipt
Form-Contract for Sale of Real Property With Note and Deed of
Trust
Form-Contract of Sale of Real Property With Wrap-Around
Mortgage
Form-Agreement for Release of Earnest Money
Form-Clause Making Time of Essence
Form-Clause Assigning Purchaser's Interest in Contract of Sale
Form-Clause Prohibiting Assignment of Contract for Sale
CHAPTER 7. EXECUTORY CONTRACTS FOR CONVEYANCE OF
REAL PROPERTY
A.
7.01
EXECUTORY CONTRACTS FOR CONVEYANCE OF
REAL PROPERTY
Introduction to Executory Contracts for Conveyance of Real Property
XXVI
TABLE OF CONTENTS
Sec.
7.02
7.03
7.04
7.05
Statute of Fraud Requirements for Description of Real Property
Statutory Regulation of Executory Contracts for Conveyance
Statutory Regulation of Executory Contracts for ConveyanceProtection for Homeowners from Forfeiture and Acceleration or
Rescission
Statutory Regulation of Executory Contracts for ConveyanceRequirements for Notice of Forfeiture and Acceleration or ReSClSSlOn
7.06
7.07
7.08
7.09
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20
7.21
Statutory Regulation of Executory Contracts for ConveyanceDefinition of "Default"
Statutory Regulation of Executory Contracts for ConveyanceSpanish Language Requirement
Statutory Regulation of Executory Contracts for ConveyanceRequirement That Seller Disclose Condition of Property
Statutory Regulation of Executory Contracts for ConveyanceRequirement That Seller Disclose Condition of Property-Required Contents of Property Condition Disclosure
Statutory Regulation of Executory Contracts for Conveyance-Requirement That Seller Disclose Financing Terms
Statutory Regulation of Executory Contracts for ConveyanceRequirement That Seller Disclose Tax Payments and Insurance
Coverage-Requirement That Seller Disclose Tax Payments and
Insurance Coverage
Statutory Regulation of Executory Contracts for ConveyanceDisposition of Insurance Proceeds
Statutory Regulation of Executory Contracts for ConveyanceRequirement for Notice of Prohibition Against Oral Agreements
Statutory Regulation of Executory Contracts for ConveyanceProhibited Terms for Executory Contracts
Statutory Regulation of Executory Contracts for ConveyanceRecording Requirements for Executory Contracts
Statutory Regulation of Executory Contracts for ConveyancePurchaser's Right to Cancel Contract Without Cause
Statutory Regulation of Executory Contracts for ConveyancePurchaser's Right to Cancel Contract Without Cause-Required
Notice of Cancellation Form
Statutory Regulation of Executory Contracts for ConveyancePurchaser's Right to Pledge Interest in Property on Certain
Contracts
Statutory Regulation of Executory Contracts for ConveyanceRequirement for Annual Accounting Statements
Statutory Regulation of Executory Contracts for ConveyanceProcedure for Sale of Purchaser's Interest in Event of Default
Statutory Regulation of Executory Contracts for ConveyanceTransfer of Title to Property
B.
7.22
FORMS
Form-Installment Contract for Sale of Real Property
XXVII
TABLE OF CONTENTS
PART II.
CLOSING REAL PROPERTY TRANSACTIONS
CHAPTER 8. ASSURANCE OF TITLE AND CLOSING
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
8.19
8.20
8.21
8.22
8.23
8.24
8.25
8.26
8.27
8.28
8.29
8.30
8.31
8.32
8.33
8.34
8.35
8.36
8.37
8.38
8.39
8.40
8.41
8.42
8.43
Regulated By Department Of Insurance
Nature Of Coverage-In General
Nature Of Coverage-Insurance Code Definition Of " Title Insurance"
Nature Of Coverage-Title Insurance Policies As Contracts Of
Indemnity
Title Insurance Commitment
Title Insurance Policies
Endorsements In General
Title Insurance In General
Owner's Policy Of Title Insurance
Residential Owner Policy Of Title Insurance (One To Four Family
Residences)
Mortgagee Policy Of Title Insurance
Limited Pre-Foreclosure Policy
Mortgagee Policy Of Title Insurance-Endorsement Form
Endorsement-Manufactur ed Housing
Endorsement-Adjustable Mortgage Loan
Endorsement-Increased Value
Endorsement-Revolving Credit
Endorsement-Environmental Protection Lien
Endorsement-Balloon Mortgage
Mortgagee Title Policy Binder On Interim Construction Loan
Leasehold Mortgagee Policy-Endorsement
Leasehold Owner Policy-Endorsement
Residential Leasehold Policy-Endorsement
Owner Title Policy Commitment To Texas State Highway Department
Policy Of Title Insurance (USA)
Endorsement (USA)-To Title Insurance Policy
Texas Reverse Mortgage Endorsement
Limited Pre-Foreclosure Down Date Endorsement
Equity Loan Mortgagee Endorsement
Certificate Of Title (USA)
Certificate Of Title For Easements (USA)
Facultative Reinsurance Agreement
Tertiary Reinsurance Agreement
Tertiary Reinsurance Agreement-Another Form
Borrower's Statement
Purchaser's Statement
Seller's Statement
Owner Policy Rejection Form
Insured Closing Service
Purchaser/Seller Insured Closing Service Letter
Reinsurance Commitment
Agreement To Furnish Title Evidence
Affidavit Of Unavailability Of Title Evidence
XXVIII
TABLE OF CONTENTS
Sec.
8.44
8.45
8.46
8.4 7
8.48
8.49
8.50
8.51
8.52
8.53
8.54
8.55
8.56
8.57
8.58
8.59
8.60
8.61
8.62
8.63
8.64
8.65
8.66
8.67
8.68
8.69
8.70
8.71
8.72
8.73
8.74
8.75
8.76
8.77
8.78
8.79
8.80
8.81
8.82
8.83
8.84
8.85
8.86
8.87
8.88
Owner's Title Policy Commitment For Eminent Domain Proceedings
Co=itment For Title Insurance
Procedural Rules And Definitions
Abstract Of Title-Formal Parts
Abstract Of Title-Another Form
Supplemental Abstract Of Title
Skeleton Abstract
Tax Certificate By Abstractor, etc.
Texas Title Examination Standards
Opinion Approving Title
Opinion Approving Title, Subject To Objection
Bond To IndemnifY Purchaser Against Defects In Title
Affidavits-General Form
Affidavit By Agent Of Attorney
Affirmation-General Form
Affidavit Of Parent As To Age Of Child
Affidavit As To Identity Of Party To Deed
Affidavit That Grantor In Deed Is Unmarried
Affidavit That Principal Of Attorney In Fact Is Alive And Sane
Affidavit Of No Debts
Affidavit Regarding Subcontractors, Laborers, And Materialmen
Affidavit Of Heirship, No Administration, No Debts, etc.
Questionnaire To Landowner By Oil Company
Surface Tenants' Consent To Mineral Lease
Mineral Lessor's Affidavit Of Non-Compliance By Lessee
Affidavit Of Non-Development Of Mineral Lease
Affidavit Of Non-Development And Non-Payment Of Rentals;
And Declaration Of Termination Of Mineral Lease
Adverse Possession Statutes
Affidavit Of Adverse Possession
Affidavit Of Homestead Disclaimer And Designation
Affidavit Of Acceptance Of Improvements And Payment Of Labor
And Materials
Report Of Title
Clearing Title Objections
Seller's Preparation For The Closing; Computation Of Adjustments
Transfer Of Funds Held By Mortgagee In Escrow To Pay Taxes
And Fire Insurance; And Policies
Purchaser's Preparation For The Closing
Persons Present At Closing
Delivery Of Closing Documents
Checklist For Purchaser's Attorney
Checklist For Seller's Attorney
Post-Closing Responsibilities Of Purchaser's Attorney
Post-Closing Responsibilities Of Seller's Attorney
Closing Statement For SellerlMortgagee
Closing Statement For BuyerlMortgagor
Closing Data
XXIX
TABLE OF CONTENTS
Sec.
8.89
8.90
8.91
8.92
8.93
8.94
8.95
8.96
Attorney's Statement Of Receipts And Disbursements
Verification Of Services Rendered
Uniform Closing And Settlement Statements-Department Of Insurance
Borrower's Statement-Department Of Insurance
Purchaser's Statement-Department Of Insurance
Seller's Statement-Department Of Insurance
Real Estate Settlement Procedures Act
HUD Disclosure/Settlement Statement
Volume 14
PART II.
CLOSING REAL PROPERTY TRANSACTIONSContinued
CHAPTER 9. DEEDS FOR CONVEYANCE OF REAL PROPERTY
A.
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.11
9.12
9.13
9.14
9.15
9.16
9.17
9.18
9.19
9.20
9.21
DEEDS FOR CONVEYANCE OF REAL PROPERTY
Introduction to Deeds
Introduction to Deeds-General Warranty Deeds
Introduction to Deeds-Special Warranty Deeds
Introduction to Deeds-Quitclaim Deeds
Common Law Requirements for Conveyances of Real Property
Requirements of Statute of Conveyances for Deeds
Statute of Fraud Requirements for Legal Description of Real
Property in Deeds
Presumption of Conveyance of Fee Simple Estate in Deed
Presumption of Conveyance of Fee Simple Estate in Deed-Extent
of Conveyance of Real Property is Limited by Grantor's Right to
Convey
Presumption of Conveyance of Fee Simple Estate in Deed-Effect
of Conveyance on Dependent Remainder Interest
Effect of "Subject to" Clause in Conveyance of Real Property
Presumption of Conveyance of Equal Undivided Interests to Multiple Grantees
Conveyance of Estate in Real Property Subject to Condition Subsequent
Conveyance of Estate in Real Property Subject to Executory
Limitation
Springing and Shifting Executory Interests in Real Property Conveyances
Implied Covenants in Conveyances of Fee Simple Estates
Conveyances of Real Property with Existing Mortgage Liens
Validity of Conveyance by Officer Authorized to Sell Property
Under Judgment
Creation of Life Estate in Real Property by Conveyance
Creation of Life Estate in Real Property by Conveyance-Duties of
Life Tenant with Power to Sell and Reinvest Life Tenancy
Property
Conveyance of Future Estate in Real Property
xxx
TABLE OF CONTENTS
Sec.
