When it comes to selling a home in Texas, the process of providing a previous survey to the buyer just got a little easier. Thanks to new rules from the Texas Department of Insurance, the requirements for the T-47 Affidavit have been streamlined, making it a more convenient process for sellers.
The Old Way: A Notary Was a Must
In the past, the TREC One to Four Family Residential Contract required sellers to provide a T-47 Affidavit, which was a sworn statement that had to be notarized. This meant that after filling out the form, a seller would have to find a notary to swear that the information provided—specifically that the survey was true and correct and that there had been no material changes to the property—was accurate. While this step was crucial for legal purposes, it added a layer of inconvenience and an extra errand to the already busy schedule of a home seller.
The New Way: The Declaration
Under the new rules, sellers are no longer required to get a sworn statement. Instead, they can provide a simple declaration on the T-47 form itself. This change eliminates the need for a notary, saving sellers time and hassle. By simply providing an unsworn declaration, the seller is still legally attesting to the accuracy of the survey and the lack of material changes, but without the formal requirement of a notarized document.
What This Means for Sellers
The updated process is a welcome change for Texas homeowners. It streamlines the paperwork involved in a home sale, making it easier and more efficient to provide the necessary documents to the buyer.