9.22
9.23
9.24
9.25
9.26
9.27
9.28
9.29
Conveyance of Future Estate in Real Property-Abolition of Common Law Rules Governing Future Estates
Conveyance of Future Estate in Real Property- Effect of Conveyance of Future Estate to Class of Persons
Conveyance of Future Estate in Real Property-Reformation of
Real Property Interests Violating Rule Against Perpetuities
Formal Requirements for Recording Real Property Conveyances
Formal Requirements for Recording Real Property ConveyancesEffect of Citation to Real Property Records
Correction Deeds for Real Property Conveyances
Statutory Limitations on Validity of Deed Restrictions
Enforcement of Defective Deed as Contract to Convey Real Property
B. FORMS
9.30
9.31
9.32
9.33
9.34
9.35
9.36
9.37
9.38
9.39
9.40
9.41
9.42
9.43
9.44
9.45
9.46
9.4 7
9.48
9.49
9.50
9.51
Form-General Warranty Deed for Fee Simple Estate
Form- Special Warranty Deed for Fee Simple Estate
Form- Quitclaim Deed for Fee Simple Estate
Form-Deed Without Covenants or Warranty
Form- Clause in Deed Giving Full Covenants of Warranty
Form-Clause in Deed Giving General Warranty Subject to Recorded Encumbrances
Form- Clause in Deed Explaining Non-Joinder of Grantor's
Spouse
Form- Clause in Deed Designating Separate Property of Married
Grantee
Form- General Warranty Deed with Vendor's Lien
Form- General Warranty Deed with Vendor's Lien Assigned to
Third Party Trustee
Form- Clause in Deed Negating Assumption of Indebtedness by
Purchaser
Form- Deed with Wrap-Around Mortgage Terms
Form- Deed with Assumption, Reservation of Vendor's Lien, and
Deed of Trust
Form- Clause in Deed for Assumption of Existing Indebtedness
by Grantee
Form- Deed With Grantee Assuming Indebtedness of First Lien
Note and Creating Second Vendor's Lien
Form-Deed with Subordination and Transfer of Second Vendor's
Lien
Form- Clause in Deed Making Grantee Assume Payment of Taxes
Form-Clause in Deed Making Conveyance Subject to Encumbrances
Form-Clause in Deed for Payment of Insurance Premiums and
Taxes
Form- Clause in Deed Giving Partial Release of Vendor's Lien
Form-Clause in Deed Making Conveyance Subject to Existing
Lease
Form- Clause in Deed Reserving Right of Way
XXXI
TABLE OF CONTENTS
Sec.
9.52
9.53
9.54
9.55
9.56
9.57
9.58
9.59
9.60
9.61
9.62
9.63
9.64
9.65
9.66
9.67
9.68
9.69
9.70
9.71
9.72
9.73
9.74
9.75
9.76
9.77
9.78
9.79
9.80
9.81
9.82
9.83
9.84
9.85
9.86
Form-Deed Granting Right of Way
Form-Common Driveway Easement Agreement Between Neighboring Landowners
Form-Deed Granting Sewer Easement
Form-Deed Granting Oil and Gas Pipeline Easement
Form-Clause in Deed Reserving Right to Lay Sewer, Drain, and
Water Pipes
Form-Deed of Fee Simple Estate to State of Texas for Highway
With Mineral Reservation
Form-Clause in Deed Reserving Right to Water Well
Form-Deed Granting Water Well, Easement, and Right to Remove Water
Form-Deed Granting Right to Use Water Tank or Well and
Easement for Term of Years
Form-Clause in Deed Making Conveyance Subject to Restrictions
and Covenants
Form-Clause in Deed Making Conveyance Subject to Restrictions
Generally
Form-Clause in Deed Excepting Sovereign Rights on Gulf or Bay
Front Property
Form-Clause in Deed Excepting Life Estate Devised to Third
Party
Form-Clause in Deed Reserving Life Estate in Grantor
Form-Deed of Life Estate with Remainder Over
Form-Deed of Life Estate with Remainder Over to Unborn
Children and Reversion
Form-Deed Conveying Determinable Fee With Condition Subsequent
Form- Deed With Reverter Provision in Connection with Building
Restrictions
Form-Deed Conveying Determinable Fee for School Purposes
Form-Deed Conveying Determinable Fee on Condition of Merchantable Title
Form- Deed Conveying Fee Simple with Executory Limitation
Form- Deed Conveying Executory Springing Interest
Form-General Warranty Deed by Attorney-in-Fact
Form-General Warranty Deed by Corporation
Form-Deed Conveying Real Property to Partnership
Form-Deed by Sheriff Under Order of Sale
Form- Deed from County Commissioners
Form- Deed of Equal Undivided Interests to Grantees of Unequal
Undivided Interests
Form-Deed Creating Joint Tenancy
Form- Deed of Agreement for Alleyway Across Adjoining Parcels
Form-Deed to Trustee to Hold and Convey Property
Form-Boundary Line Agreement
Form- Correction Deed
Form-Replacement Deed
Form-Deed by Executor of Decedent's Estate
XXXII
TABLE OF CONTENTS
Sec.
9.87
9.88
9.89
9.90
9.91
Form-Deed by Administrator in Performance of Decedent's Contract
Form- Deed by Estate Representative to Property Sold Through
Probate Court
Form-Deed by Temporary Guardian of Minor
Form- Lease Contract for Surface Easement on State Land
Form-Lease Contract for Easement on Submerged State Land
CHAPTER 10. MORTGAGES AND DEEDS OF TRUSTS
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
10.14
10.15
10.16
10.17
10.18
10.19
10.20
10.21
10.22
10.23
10.24
10.25
10.26
10.27
10.28
10.29
10.30
10.31
10.32
10.33
10.34
" Lien Theory" Of Mortgages
Mortgages Vs. Deeds Of Trust
Use Of Deed Of Trust
Foreclosure Generally
State Bar Of Texas Real Estate Forms
Application For Real Estate Loan
Uniform Residential Loan Application (Fannie Mae)
Uniform Residential Loan Application (Fannie Mae-Spanish)
Residence Appraisal
Uniform Residence Appraisal (Fannie Mae)
Uniform Residence Appraisal-Energy Addendum (Fannie Mae)
Appraisement-Short Form
Affidavit As To Debts And Liens
.Statement Of Sales Price
Buyers' And Sellers' Certificate
Closing Affidavit
Truth In Lending Forms
Letter Of Commitment
Designation Of Rural Homestead To Procure A Loan
Deed Of Trust Note
Deed Of Trust Note-Another Form
Note Limiting Payment And Security To Separate Property
Note-Texas Fixed Rate-Single Family-FNMAlFHLMC Uniform Instrument
Deed Of Trust-Short Form
Comprehensive Form-Basic Deed Of Trust
Covenants And Provisions As To First Lien, Attorney's Fees And
Expenses, Insurance, Taxes And Assessments, Waste, Conveyances And Extensions, Options, Tax On Security, Payments
And Advancements By Lender
Deed Of Trust-Another Form
Deed With Deed Of Trust To Enforce Vendor's Lien
Purchase Money Mortgage Clause-Vendor's Lien Retained In
Deed
Purchase Money Mortgage Clause-No Retention Of Vendor's
Lien In Deed
Subordination Agreement
Subordination Vendor's, Etc., Lien To Lender's Deed Of Trust
Installment Note With First Lien As Collateral, etc.
Collateral Assignment Of And Agreement As To First Lien, etc.
XXXIII
TABLE OF CONTENTS
Sec.
10.35
10.36
10.37
10.38
10.39
10.40
10.41
10.42
10.43
10.44
10.45
10.46
10.47
10.48
10.49
10.50
10.51
10.52
10.53
10.54
10.55
10.56
10.57
10.58
10.59
10.60
10.61
10.62
10.63
10.64
10.65
10.66
10.67
10.68
10.69
10.70
10.71
A Clause Carrying Forward Previous Security
Extension Of Existing Deed Of Trust Lien-Clause
Extension Of Existing Deed Of Trust Lien-Plus Cash Advanced-Clause
Clause Creating Inferior Lien With Right To Pay Prior Lien On
Default And Credit Amount On Note
Clause Creating Inferior Lien With Option To Call Inferior Note
Due Upon Default On Prior Note
Unlimited Prepayment Clause
Prepayment Privilege Clause-Another Form
Prepayment Clause-20o/o-Another Form
Clause As To Tenancy At Will Mer Sale
A Clause Embracing Machinery, Appliances, Equipment, New
Structures, Fixtures, etc.
Clause As To Possession And Rents On Default
Receivership Clause
A Clause Applying Where Old Debt Secured In Part By Homestead And Also New Debt Involved
Sale In Parcels Or Partial Sale-Clause
A Clause For Partial Foreclosures
Homestead Disclaimer Clause
Promissory Note Reciting Security By Deed Of Trust Of Oil, Gas,
Etc.; Leaseholds; Oil Runs, etc.
Deed Of Trust And Assignment Covering Oil, Gas, Etc.; Leaseholds; Oil Runs, etc.
Deed Of Trust And Assignment Covering Oil, Gas, Etc.; Leaseholds; Oil Runs, Etc.-Another Form, Including Drilling And
Related Personalty
Another Clause As To Oil Runs, etc.
Release Of Part Of Land Covered By Vacant Land MortgageClause
Release Of Part Of Land Subdivided For Residential Development-Clause
Future Advances Or Re-Advances At Option Of MortgageeClause
Modification Agreement Provisions As To Future Advances Or ReAdvances
Clause As To Future Indebtedness
Warranty Of Title
Covenant Of Warranty Of Title-Clause
Truth In Lending Not Applicable-Clause
Clause Against Usury
Clause Against Usury-Another Form
Covenant To Insure-Clause
Covenant To Insure-Flood Insurance-Clause
Agreement For Comprehensive Type Insurance
Covenant As To Notice And Demand-Clause
Waiver Of Demand And Presentment For Payment
Acceleration Clause-Another Form
Acceleration Clause-Another Form
XXXIV
TABLE OF CONTENTS
Sec.
10.72
10.73
10.74
10.75
10.76
10.77
10.78
10.79
10.80
10.81
10.82
10.83
10.84
10.85
10.86
10.87
10.88
10.89
10.90
10.91
10.92
10.93
10.94
10.95
10.96
10.97
10.98
10.99
10.100
10.101
10.102
10.103
10.104
10.105
10.106
10.107
10.108
10.109
10.110
10.111
10.112
10.113
10.114
10.115
10.116
10.117
10.118
Delinquency Charge And Acceleration Clause
Miscellaneous Clauses And Covenants
Eminent Domain Awards-Clause
Expenses Of Litigation-Clause
Expenses To Remedy Default Or Preserve Lien-Clause
Alteration, Removal Or Demolition Of Buildings-Clause
Mortgagor To Make Improvements-Clause
Exemption Of Mortgagor From Personal Liability-Clause
Compliance With Provisions Of Prior Mortgage-Clause
Foreclosure Sale In One ParcE;!l-Clause
Clause Limiting Waiver To Particular Instance
Clause Against Waiver Or Forfeiture Due To Failure Of Mortgagee To Exercise Option To Accelerate
Incorporation By Reference Of Supplemental Agreement-Clause
Inspection Of Premises By Mortgagee-Clause
Covenant To Keep Premises In Repair-Clause
Covenant To Keep Premises In Repair-Clause-Another Form
Subordinate Mortgage Clause With Acceleration ProvisionClause
Due On Sale, Etc.-Clause
Clause Precluding Sale "Subject to"
Extension Of Maturity Of Note Secured By A Lien
Transfer Of Deed Of Trust
Assignment Of Rents And Profits As Further Security-Clause
Assignment Of Mortgage Generally
Assignment Of Lien
Assignment Of Mortgage With Covenant
Assignment Of Part Interest In Mortgage
Participation Agreement
Mortgage Participation Certificate
Provision In Assignment Of Mortgage As Security
Notice Of Assignment
Extension Agreement
Consolidation, Extension And Spreader Agreement
Release Of A Lien
Partial Release
Non-Merger Provision In Deed
Release Of Collateral Transfer Of Note
Appointment Of Substitute Or Successor Trustee
Trustee's Notice Of Sale
Substitute Trustee's Notice Of Sale
Deed To Purchaser By Trustee
Deed To Purchaser By Substitute Trustee
Deficiency Judgment Mter Foreclosure
Deed Of Trust Foreclosure Mter Acceptance Of Deed In Lieu Of
Foreclosure
Mfidavit Of Repairs
Mfidavit Of Commencement Of Construction
Mfidavit Of N on-Commencement Of Construction
Homestead Mfidavit
xxxv
TABLE OF CONTENTS
Sec.
10.119
10.120
10.121
10.122
10.123
10.124
10.125
10.126
10.127
10.128
10.129
10.130
10.131
10.132
10.133
10.134
10.135
10.136
10.137
10.138
10.139
10.140
10.141
10.142
10.143
10.144
10.145
Mortgage; General Form
Mortgage On Lease Of Real Property-General Form
Deed Of Trust And Note-Fha
Deed Of Trust And Note-VA
Deed Of Trust And Note-FmHA
Deed Of Trust And Note-FNMAlFHLMC
Instructions For Preparation Of VA Request For Determination
Of Reasonable Value/HUD Application For Property Appraisal
And Commitment
VA Request For Determination Of Reasonable Value/HUD Application For Property Appraisal And Commitment (With Certifications For Submissions To VA)
Certificate Of Reasonable Value
VA Request For Determination Of Reasonable Value/HUD Application For Property Appraisal And Commitment (With Assignment Of Appraiser)
Instructions For Preparation Of VA Request For Determination
Of Reasonable Value/HUD Application For Property Appraisal
And Commitment
Request For Verification Of Employment (HUD-VA-FmHA)
Request For Verification Of Employment (Fannie Mae)
Request For Verification Of Employment (Fannie Mae-Spanish)
Instructions For Preparation Of Application For VA Or FmHA
Home Loan Guaranty Or For HUD/FHA Insured Mortgage
VA Application For Home Loan Guaranty; USDA-FmHA Application For FmHA Guaranteed Loan; HUD/FHA Application For
Commitment For Insurance Under The National Housing Act
Certificate Of Commitment (For VA Loan Guaranty)
Certificate Of Commitment (For HUD Insured Mortgage)
HUDNA Addendum To Uniform Residential Loan Application
Mortgagee's Assurance Of Completion
Request For Verification Of Deposit (VA And HUD Form)
Deed Of Trust-Texas-Single Family-Fannie Mae/Freddie Mac
Uniform Instrument
Petition For Forced Sale Of Interest In Real Property As Reimbursement For Property Taxes Paid By Co-Owner
Order For Forced Sale Of Interest In Real Property As Reimbursement For Property Taxes Paid By Co-Owner
Home Equity Loans
Reverse Mortgages
Home Equity Loan Foreclosure Procedures
PART III. REAL PROPERTY DEVELOPMENT
CHAPTER 11. CONSTRUCTION CONTRACTS AND LIENS
A.
11.01
HOMESTEAD EXEMPTIONS AND CONSTRUCTION CONTRACTS
Homestead Exemption Requirements for Home Improvement
Contracts
XXXVI
TABLE OF CONTENTS
Sec.
11.02
Homestead Exemption Requirements for Home Improvement
Contracts-Authorized Encumbrances for Homestead Property
Homestead Exemption Requirements for Home Improvement
Contracts-Notice Required for Home Improvement Contracts
on Homesteads
Federal Regulation of Construction Contracts
11.03
11.04
B.
Introduction to Mechanic's and Materialman's Liens
Statutory Scheme for Mechanic's and Materialman's Liens
Definitions for Statutory Mechanic's and Materialman's Liens
Required Notices for Statutory Mechanic's and Materialman's
Liens
Persons Entitled to Statutory Mechanic's and Materialman's
Liens
Persons Entitled to Statutory Mechanic's and Materialman's
Liens-Persons Entitled to Statutory Mechanic's Liens Under
Sham Contracts
Property to Which Statutory Mechanic's and Materialman's Lien
Extends
Payments Secured by Statutory Mechanic's and Materialman's
Lien
Payments Secured by Statutory Mechanic's and Materialman's
Lien-Limitation on Amount of Subcontractor's Lien
Payments Secured by Statutory Mechanic's and Materialman's
Lien-Limitation on Ordinary Retainage Lien
Procedure for Perfecting Statutory Mechanic's and Materialman's
Liens
Procedure for Perfecting Statutory Mechanic's and Materialman's
Liens-What Constitutes Accrual of Indebtedness or Claim for
Retainage
Required Contents of Affidavit for Mechanic's and Materialman's
Lien
Required Contents of Affidavit for Mechanic's and Materialman's
Lien-Notice of Filed Affidavit for Mechanic's Lien
Required Notice of Non-Residential Mechanic's Lien by Derivative Claimant
Notice by Derivative Mechanic's Lien Claimant for Contractual
Retainage
Notice by Derivative Claimant for Non-Residential Special Fabrication
11.05
11.06
11.07
11.08
11.09
11.10
11.11
11.12
11.13
11.14
11.15
11 .16
11.17
11.18
11.19
11.20
11.21
C.
11.22
11.23
GENERAL PROVISIONS FOR MECHANIC'S AND
MATERIALMAN'S LIENS
WITHHOLDING AND RETAINAGE FOR MECHANIC'S LIENS
Authority for Owner to Withhold Funds for Benefit of Lien
Claimants
Authority for Owner to Withhold Funds for Benefit of Lien
Claimants-Time Period During Which Funds are Withheld
XXXVII
TABLE OF CONTENTS
Sec.
11.24
11.25
11.26
11.27
11.28
11.29
11.30
11.31
11.32
11.33
11.34
11.35
11.36
D.
11.37
11.38
11.39
11.40
11.41
11.42
11.43
11.44
11.45
11.46
11.47
11.48
Authority for Owner to Withhold Funds for Benefit of Lien
Claimants-Payment by Owner to Mechanic's Lien Claimant on
Demand
Authority for Owner to Withhold Funds for Benefit of Lien
Claimants-Owner's Liability for Payments Not Withheld
Affidavit Required for Labor or Materials Provided for Improvements
Affidavit Required for Labor or Materials Provided for Improvements-Affidavit Required of Seller of Real Property
Affidavit Required for Labor or Materials Provided for Improvements-Civil and Criminal Liability for False Section 53.085
. Affidavit
Required Retainage by Owner for Benefit of Mechanic's Lien
Claimants
Required Retainage by Owner for Benefit of Mechanic's Lien
Claimants-Types of Payments Secured by Retainage
Required Retainage by Owner for Benefit of Mechanic's Lien
Claimants-Mechanic's Lien on Retained Funds
Required Retainage by Owner for Benefit of Mechanic's Lien
Claimants-Preferences to Retained Funds
Required Retainage by Owner for Benefit of Mechanic's Lien
Claimants-Owner's Liability for Failure to Retain Funds
Affidavit of Completion of Real Property Improvements
Affidavit of Completion of Real Property Improvements-Required Contents of Affidavit of Completion
Affidavit of Completion of Real Property Improvements-Persons
Entitled to Copies of Affidavit of Completion
PRIORITY, RELEASE, AND ACTIONS ON MECHANIC'S LIENS
Preference for Mechanic's Lien Claimants Over Other Creditors
Preference for Mechanic's Lien Claimants Over Other CreditorsPriority of Mechanic's and Materialman's Liens Over Other
Liens
Preference for Mechanic's Lien Claimants Over Other CreditorsEquality of Mechanic's and Materialman's Liens
Inception of Statutory Mechanic's and Materialman's Lien
Affidavit of Commencement of Construction or Delivery of Materials
Enforcement of Creditors' Remedies Against Money Due to Contractors
Release of Mechanic's and Materialman's Claim or Lien
Liability of Original Contractor for Actions on Other Mechanic's
Liens
Method of Foreclosure of Mechanic's and Materialman's Liens
Method of Foreclosure of Mechanic's and Materialman's LiensTransfer of Property Sold on Foreclosure of Mechanic's Lien
Method of Foreclosure of Mechanic's and Materialman's LiensRecovery of Costs and Attorney Fees on Foreclosure of Lien
Methods for Discharge of Mechanic's and Materialman's Liens
XXXVIII
TABLE OF CONTENTS
Sec.
11.49
11.50
11.51
11.52
11.53
11.54
11.55
11.56
11.57
11.58
11.59
11.60
11.61
Time Periods for Bringing Suit to Foreclose Mechanic's Liens
Obligation of Owner to Furnish Information About Construction
Project
Obligation of Owner to Furnish Information About Construction
Project-Obligation of Contractor to Furnish Information to
Workers
Obligation of Owner to Furnish Information About Construction
Project-Obligation of Subcontractor to Furnish Information
Obligation of Owner to Furnish Information About Construction
Project-Obligation of Lien or Bond Claimants to Furnish Information
Obligation of Owner to Furnish Information About Construction
Project-:-Payment of Actual Cost of Furnishing Information
Under Section 53.159
Obligation of Owner to Furnish Information About Construction
Project-Liability for Failure to Furnish Information Under
Section 53.159
Summary Motion to Remove Invalid or Unenforceable Mechanic's
Lien
Summary Motion to Remove Invalid or Unenforceable Mechanic's
Lien-Grounds for Invalidity or Unenforceability of Claim or
Lien
Summary Motion to Remove Invalid or Unenforceable Mechanic's
Lien-Procedure on Summary Motion
Summary Motion to Remove Invalid or Unenforceable Mechanic's
Lien-Bond Requirements After Order to Remove Mechanic's
Lien or Claim
Summary Motion to Remove Invalid or Unenforceable Mechanic's
Lien-Effect of Failure to File Bond or Deposit After Order to
Remove Lien
Summary Motion to Remove Invalid or Unenforceable Mechanic's
Lien-Revival of Removed Lien
E . MECHANIC'S LIENS BONDS AND PUBLIC WORKS CONTRACTS
11.62
11.63
11.64
11.65
11.66
11.67
11.68
11.69
Bond to IndemnifY Against Mechanic's and Materialman's Lien
Bond to Indemnify Against Mechanic's and Materialman's LienEffect of Indemnity Bond on Lien
Bond to Indemnify Against Mechanic's and Materialman's LienRequirements for Indemnity Bond
Bond to Indemnify Against Mechanic's and Materialman's LienNotice ofIndemnity Bond
Bond to IndemnifY Against Mechanic's and Materialman's LienRecording of Indemnity Bond and Notice
Bond to IndemnifY Against Mechanic's and Materialman's LienAction on Indemnity Bond
Bond of Contractor to Pay Mechanic's and Materialman's Liens or
Claims
Bond of Contractor to Pay Mechanic's and Materialman's Liens or
Claims-Persons Protected by Payment Bond
XXXIX
TABLE OF CONTENTS
Sec.
11.70
11.71
11.72
11.73
11.74
11.75
11.76
11.77
11.78
11.79
11.80
Bond of Contractor to Pay Mechanic's and Materialman's Liens or
Claims-Requirements for Payment Bond
Bond of Contractor to Pay Mechanic's and Materialman's Liens or
Claims-Recording of Payment Bond and Construction Contract
Bond of Contractor to Pay Mechanic's and Materialman's Liens or
Claims-Reliance on Payment Record
Bond of Contractor to Pay Mechanic's and Materialman's Liens or
Claims-Perfection of Claim Against Payment Bond Under Section 53.206
Owner's Notice of Claim to Surety on Payment Bond
Owner's Notice of Claim to Surety on Payment Bond-Action on
Payment Bond
Owner's Notice of Claim to Surety on Payment Bond-Effect of
Attempted Compliance With Payment Bond Requirements
Mechanic's Liens on Money Due to Certain Public Works Contractors
Mechanic's Liens on Money Due to Certain Public Works Contractors-Requirements for Notice of Lien on Public Works Contract
Mechanic's Liens on Money Due to Certain Public Works Contractors-Bond for Release of Lien on Public Works Contract
Mechanic's Liens on Money Due to Certain Public Works Contractors-Action on Bond Under Subchapter J
F. MECHANIC'S LIENS AND RESIDENTIAL CONSTRUCTION
11.81
11.82
11.83
11.84
11.85
11.86
11.87
11.88
11.89
11.90
Availability of Mechanic's Liens on Residential Construction Projects
Availability of Mechanic's Liens on Residential Construction Projects-Notice by Derivative Claimant to Residential Owner or
Contractor
Availability of Mechanic's Liens on Residential Construction Projects-N otice by Derivative Claimant for Specially Fabricated
Items
Procedure for Fixing Mechanic's and Materialman's Liens on
Homesteads
Procedure for Fixing Mechanic's and Materialman's Liens on
Homesteads-Requirements for Affidavit of Mechanic's Lien on
Homestead
Disclosure Statement Required for Residential Construction Contracts
Requirement for Original Contractor's List of Subcontractors and
Suppliers
Requirement for Original Contractor's List of Subcontractors and
Suppliers-Waiver of List of Subcontractors and Suppliers
Provisions Related to Closing of Loan for Construction of Improvements
Provisions Related to Closing of Loan for Construction of Improvements-Requirement for Final Bills-Paid Affidavit on Residential Construction
XL
TABLE OF CONTENTS
Sec.
11.91
Provisions Related to Closing of Loan for Construction of Improvements-Conveyance of Residential Property to Contractor
Not Required
G. REQUIREMENTS FOR PROMPT PAYMENT OF CONTRACTORS
11.92
11.93
11.94
11.95
11.96
11.97
11.98
11.99
11.100
11.101
11.102
Prompt Payment to Contractors and Subcontractors for Improvements
Prompt Payment to Contractors and Subcontractors for Improvements-Definitions for Prompt Payment Provisions
Prompt Payment to Contractors and Subcontractors for Improvements-Time Periods for Payments to Contractors and Subcontractors
Prompt Payment to Contractors and Subcontractors for Improvements-Time Periods for Payments to Contractors and Subcontractors-Exception for Failure of Lender to Disburse Funds
Prompt Payment to Contractors and Subcontractors for Improvements-Withholding Authorized in Disputes Over Payment for
Improvements
Prompt Payment to Contractors and Subcontractors for Improvements-Accrual of Interest on Overdue Payments
Prompt Payment to Contractors and Subcontractors for Improvements-Action to Enforce Prompt Payment
Prompt Payment to Contractors and Subcontractors for Improvements-Waiver of Prompt Payment Provisions Prohibited
Prompt Payment to Contractors and Subcontractors for Improvements-Right of Contractor or Subcontractor to Suspend Work
on Improvements
Prompt Payment to Contractors and Subcontractors for Improvements-Right of Contractor or Subcontractor to Suspend Work
on Improvements-Requirement for Notice to Lender of Suspension of Work
Prompt Payment to Contractors and Subcontractors for Improvements-Right of Contractor or Subcontractor to Suspend Work
on Improvements-Duties and Liabilities on Suspension of Performance
H . BUILDING LOANS AND MORTGAGES
11.103
11.104
11.105
11.106
11.107
Introduction to Building Loans and Mortgages
Introduction to Building Loans and Mortgages-Priority of Building Mortgage as Against Mechanic's and Materialman's Lien
Introduction to Building Loans and Mortgages-Priority of Building Mortgage as Against Security Interest in Fixtures
Priority of Fixture Security Interests Under Uniform Commercial
Code
Priority of Fixture Security Interests Under Uniform Commercial
Code-Residual Priority Rule for Fixture Security Interests
XLI
TABLE OF CONTENTS
Sec.
11.108
11.109
11.110
11.111
11.112
11.113
11.114
Priority of Fixture Security Interests Under Uniform Commercial
Code-"First to File or Record" Priority Rule for Fixture Security Interests
Priority of Fixture Security Interests Under Uniform Commercial
Code-Priority Rule for Purchase Money Security Interests in
Fixtures
Priority of Fixture Security Interests Under Uniform Commercial
Code-Priority Rule for Readily Removable Goods
Priority of Fixture Security Interests Under Uniform Commercial
Code-Priority Rule for Judicial Liens as Against Fixture Security Interests
Priority of Fixture Security Interests Under Uniform Commercial
Code-Priority Rule for Security Interests in Manufactured
Homes
Priority of Fixture Security Interests Under Uniform Commercial
Code-Priority Rule for Construction Mortgages as Against
Fixture Security Interests
Statute of Frauds Requirements for Description of Real Property
I.
11.115
11.116
11.117
11.118
11.119
11.120
11.121
11.122
11.123
11.124
11.125
11.126
11.127
11.128
11.129
RESIDENTIAL CONSTRUCTION LIABILITY
Residential Construction Liability Under Chapter 27, Property
Code
Definitions for Residential Construction Liability
Limitations on Liability of Contractor for Damages
Attorney Fees and Costs for Frivolous Suits
Requirement of Written Notice to Contractor
Requirement of Written Notice to Contractor-Evidence and Inspection of Damages
Requirement of Written Notice to Contractor-Written Offer of
Settlement by Contractor and Repairs
Requirement of Written Notice to Contractor-Extension of Time
for Notice, Inspection, and Offer of Settlement
Requirement of Written Notice to Contractor-Abatement of Suit
for Notice and Inspection
Amount of Damages Recoverable for Construction Defect
Amount of Damages Recoverable for Construction Defect-Limitation of Damages on Rejection of Reasonable Offer
Duty of Contractor to Cure Dangerous Defects
Mediation of Claims for Damages From Construction Defects
Required Disclosure Statement for Residential Construction Contracts
Indemnification of Architects and Engineers in Construction Contracts
J.
11.130
11.131
FORMS
Form-Construction Contract for House
Form-Disclosure Statement for Residential Construction Contracts
XLII
TABLE OF CONTENTS
Sec.
11.132
11.133
11.134
11.135
11.136
11.137
11.138
11.139
11.140
11.141
11.142
11.143
11.144
11.145
11.146
11.147
11.148
11.149
11.150
11.151
11.152
11.153
11.154
11.155
11.156
11.157
11.158
11.159
Form-Homestead Protection Notice for Construction Contracts
Form-Construction Contract for House or Building Without Architect
Form-Statutory Retainage Clause for Construction Contracts
Form-Clause for Liquidated Damages Held in Trust
Form-Clause for Liquidated Damages Held in Escrow
Form-Bond to Assure Payment of Labor and Materials
Form-Construction Contract for Building With Architect
Form-Bond for Performance of Building Contract
Form- Progress Certificate by Architect
Form-Certificate of Completion by Architect
Form-Final Certificate by Architect
Form-Construction Contract for Work and/or Labor as Independent Contractor
Form-General Construction Contract
Form-Mechanic's and Materialman's Lien Contract
Form-Mechanic's and Materialman's Lien Note
Form-Completion Affidavit by Owner
Form-Completion Affidavit by Contractor
Form-Affidavit of Payments to Subcontractors, Laborers, and
Materialmen-Claims Paid in Full
Form-Affidavit of Payments to Subcontractors, Laborers, and
Materialmen-Claims Not Paid
Form-Assignment of Mechanic's Lien Note as Collateral with
Assignee Subrogated to Assignor's Rights
Form-Paving Contract and Lien With Special Assessment
Form-Transfer and Subordination of Mechanic's Lien Contract
to Secure Construction Financing
Form-Clause Providing for Lien on Homestead
Form-Building Loan Contract
Form-Schedule of Building Loan Disbursements by Lender
Form-Building Loan Promissory Note
Form-Building Loan Mortgage
Form-Affidavit of Expense for Building Loan Contract
CHAPTER 12. CONDOMINIUMS
A.
12.01
12.02
12.03
12.04
12.05
12.06
CONDOMINIUMS
Introduction to Texas Condominium Legislation
Uniform Condominium Act for Condominiums Created After 1993
Uniform Condominium Act for Condominiums Created After
1993-Definition of "Condominium"
Uniform Condominium Act for Condominiums Created After
1993-Separate Titles and Taxation of Condominium Units
Uniform Condominium Act for Condominiums Created After
1993-Application of Ordinances, Regulations, and Building
Codes
Creation of Condominium by Recording Declaration
XLIII
TABLE OF CONTENTS
Sec.
12.07
12.08
12.09
12.10
12.11
12.12
12.13
12.14
12.15
12.16
12.17
12.18
12.19
12.20
12.21
12.22
12.23
12.24
12.25
12.26
12.27
12.28
12.29
12.30
Creation of Condominium by Recording Declaration-Required
Contents of Condominium Declaration
Legal Description of Condominium Units
Common Element Interests, Votes, and Common Expense Liabilities
Common Element Interests, Votes, and Common Expense Liabilities-Limited Common Elements
Required Contents of Condominium Plats and Plans
Clause in Condominium Declaration Protecting Rights of Secured
Lenders
Declaration for Leasehold Condominium
Easement Rights of Condominium Declarant
Easement Rights of Condominium Declarant-Requirements for
Transfer of Special Declarant Rights
Termination of Contracts and Leases of Condominium Declarant
Required Contents of Bylaws of Condominium Unit Owners' Association
Condominium Unit Owners' Association's Lien for Assessments
Disclosure Provisions for Protection of Condominium Purchasers
Disclosure Provisions for Protection of Condominium Purchasers-Liability for Preparation of Condominium Information
Statement
Disclosure Provisions for Protection of Condominium Purchasers-Required Contents of Condominium Information Statements
Disclosure Provisions for Protection of Condominium Purchasers-Requirements for Resale of Condominium Unit
Disclosure Provisions for Protection of Condominium Purchasers-Purchaser's Right to Cancel Condominium Purchase
Condominium Act for Condominiums Created Before 1994
Condominium Act for Condominiums Created Before 1994-Establishment of Condominium Regime
Condominium Act for Condominiums Created Before 1994-0wnership of Condominium Apartments
Requirements for Condominium Apartment Deeds
Requirements for Condominium Apartment Deeds-Ownership
Interests in Common Elements of Condominium Regime
Requirements for Description of Real Property in Contracts and
Deeds
Effect of Federal Law on Condominiums
B.
12.31
12.32
12.33
12.34
12.35
12.36
12.37
12.38
FORMS
Short Form Declaration of Residential Condominium
Form-Long Form Declaration of Residential Condominium
Form-Consent of Mortgagee to Declaration of Condominium
Form-Restrictions and Covenants for Residential Condominium
Form-Clause Prohibiting Unlawful Use of Condominium
Form-Clause Prohibiting Nuisances at Condominium
Form-Clause Concerning Use of Condominium Relating to Insurance Risk
Form-Clause Concerning Renovation of Condominium
XLIV
TABLE OF CONTENTS
Sec.
12.39
12.40
12.41
12.42
12.43
12.44
12.45
12.46
12.47
12.48
12.49
12.50
12.51
12.52
12.53
12.54
Form-Clause Concerning, Obstruction of Condominium Common
Elements
Form-Condominium Association Bylaws-Basic Form
Form-Condominium Association Bylaws-Alternative Form
Form-Articles of Incorporation for Association of Condominium
Owners
Form-Contract of Sale for Condominium
Form-Addendum to Contract of Sale for Condominium
Form-Cash Deed to Condominium Unit
Form-Addendum to Mortgage of Condominium
Form-Condominium Lien Mfidavit
Form-Notice of Condominium Lien
Form-Release of Condominium Lien
Form-Residential Condominium Resale Contract-TREC Form
Form-Residential Condominium Resale Contract-FHA or VA
Financing-TREC Form
Form-Condominium Resale Certificate-TREC Form
Form-Warranty Deed to Condominium Apartment Under Condominium Act
Form-Individual Condominium Unit Appraisal Report (Fannie
Mae)
CHAPTER 13. TIMESHARE ARRANGEMENTS
A.
13.01
13.02
13.03
13.04
13.05
13.06
13.07
13.08
13.09
13.10
13.11
13.12
13.13
13.14
13.15
13.16
13.17
13.18
TIMESHARE ARRANGEMENTS
Introduction to Timeshare Arrangements
Introduction to Timeshare Arrangements-What Constitutes Tenancy in Common or Time-Span Ownership
Introduction to Timeshare Arrangements-What Constitutes Interval Ownership
Introduction to Timeshare Arrangements-Limitation on Right to
Partition Time-Span' Estate
Introduction to Timeshare Arrangements-Effect of Bankruptcy
of Condominium Developer
Texas Timeshare Act
Texas Timeshare Act-Organization of Timeshare Act
Texas Timeshare Act-Powers of Texas Real Estate Commission
Under Timeshare Act
Supervisory Duties of Timeshare Developer
Supervisory Duties of Timeshare Developer-Availability of Timeshare Books and Records
Declaration of Timeshare Regime
Ownership and Partition of Timeshare Interests
Ownership and Partition of Timeshare Interests-Conveyance and
Encumbrance of Timeshare Interests
Requirements for Registration of Timeshare Properties
Requirements for Registration of Timeshare Properties-Penalty
for Violation of Registration Requirement
Requirements for Timeshare Exchange Programs
Required Contents of Promotional Disclosure Statements
Requirements for Timeshare Disclosure Statements
XLV
TABLE OF CONTENTS
Sec.
13.19
13.20
13.21
13.22
13.23
13.24
13.25
13.26
13.27
13.28
13.29
13.30
13.31
13.32
13.33
Requirements for Exchange Program Disclosure Statements
Liability of Developer for Materials Provided by Exchange Company
Liability of Developer for Materials Provided by Exchange Company-Liability of Timeshare Exchange Company for Acts of Developer
When Disclosure Statements Are Not Required for Timeshare
Interests
Purchaser's Right to Cancel Contract to Purchase Timeshare
Interest
Purchaser's Right to Cancel Contract to Purchase Timeshare
Interest-Notice of Cancellation of Contract and Refund of
Payments
Requirements for Contracts to Purchase Timeshare Interests
Requirements for Contracts to Purchase Timeshare Interests"Exhibit A" Information on Purchaser's Cancellation Rights
Requirements for Timeshare Escrow Accounts
Application of Deceptive Trade Practices Act to Timeshare Act
Insurance Requirements for Disposition of Timeshare Interests
Requirements for Annual Timeshare Fee and Expense Statement
Requirements for Annual Timeshare Fee and Expense Statement-Required Notice of Annual Statement
Requirements for Annual Timeshare Fee and Expense Statement-Civil Penalty and Injunction for Late Statement
Requirements for Description of Real Property in Contracts and
Deeds
B.
13.34
13.35
13.36
13.37
13.38
13.39
13.40
13.41
13.42
13.43
13.44
FORMS
Form-Application to Register Timeshare Property With TREC
Form-Application to Amend Timeshare Registration With TREC
Form-Acknowledgment of Receipt of Timeshare Disclosure
Statement
Form-Timeshare Disclosure Statement
Form-Declaration of Restrictions, Covenants, and Conditions for
Timeshare
Form-Bylaws of Council of Purchasers of Timeshare Interests
Form-Contract of Sale for Timeshare Interest
Form-Promissory Note for Purchase of Timeshare Interest
Form-Warranty Deed for Timeshare Interest
Form-Timeshare Deed of Trust
Form-Notice of Intent to Release Timeshare Escrow Funds
Volume 15
PART III. REAL PROPERTY DEVELOPMENT-Continued
CHAPTER 14. SUBDIVISIONS AND DEED RESTRICTIONS
A.
14.01
SUBDMSIONS AND ZONING GENERALLY
Introduction to Subdivisions
XLVI
TABLE OF CONTENTS
Sec.
14.02
14.03
14.04
14.05
Property Code Requirements for Recording Subdivision Plats
Statute of Fraud Requirements for Description of Real Property
Municipal Zoning Authority
County Zoning Authority
B.
14.06
14.07
14.08
14.09
14.10
14.11
14.12
14.13
14.14
14.15
14.16
Municipal Subdivision Regulation Under Chapter 212
Municipal Rulemaking Authority Over Subdivision Development
Damages and Penalties for Violations of Municipal Subdivision
Regulations
Requirements for Plats of Subdivisions Under Municipal Jurisdiction
Requirements for Plats of Subdivisions Under Municipal Jurisdiction-Water and Sewer Requirements for Municipal Subdivisions Plats
Procedure for Approval of Municipal Subdivision Plat Under
Chapter 212
Standards for Approval of Municipal Subdivision Plat Under
Chapter 212
Requirements for Plats of Developments under Municipal Jurisdiction
Municipal Approval of Development Plat Under Chapter 212
Developer Participation in Municipal Contracts for Public Improvements
Restriction on Home-Rule Municipal Development Regulation
C.
14.17
14.18
14.19
14.20
14.21
14.22
14.23
14.24
14.25
14.26
14.27
14.28
14.29
14.30
MUNICIPAL REGULATION OF LAND DEVELOPMENT
COUNTY REGULATION OF LAND DEVELOPMENT
County Subdivision Regulation
Damages and Penalties for Violations of County Subdivision Regulations
Requirements for Plats of Subdivisions Under County Jurisdiction
Exceptions From County Subdivision Platting Requirements
Approval of Subdivision Plat by County
Cancellation of Subdivisions Under County Jurisdiction
Revision of Plats of Subdivisions Under County Jurisdiction
Jurisdiction Over Subdivisions in Counties Along Mexican Border
Subdivision Platting Requirements for Counties Along Mexican
Border
Subdivision Platting Requirements for Counties Along Mexican
Border-Action on Filing of Subdivision Plat in County Along
Mexican Border
Requirements Prior to Sale or Lease of Subdivision Land Along
Border
Contract Requirements for Subdivision Land Along Mexican Border
Contract Requirements for Subdivision Land Along Mexican Border-Disclosure Notice for Subdivision Along Mexican Border
Annual Statement for Subdivision Along Mexican Border
XLVII
TABLE OF CONTENTS
Sec.
14.31
14.32
14.33
14.34
14.35
14.36
Jurisdiction Over Subdivisions in Certain Economically Distressed
Counties
Subdivision Platting Requirements III Economically Distressed
Counties
Subdivision Platting Requirements in Economically Distressed
Counties-Action on Filing of Subdivision Plat in Economically
Distressed County
Authority of County Planning Commissions Over Subdivisions
County Regulation of Manufactured Home Rental Communities
County Regulation of Manufactured Home Rental CommunitiesMinimum Infrastructure Standards and Development Plans
D.
14.37
14.38
14.39
14.40
14.41
14.42
14.43
14.44
14.45
14.46
14.47
14.48
14.49
14.50
Introduction to Deed Restrictions
Restrictive Covenants for Subdivisions in Populous Cities and
Counties
Restrictive Covenants for Subdivisions in Populous Cities and
Counties-Committee Procedure to Create or Alter Existing
Restrictive Covenants
Restrictive Covenants for Subdivisions in Populous Cities and
Counties-Contents of Petition to Create or Alter Existing
Restrictive Covenants
Restrictive Covenants for Subdivisions in Populous Cities and
Counties-Notice of Effectiveness of Petition and Certificate of
Compliance
Construction and Enforcement of Restrictive Covenants
Construction and Enforcement of Restrictive Covenants-Enforcement of Land Use Restrictions in Certain Counties
Powers of Property Owners' Associations Over Restrictive Covenants
Disclosure of Assessment Information by Property Owners' Associations
Disclosure of Assessment Information by Property Owners' Associations-Required Contents of Resale Certificate for Subdivision Property
Disclosure of Assessment Information by Property Owners' Associations-Effect of Statements in Resale Certificate for Subdivision Property
Disclosure of Assessment Information by Property Owners' Associations-Owner's Remedies for Failure to Deliver Assessment
Information
Enforcement of Land Use Restrictions by Municipalities
Enforcement of Land Use Restrictions by Municipalities-Notice
to Purchasers of Restrictions and Enforcement Authority
E.
14.51
14.52
DEED RESTRICTIONS
RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
Texas Residential Property Owners Protection Act
Requirement for Filing Management Certificate for Association
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Sec.
14.53
14.54
14.55
14.56
14.57
14.58
14.59
14.60
14.61
14.62
14.63
Requirements for Availability of Association Records
Notice Required Before Enforcement Action by Association
Hearing and Alternative Dispute Resolution Procedures for Violations
Recovery of Attorney Fees in Enforcement Actions
Prohibition Against Certain Foreclosure Sales
Requirement for Notice After Foreclosure Sale
Right of Redemption After Foreclosure Sale
Right of Redemption After Foreclosure Sale-Cost of Redemption
of Property From Association
Right of Redemption After Foreclosure Sale-Cost of Redemption
of Property From Third Party
Procedure After Redemption by Lot Owner
Procedure After Expiration of Redemption Period
F.
14.64
14.65
14.66
14.67
14.68
14.69
14.70
14.71
14.72
14.73
14.74
14.75
14.76
14.77
14.78
14.79
14.80
14.81
14.82
14.83
14.84
14.85
14.86
14.87
FORMS
Form-County Clerk Certificate of Authentication for Plat
Form-Approval of Plat by Municipal Planning Commission
Form-Surveyor's Certificate for Plat
Form-Engineer's Certificate for Municipal Subdivision Plat
Form-Owner's Public Dedication of Streets and Other Subdivision Features
Form-Dedication of Streets and Parks With Utility Easement
Reservation
Form-Dedication of Access Road and Waterways for Subdivision
Form-Non-Dedication of Streets in Subdivision Plat
Form-Clause Dedicating Streets in Plat for Private Use
Form-Dedication of Common Areas in Subdivision
Form-Clause Reserving Common Property in Subdivision
Form-Agreement to Convey Property to Trustee for Subdivision
Form-Clause For Private Maintenance of Subdivision Improvements
Form-Application for Variance from Municipal Zoning Ordinance
Form-Application for Special Use Permit for Building
Form-Resolution of Board of Adjustment Granting Special Use
Permit
Form-Notice to Property Owners of Hearing by Zoning Board of
Appeals
Form-Resolution of Board of Appeals Denying a Zoning Variance
Form-Resolution of Board of Appeals Granting a Zoning Variance
Form-Declaration of Covenants, Conditions and Restrictions for
Subdivision
Form-Articles of Incorporation for Property Owners' Association
Form-Bylaws for Subdivision Property Owners' Association
Form-Subdivision Information With Resale Certificate for Owner's Association-TREC Form
Form-Addendum for Property Subject to Mandatory Membership in Owner's Association-TREC Form
XLIX
TABLE OF CONTENTS
Sec.
14.88
14.89
14.90
14.91
Form-Land Use Restrictions for Waterfront Subdivision
Form-Land Use Restrictions for Residential Subdivision
Form-Deed Restrictions for New Subdivision
Form-Deed Restrictions Reserving Architectural Approval for
Improvements
Form-Release of Deed Restrictions for All Lot Owners
Form-Notice of Extension of Building Restrictions by All Lot
Owners
14.92
14.93
CHAPTER 15.
A.
15.01
15.02
15.03
SHOPPING CENTERS AND COMMERCIAL
DEVELOPMENTS
SHOPPING CENTERS AND COMMERCIAL DEVELOPMENTS
Introduction to Shopping Centers and Commercial Developments
Methods of Acquisition of Land for Commercial Development
Statute of Fraud Requirements for Description of Real Property
B.
15.04
15.05
15.06
15.07
15.08
FORMS
Form-Basic Shopping Center Lease
Form-Shopping Center Lease Favoring Landlord
Form-Contract to Build and Lease Shopping Center Space
Form-Contract for Sale of Surface Rights for Commercial Development
Form-Party Wall Agreement
PART IV.
REAL PROPERTY LEASING AND MANAGEMENT
CHAPTER 16. LANDLORD AND TENANT
A.
16.1
16.2
16.3
16.4
16.5
16.6
16.7
16.8
16.9
16.10
16.11
16.12
16.13
16.14
16.15
16.16
16.17
COMMENTARY-LEASES IN GENERAL
" Lease" Defined
Requirements For Effective Lease
No Particular Form Of Words Necessary
Statute Of Frauds
Statute Of Frauds-Satisfying The Statute
Identifying The Parties
Lease Term
Lease Term-Fixed Tenancy
Lease Term-Periodic Tenancy
Lease Term-Tenancy At Will
Lease Term-Tenancy At Sufferance
Options To Renew Or Extend
Rent-In General
Rent-Percentage Rent
Description Of Premises
Execution, Delivery, And Acceptance
Recording
L
TABLE OF CONTENTS
B.
Sec.
16.18
16.19
16.20
16.21
16.22
16.23
16.24
16.25
16.26
16.27
16.28
16.29
16.30
16.31
16.32
16.33
16.34
16.35
16.36
16.37
16.38
16.39
16.40
16.41
16.42
16.43
16.44
16.45
16.46
16.47
16.48
16.49
16.50
16.51
16.52
16.53
16.54
16.55
16.56
16.57
FORMS
A Contract For A Lease
A Contract Conferring An Option To Take Lease
Residential Lease
Dwelling House Lease
Furnished House Lease
Apartment Lease
Commercial Lease
Commercial Lease-Tenant-Oriented
Commercial Lease-Landlord-Oriented
Store Lease; Percentage Rent
Lease Of Site For Gasoline Filling Station
A Ninety-Nine Year Lease
Lease Used In Sale And Lease-Back Transaction
Lease Of Offices
Lease Of Space For Cigarette Vending Machine
Lease With Provision For Cancellation Upon Notice Of Lessor's
Intention To Build
Lease Of Parking Space
Mini Storage Agreement
Mini Storage Agreement-Another Form
Description Of Premises Clauses-Apartment
Description Of Premises Clauses-Space In Office Building
Description Of Premises Clauses-One Family Dwelling
Description Of Premises Clauses-Brick Works
Description Of Premises Clauses-Wharf
Term Of Lease Clauses-Fixed Period
Term Of Lease Clauses-Week To Week Tenancy
Term Of Lease Clauses-Month To Month Tenancy
Term Of Lease Clauses-Period Of Lessee's Life
Term Of Lease Clauses-Commencement And Expiration When
Landlord To Perform Work On Premises Before Commencement
Term Of Lease Clauses-Commencement On Completion Of Improvements
Term Of Lease Clauses-Commencement And Termination Where
Alterations Are Being Made
Term Of Lease Clauses-Commencement On Securing Of Licenses And Permits
Term Of Lease Clauses-Commencement On Securing Certificate
Of Occupancy
Delivery Of Possession Clauses
Delivery Of Possession Clauses-Another Form
Delivery Of Possession Clauses-Immediately On Signing Of
Lease
Delivery Of Possession Clauses-Prior To Commencement Date
Delivery Of Possession Clauses-Subject To Existing Tenancy
Delivery Of Possession Clauses-Completion Of Alterations
Delivery Of Possession Clauses-Completion Of Alterations-Another Form
LI
TABLE OF CONTENTS
Sec.
16.58
16.59
16.60
16.61
16.62
16.63
16.64
16.65
16.66
16.67
16.68
16.69
16.70
16.71
16.72
16.73
16.74
16.75
16.76
16.77
16.78
16.79
16.80
16.81
16.82
16.83
16.84
16.85
16.86
16.87
16.88
16.89
Delivery Of Possession Clauses-Delay Or Inability To Deliver
Delivery Of Possession Clauses-Delay Or Inability To DeliverAnother Form
Delivery Of Possession Clauses-Delay Or Inability To DeliverAnother Form
Delivery Of Possession Clauses-Delay Or Inability To DeliverAnother Form
Delivery Of Possession Clauses-Delay Or Inability To DeliverAnother Form
Delivery Of Possession Clauses-Eviction Of Holdover Tenant
Delivery Of Possession Clauses-Eviction Of Present Tenant By
Lessor
Execution And Delivery Of Lease Conferring Rights; Clause
Execution And Delivery Of Lease Conferring Rights; ClauseAnother Form
Rent Clauses-General Form
Rent Clauses-Percentage Of Gross Sales With Guaranteed Minimum
Rent Clauses-Percentage Of Gross Sales With Guaranteed Minimum-Another Form
Rent Clauses-Percentage Of Gross Sales With Minimum Amount
Payable In Advance
Rent Clauses-Percentage Of Gross Sales With Minimum Amount
Payable In Advance-Option To Pay Fixed Amount In Lieu Of
Percentage
Rent Clauses-Base Rent Plus Percentage Of Gross Sales
Rent Clauses-Base Rent Plus Percentage Of Net Sales
Rent Clauses-Percentage Of Taxes
Rent Clauses-Ground Rental
Rent Clauses-Taxes In Excess Of Fixed Amount As Additional
Rent
Rent Clauses-Additional Rent For Increase In Real Estate Taxes
Rent Clauses-Additional Rent For Increase In Real Estate Taxes-Limitation
Rent Clauses-Additional Rent For Increase In Real Estate Taxes-Premises To Be Designated As Separate Tax Lot
Rent Clauses-Reappraisal; Arbitration
Rent Clauses-Escalator Clause-Real Estate Taxes And Operating Costs Based On Porter's Wage Rates
Rent Clauses-Escalator Clause-Real Estate Taxes And Specified
Operating Costs
Rent Clauses-Cumulative Limit On Escalation
Rent Clauses-Noncumulative Limit On Escalation
Rent Clauses-Time Of Payment Of Additional Rent Under Tax
Escalation Clause
Rent Clauses-Commencement On Completion Of Work
Rent Clauses-Advance Payment Of Rent For Last Year Of Term
With Provision For Discount
Miscellaneous Clauses
Payment Of Taxes, Etc. By Lessee; Clause
LII
TABLE OF CONTENTS
Sec.
Payment Of Taxes, Etc. By Lessee; Clause-Another Form
Payment Of Taxes, Etc. By Lessee; Clause-Another Form
Payment Of Taxes, Etc. By Lessee; Clause-Fixing Ceiling And
Limiting Responsibility Of Lessor
Payment Of Tax Increase Caused By Improvement By Lessee;
16.93
Clause
Payment By Lessor Of Proportionate Share Of Taxes Imposed On
16.94
Basis Of Excess Assessment
Payment For Water And Sewer Rent By Lessee; Clause
16.95
Payment For Water And Sewer Rent By Lessee; Clause-Another
16.96
Form
Payment For Water And Sewer Rent By Lessee; Clause- Another
16.97
Form
Payment For Water And Sewer Rent By Lessee; Clause-Addition
16.98
To Rent If Not Paid
Lessee To Install Water Meter And Pay Water Charges; Clause
16.99
16.100 Reimbursement Of Tenant For Advances On Account Of Landlord
16.101 Electricity Clauses
16.102 Electricity Clauses- Another Form
16.103 Electricity Clauses-Another Form
16.104 Electricity Clauses-Another Form
16.105 Electricity Clauses-Another Form
16.106 Electricity Clauses-Another Form
16.107 Utilities To Be Furnished And Paid For By Lessee-Clause
16.108 Air Conditioning Clauses
16.109 Air Conditioning Clauses-Another Form
16.110 Air Conditioning Clauses-Another Form
16.111 Air Conditioning Clauses-Another Form
16.112 Air Conditioning Clauses-Another Form
16.113 Air Conditioning Clauses-Another Form
16.114 Air Conditioning Clauses-Installation Of Equipment, Use, Repair, etc.
16.115 Air Conditioning Clauses-Installation, Repair And Removal By
Lessee
16.116 Air Conditioning Clauses-Permission For Lessee To Install, etc.
16.117 Air Conditioning Clauses-Ownership Of Equipment, Use, Repair,
etc.
16.118 Surety's Engagement
16.119 Tenement Lease-Covenant Not To Allow Immorality, etc.
16.120 Clause Binding Heirs, etc.
16.121 Appraisements By Arbitration-Clause
16.122 Condition Of Premises Clauses
16.123 Condition Of Premises Clauses-Another Form
16.124 Condition Of Premises Clauses-Another Form
16.125 Condition Of Premises Clauses-Another Form .
16.126 Condition Of Premises-Lead- Based Paint Disclosure Form
16.127 Substitution Of Space Clauses
16.128 Substitution Of Space Clauses-Another Form
16.129 Substitution Of Space Clauses-Another Form
16.130 Substitution Of Space Clauses-Another Form
16.90
16.91
16.92
LIII
TABLE OF CONTENTS
Sec.
16.131
16.132
16.133
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16.136
16.137
16.138
16.139
16.140
16.141
16.142
16.143
16.144
16.145
16.146
16.147
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16.150
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16.152
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16.157
16.158
16.159
16.160
16.161
16.162
16.163
16.164
16.165
16.166
16.167
16.168
16.169
16.170
Substitution Of Space Clauses-Payment By Lessor Of Expense
Of Moving Tenant To New Rooms
Party Wall Clause
Broker Clause
Quiet Enjoyment Covenant
Quiet Enjoyment Covenant-Another Form
Quiet Enjoyment Covenant-Another Form
Quiet Enjoyment Covenant-Another Form
Quiet Enjoyment Covenant-Shopping Center Premises And
Parking Area
Covenant Of Title Of Landlord
Residence On Premises Clause
Compliance With Governmental Regulations Clause
Compliance With Governmental Regulations Clause-Another
Form
Compliance With Governmental Regulations Clause-Right Of
Lessee To Contest Validity Of Regulations And Defer Compliance
Elevator Service Clause
Elevator Service Clause-Another Form
Shopping Center Parking Area Clause
Name Of Building To Be Constructed-Clause
Restriction On Use Clauses-Dwelling House
Restriction On Use Clauses-Commercial Space
Restriction On Use Clauses-As Provided In Lease
Restriction On Use Clauses-Not To Be Used For Business
Restriction On Use Clauses-Drug Store
Restriction On Use Clauses-Savings And Loan Association
Restriction On Use Clauses-Parking Lot
Restriction On Use Clauses-Supermarket
Restriction On Use Clauses-Soft Drinks Of Designated Company
Restriction On Use Clauses-Illegal Or Immoral Purposes
Restriction On Use Clauses-Advertisements
Restriction On Use Clauses-No Display Of Merchandise On
Sidewalk (Store Lease)
Restriction On Use Clauses-Signs
Restriction On Use Clauses-Posting Of Bills Prohibited
Restriction On Use Clauses-Receipt And Shipment Of Merchandise
Restriction On Use Clauses-Care And Storing Of Inflammable
And Non-Inflammable Film
Restriction On Use Clauses-Manufacturing Bringing Building
Under Jurisdiction Of Governmental Departments Prohibited
Restriction On Use Clauses-Conditions For Use Of Machines
And Mechanical Equipment
Display Of Signs Clause
Display Of Signs Clause-Another Form
Display Of Signs Clause-Another Form
Competitor Exclusion Clauses
Competitor Exclusion Clauses-Drug Store
LIV
TABLE OF CONTENTS
Sec.
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16.172
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16.182
16.183
16.184
16.185
16.186
16.187
16.188
16.189
16.190
16.191
16.192
16.193
16.194
16.195
16.196
16.197
16.198
16.199
16.200
16.201
16.202
16.203
16.204
16.20fi
16.206
16.207
16.208
Competitor Exclusion Clauses-Beauty Salon
Competitor Exclusion Clauses-Public Stenography
Competitor Exclusion Clauses-Men's Clothing
Competitor Exclusion Clauses-Smoking Articles
Competitor Exclusion Clauses-Cigar Store
Competitor Exclusion Clauses-Confectionery Store
Competitor Exclusion Clauses-Broadcasting
Insurance By Lessee Clauses
Insurance By Lessee Clauses-Another Form
Insurance By Lessee Clauses-Pay Increase
Insurance By Lessee Clauses-Liability
Insurance By Lessee Clauses-Liability-Another Form
Insurance By Lessee Clauses-Plate Glass
Insurance By Lessor Clause
Insurance By Lessor Clause-Another Form
Maintenance And Repair By Lessor And Lessee Clauses
Maintenance And Repair By Lessor And Lessee Clauses-Another
Form
Maintenance And Repair By Lessor And Lessee Clauses-Another
Form
Maintenance And Repair By Lessor And Lessee Clauses-Structural And Extraordinary Repairs By Lessor
Maintenance And Repair By Lessor And Lessee Clauses-Requirements Of Governmental Authority
Maintenance And Repair By Lessor And Lessee Clauses-Repairs
By Lessee Necessitated By Misuse Or Neglect Of Lessee
Maintenance And Repair By Lessee Clauses
Maintenance And Repair By Lessee Clauses-Another Form
Maintenance And Repair By Lessee Clauses-Another Form
Maintenance And Repair By Lessee Clauses-Another Form
Maintenance And Repair By Lessee Clauses-Another Form
Maintenance And Repair By Lessee Clauses-Another Form
Maintenance And Repair By Lessee Clauses-Not To Injure, Overload Or Deface
Maintenance And Repair By Lessee Clauses-Appearance Of
Premises (Store)
Maintenance And Repair By Lessee Clauses-Interior
Maintenance And Repair By Lessee Clauses-Drain, Waste And
Sewer Pipes
Maintenance And Repair By Lessee Clauses-Extermination
Maintenance And Repair By Lessee Clauses-Taking Care Of
Apartment
Maintenance And Repair By Lessee Clauses-Preservation Of
Furniture
Maintenance And Repair By Lessee Clauses-Preservation Of
Furniture-Another Form
Maintenance And Repair By Lessee Clauses-Painting
Maintenance And Repair By Lessee Clauses-Broken Windows
Maintenance And Repair By Lessee Clauses-Sidewalk (First
Floor Store Premises)
LV
TABLE OF CONTENTS
Sec.
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16.230
16.231
16.232
16.233
16.234
16.235
16.236
16.237
16.238
Maintenance And Repair By Lessee Clauses-Removal Of Ice And
Snow
Maintenance And Repair By Lessee Clauses-Removal Of Garbage
And Waste
Maintenance And Repair By Lessee Clauses-Gardens And
Grounds
Maintenance And Repair By Lessee Clauses-Farm
Maintenance And Repair By Lessee Clauses-Hedges And Fences
Maintenance And Repair By Lessee Clauses-Pay Share Of Expenses Of Repairing Roads, etc.
Maintenance And Repair By Lessee Clauses-Making Repairs On
Lessor's Failure To Do So
Maintenance And Repair By Lessee Clauses-Compliance With
Municipal Orders
Maintenance And Repair By Lessee Clauses-Compliance With
Laws, Ordinances, etc.
Maintenance And Repair By Lessor Clauses
Maintenance And Repair By Lessor Clauses-Another Form
Maintenance And Repair By Lessor Clauses-Repair Entire Premises
Maintenance And Repair By Lessor Clauses-Keep Outside Walls
And Roof In Repair
Maintenance And Repair By Lessor Clauses-Exterior
Maintenance And Repair By Lessor Clauses-Painting
Maintenance And Repair By Lessor Clauses-Painting-Another
Form
Maintenance And Repair By Lessor Clauses-Painting-Another
Form
Maintenance And Repair By Lessor Clauses-Clean Windows
Maintenance And Repair By Lessor Clauses-Cleaning And Rubbish Removal
Maintenance And Repair By Lessor Clauses-Mter Fire
Maintenance And Repair By Lessor Clauses-Mter Fire-Another
Form
'
Maintenance And Repair By Lessor Clauses-Mter Fire-Another
Form
Maintenance And Repair By Lessor Clauses-Mter Fire-Another
Form
Maintenance And Repair By Lessor Clauses-Mter Fire-Another
Form
Miscellaneous Maintenance And Repair Clauses-Fire; Fixtures
Miscellaneous Maintenance And Repair Clauses-Permit Lessor
To Repair Upon Lessee's Default
Miscellaneous Maintenance And Repair Clauses-Right Of Lessor
To Inspect
Miscellaneous Maintenance And Repair Clauses-Permission For
Lessor To Inspect And Repair
Miscellaneous Maintenance And Repair Clauses-Lessor Not To
Redecorate
Discontinuance Of Services Clause
LVI
TABLE OF CONTENTS
Sec.
16.239
16.240
16.241
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16.250
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16.260
16.261
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16.264
16.265
16.266
16.267
16.268
16.269
16.270
16.271
16.272
Access To Premises Clause
Access To Premises Clause-Another Form
Use Of Furniture Clause
Use Of Furniture Clause-Another Form
Use Of Drapes And Carpeting Clause
Ventilation Of Restaurant Clause
Alterations By Lessee Clauses
Alterations By Lessee Clauses-Another Form
Alterations By Lessee Clauses-Consent Of Lessor
Alterations By Lessee Clauses-Consent Of Lessor-Another
Form
Alterations By Lessee Clauses-Consent Of Lessor-Another
Form
Alterations By Lessee Clauses-Consent Of Lessor-Use For Purposes Other Than Those Designated
Alterations By Lessee Clauses-Approval Of Plans
Alterations By Lessee Clauses-Approval Of Plans-Another
Form
Alterations By Lessee Clauses-Contractors And Plans To Be
Approved By Lessor
Alterations By Lessee Clauses-Contractors And Plans To Be
Approved By Lessor-Another Form
Alterations By Lessee Clauses-Right To Use Own Contractors If
Approved By Lessor
Alterations By Lessee Clauses-Conditions Imposed
Alterations By Lessee Clauses-Limitations And Conditions; Lessor's Contributions
Alterations By Lessee Clauses-At Expense Of Lessor
Alterations By Lessee Clauses-Lessor To Pay Share
Alterations By Lessee Clauses-Remodel Offices And Install Air
Conditioning Equipment
Alterations By Lessee Clauses-Remodel Premises And Install
Additions
Alterations By Lessee Clauses-Replace Buildings
Alterations By Lessee Clauses-Erection Of Television Antenna
Alterations By Lessee Clauses-Erection Of Television AntennaAnother Form
Alterations By Lessee Clauses-Erection Of Television AntennaAnother Form
Alterations By Lessee Clauses-Restoration Of Premises At End
Of Term
Alterations By Lessee Clauses-Liability And Workmen's Compensation Insurance
Alterations By Lessee Clauses-Necessary To Permit Lawful Conduct Of Business
Alterations By Lessor Clauses
Alterations By Lessor Clauses-Permission Of Lessee
Alterations By Lessor Clauses-In Accordance With Plan
Alterations By Lessor Clauses-Plans Submitted By Tenant
LVII
TABLE OF CONTENTS
Sec.
16.273
Alterations By Lessor Clauses-Plans Submitted By TenantAnother Form
16.274 Alterations By Lessor Clauses-Plans Submitted By TenantAnother Form
16.275 Alterations By Lessor Clauses-Lessee To Bear Expense In Excess
Of Certain Figure
16.276 Alterations By Lessor Clauses-Materials To Be Used
16.277 Alterations By Lessor Clauses-Shopping Centers; Prohibition
16.278 Trees Not To Be Cut Clause
16.279 Improvements By Lessee Clauses-Expend Specified Sum
16.280 Improvements By Lessee Clauses-Obligation To Build
16.281 Improvements By Lessee Clauses-Obligation To Build-Another
Form
16.282 Improvements By Lessee Clauses-Ownership By Lessee
16.283 Improvements By Lessee Clauses-Ownership By Lessor
16.284 Improvements By Lessee Clauses-Lessor To Pay For Buildings
At Expiration Of Lease
16.285 Improvements By Lessee Clauses-Title To Lighting Fixtures In
Lessee
16.286 Improvements By Lessee Clauses-Removal Of Fixtures On Termination Of Lease
16.287 Improvements By Lessee Clauses-Removal Of Fixtures On Termination Of Lease-Another Form
16.288 Improvements By Lessee Clauses-Removal Of Buildings, Structures And Fixtures
16.289 Fire Hazard Not To Be Increased-Clause
16.290 Animals Prohibited (Apartment)-Clause
16.291 Animals Prohibited (Apartment)-Clause-Another Form
16.292 Animal Provisions
16.293 Injury To Roots Of Trees (Farm) Clause
16.294 Destruction Of Premises Clauses
16.295 Destruction Of Premises Clauses-Another Form
16.296 Destruction Of Premises Clauses-First Refusal Option
16.297 Destruction Of Premises Clauses-Use Of Insurance Proceeds
(Ground Lease)
16.298 Eminent Domain Clauses
16.299 Eminent Domain Clauses-Another Form
16.300 Eminent Domain Clauses-Rent Reduction If Part Of Premises
Taken
16.301 Eminent Domain Clauses-Restoration Of Premises By Lessee;
Contribution Of Lessor Towards Cost
16.302 Eminent Domain Clauses-Lessee Not To Claim Award
16.303 Non-Liability Of Lessor Clauses
16.304 Non-Liability Of Lessor'Clauses-Condition Of Premises
16.305 Non-Liability Of Lessor Clauses-Property In Building
16.306 Non-Liability Of Lessor Clauses-Roof Leaks
16.307 Non-Liability Of Lessor Clauses-Damage From Fire Or Water
16.308 Non-Liability Of Lessor Clauses-Clause Waiving Claim For
Damages Caused By Lessor When Covered By Insurance
16.309 Indemnity Clauses
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16.347
Indemnity Clauses-Another Form
Indemnity Clauses-Another Form
Indemnity Clauses-Insurance
Indemnity Clauses-Loss By Negligence
Indemnity Clauses-Signs
Indemnity Clauses-Liquor Violations
Sublease Or Assignment Clauses
Sublease Or Assignment Clauses-Consent Of Lessor
Sublease Or Assignment Clauses-Consent Of Lessor-Another
Form
Sublease Or Assignment Clauses-Consent Of Lessor-Option Of
Lessor To Cancel Lease
Sublease Or Assignment Clauses-Consent Not To Be Unreasonably Withheld
Sublease Or Assignment Clauses-Consent Not To Be Unreasonably Withheld-Another Form
Sublease Or Assignment Clauses-Consent Not To Be Unreasonably Withheld-Another Form
Sublease Or Assignment Clauses-Conditions To Be Performed
By Lessee
Sublease Or Assignment Clauses-To Corporation To Be Formed
By Lessee
Sublease Or Assignment Clauses-To Corporation Affiliated With
Or Controlled By Tenant
Sublease Or Assignment Clauses-To Corporation To Be Formed
At Later Date
Sublease Or Assignment Clauses-Tenant Satisfactory To Lessor
Sublease Or Assignment Clauses-Lessee Remaining Liable
Sublease Or Assignment Clauses-Landlord To Sublease Part Of
Space
Sublease Or Assignment Clauses-Division Of Excess Rentals
Sublease Or Assignment Clauses-Breach Of Covenant Against
Sublease Or Assignment Clauses-First Offer To Other Tenants
Sublease Or Assignment Clauses-Assignment For Certain Purposes
Sublease
Consent To Sublease Agreement
Lease Take-Over Clause
Creation Of Liens Or Encumbrances By Lessee-Clause
Mechanics' Liens-Discharge Of-Clause
Security Clauses; Cash Deposit
Security Clauses; Cash Deposit-Another Form
Security Clauses; Cash Deposit-Bankruptcy Of Tenant
Security Clauses-Deposit Of Government Bonds
Security Clauses-Deposit Of Securities
Security Clauses-Deposit In Interest Bearing Account
Security Clauses-Substitution Of Security
Security Clauses-Return Of Security
Demand Letter For Return Of Wrongfully Withheld Security
Deposit
LIX
TABLE OF CONTENTS
Sec.
16.348
16.349
16.350
16.351
16.352
16.353
16.354
16.355
16.356
16.357
16.358
16.359
16.360
16.361
16.362
16.363
16.364
16.365
16.366
16.367
16.368
16.369
16.370
16.371
16.372
16.373
16.374
16.375
16.376
16.377
16.378
16.379
16.380
16.381
16.382
16.383
16.384
16.385
Options For Lessee To Purchase
Options For Lessee To Purchase-First Right To Purchase
Options For Lessee To Purchase-First Right To PurchaseAnother Form
Options For Lessee To Purchase-First Right To PurchaseAnother Form
Options For Lessee To Purchase-First Right To PurchaseAnother Form
Options For Lessee To Purchase-First Right To PurchaseAnother Form
Options For Lessee To Purchase-First Right To PurchaseAnother Form
Options For Lessee To Purchase-First Right To PurchaseInspection Of Premises By Prospective Purchaser
Options For Additional Space
Options For Additional Space-Another Form
Subordination Clause
Subordination Clause-Another Form
Subordination Clause-Another Form
Subordination Clause-Another Form
Subordination Clause-Subordinating Lessor's Interest To That
Of Construction Financer
Subordination And Non-Disturbance Clause
Partner Remaining May Continue As Lessee On Dissolution Of
Partnership; Clause
Renewal Of Lease At Option Of Lessee Clauses
Renewal Of Lease At Option Of Lessee Clauses-Another Form
Renewal Of Lease At Option Of Lessee Clauses- Another Form
Renewal Of Lease At Option Of Lessee Clauses- Another Form
Renewal Of Lease At Option Of Lessee Clauses-Another Form
Renewal Of Lease At Option Of Lessee Clauses- Another Form
Renewal Of Lease At Option Of Lessee Clauses-Inoperative In
Event Of Sale
Renewal Of Lease At Option Of Lessee Clauses- Multiple Renewals
Extension Of Term At Option Of Lessee Clause
Extension Of Term At Option Of Lessee Clause-Appraised Value
Extension Of Term Of Lease By Indorsement
Default And Remedy Clauses
Default And Remedy Clauses-Another Form
Default And Remedy Clauses-Another Form
Default And Remedy Clauses-Another Form
Default And Remedy Clauses-Another Form
Default And Remedy Clauses-Another Form
Default And Remedy Clauses-Reletting; Liability Of Original
Lessee
Default And Remedy Clauses-Grace Period
Forfeiture And Acceleration Of Rent Provision Clause
Recovery By Landlord Of Damages Other Than Those Specifically
Provided For-Clause
LX
TABLE OF CONTENTS
Sec.
16.386
16.387
16.388
16.389
16.390
16.391
16.392
16.393
16.394
16.395
16.396
16.397
16.398
16.399
16.400
16.401
16.402
16.403
16.404
16.405
16.406
16.407
16.408
16.409
16.410
16.411
16.412
16.413
16.414
16.415
16.416
16.417
16.418
16.419
16.420
16.421
16.422
16.423
Lessee's Right To Cure Mortgage Defaults-Clause
Termination Clauses-Sale Of Premises
Termination Clauses-Sale Of Premises-Another Form
Termination Clauses-Sale Of Premises-Another Form
Termination Clauses-Sale Of Premises-Another Form
Termination Clauses-Cash Payment To Lessee On Sale Of Premises
Termination Clauses-Option Of Purchaser Of Premises
Termination Clauses-Death Of Lessee
Termination Clauses-Death Of Partner
Termination Clauses-Cancellation By Lessor
Termination Clauses-Cancellation By Lessor-Another Form
Termination Clauses-Cancellation By Lessor-Another Form
Termination Clauses-Cancellation By Lessor-Notice And Payment Of Stipulated Amount
Termination Clauses-Cancellation By Lessee
Termination Clauses-Cancellation By Lessee-Another Form
Termination Clauses-Cancellation By Lessee-Another Form
Termination Clauses-Cancellation By Lessee-Upon Payment Of
Cost Of Alteration Work
Termination Clauses-Cancellation By Lessee-Assignment To
Party Designated By Lessor
Termination Clauses-Cancellation By Either Party
Termination Clauses-Cancellation By Either Party-Another
Form
Termination Clauses-Upon Lease Of Space In Same Building
Termination Clauses-Building Destroyed Or Becoming Untenantable
Termination Clauses-Lessor's Desire To Demolish Or Rebuild
Termination Clauses-Lessor's Desire To Demolish Or RebuildTenant's First Right Of Refusal Of New Lease
Termination Clauses-Commercial Frustration
Termination Clauses-Nuisance Clause
Termination Clauses-Erection Of Neighboring Building
Termination Clauses-Failure To Receive License Approval
Termination Clauses- Failure To Receive License Approval-Another Form
Termination Clauses-Failure To Use Premises For Purpose Designated
Termination Clauses-Deserting Or Vacating Premises
Termination Clauses-Condemnation; Right To Condemnation
Award
Termination Clauses-Notice Prior To Expiration Of Term
Partnership-Law Or Accountant Type; Provisions As To Liability, New Or Retiring Partners, etc.
Partnership-Stock Brokerage Or Insurance Type; Provisions As
To Liability Of Partners
Rights And Obligations Of Lessor Upon Termination Or Expiration Of Lease-Clause
Notice To Quit After Breach Of Covenant To Pay Rent
Notice By Landlord Terminating A Lease From Year To Year
LXI
TABLE OF CONTENTS
Sec.
16.424
16.425
16.426
16.427
16.428
16.429
16.430
16.431
16.432
16.433
16.434
16.435
16.436
16.437
16.438
16.439
16.440
16.441
16.442
16.443
16.444
16.445
16.446
16.447
16.448
16.449
16.450
16.451
16.452
16.453
16.454
16.455
16.456
16.457
16.458
16.459
16.460
16.461
16.462
Demand For Possession
Notice To Surrender Possession At End Of Term
Notice By Tenant Of Intention To Terminate A Lease Pursuant
To Clause Requiring Notice
Release Of A Lease
Removal Of Tenant's Property-Clause
Notices By Registered Mail Clause
Notices By Registered Mail Clause-Another Form
Notices By Registered Or Certified Mail
Notice Of Fire Clause
No Representations By Landlord Other Than Expressed In
Lease-Clause
Waiver Clauses
Waiver Clauses-Another Form
Waiver Clauses-Rent
Waiver Clauses-Subrogation By Lessor Or Lessee When Lessor
Self-Insured For Specific Amount
Waiver Clauses-Lessor's Right Of Subrogation Against Tenant
Insistence On Covenants And Conditions; Clause
Arbitration Clause
Arbitration Clause-Another Form
Arbitration Clause-Another Form
Disputes; Payment Of Rent And Performance Of Work By Lessee
Under Protest-Clause
Payment Of Expenses Incurred Due To Breach Of Lease By
Lessee; Clause
Payment Of Attorney's Fees By Lessee; Clause
Captions Contained In Lease; Clause Specifying Effect
Persons Bound By Agreement; Clause
Partial Invalidity Of Lease; Clause Specifying E{ffect
Memorandum Of Lease
Modification Agreement-General Form
Modification Agreement-Another Form
Modification Agreement-Change Supply Of Electric Current
From Metered To Unmetered Basis
Modification Agreement-Rent Increase For Free Use Of Electric
Current
Assignment Of Lease
Assignment Of Lease-Another Form
Surrender Of Lease
Clause For Lien-Commercial Property
Clause For Lien-Residential Property
Grazing Lease
A Lease Of A Farm For A Term Of Years-Short Form
Farming Contract-Division Of Profits
Hunting Lease
CHAPTER 17. REAL PROPERTY MANAGEMENT
A.
17.01
REAL PROPERTY MANAGEMENT
Introduction to Real Property Management
LXII
TABLE OF CONTENTS
Sec.
17.02
17.03
Introduction to Real Property Management-Agricultural Property Management
Requirements for Description of Real Property in Contracts and
Leases
B.
17.04
17.05
17.06
17.07
17.08
17.09
17.10
17.11
17.12
FORMS
Form-Exclusive Management Agreement for Real Property
Form-Exclusive Rental Agency Contract in Letter Form
Form-Agency Agreement for Rent Collection
Form-Application by Prospective Tenant to Rent Real Property
Form-Exclusive Property Management Agreement With Realtor
Form-Orchard Management Agreement
Form-Farm Management Service Agreement
Form-Application to Rent or Operate Farm
Form-Management Agreement for Condominium Complex
Page
Table of Statutes ----- ---- -------- -- ---------------- ------------ ----- --- ---- ------ __ 477
Table of Rules and Regulations ---------------- -- -- -- -- -- -------- ----------- 495
Index -- --- ----- ------------------- ----------------------- -- --- ---------------------- --- --- 497