Ken Paxton

References to Selected Statutes on Advertising and Selling Residential Land and Recording Documents

This guide provides cites to key requirements in advertising and selling residential properties and recording the sales documents under the provisions of Subchapter B of Chapter 232 of the Local Govt. Code, Subchapter D of Chapter 5 of the Property Code, and the Model Subdivision Rules of the TWDB. It is not meant to be a comprehensive statement of the requirements or their applicability to a particular situation, nor does it list disclosure requirements. A separate web page outlines requirements when contracts for deeds are used.

LGC = Local Govt. Code
MR = Model Rules
PROP = Property Code

Law Topic
LGC § 232.033(a) advertising of any form must not contain any misrepresentations
LGC § 232.033(a) except for a small (3'x3') "for sale" sign on the property, all ads must accurately describe the availability of water, sewer (or OSSF), electricity, and gas.
LGC § 232.021(9) "Sell" includes an offer to sell. [Thus, if a sale is prohibited, advertising it is likewise prohibited.]
  Lots in Unrecorded Subdivision
PROP § 12.002(c) subdivider may not use the subdivision's description in a deed or contract for deed delivered to the purchaser unless plat is approved and recorded and includes proper documents
[see PROP § 12.002(d) and PROP § 5.076(b) for exceptions]
LGC § 232.031(a) subdivider may not sell or lease land first platted (i.e., mapped) or replatted after 7/1/95 unless plat is approved by commissioners court in accord with LGC § 232.024
LGC § 232.035(a) subdivider or subdivider's agent may not allow a lot to be sold if the subdivision has not been platted as required by Subchapter B
MR § 364.15 no subdivided land shall be sold or conveyed until plat is legally approved, filed, and recorded
  Lot Lacking Water and Sewer/OSSF
LGC § 232.040(b) a lot in a residential subdivision may not be sold if the lot lacks water and sewer as required by Subchapter B unless the lot is platted or replatted as required by Subchapter B. Exception: if the seller resides on the lot and is not the subdivider or the subdivider's agent.
PROP § 12.002(b) person may not file for record a plat or replat unless it is approved as required by law and includes the documents required by LGC § 212.0105 and LGC § 232.023 (regarding water & sewer), as applicable
PROP § 12.002(e) person may not file for record a plat or replat unless it has attached an original tax certificate from each taxing unit indicating no delinquent ad valorem taxes are owed
LGC § 232.031(b) not later than 30th day after sale, a subdivider shall record all sales contract (including disclosure statement), leases, and all other documents conveying an interest in the subdivided land
PROP § 5.076 seller shall record executory contract, including disclosure statement, not later than 30th day after execution, and also record any document terminating the contract
PROP § 5.079 seller shall transfer recorded, legal title not later than 30th day after receipt of final payment under executory contract
  Foreign Language
PROP § 5.068 if a foreign language is primarily used in negotiations preceding executory contract, seller shall provide a copy in it of all documents related to the transaction, and later documents
LGC § 232.033(b) subdivider shall when selling through executory contract provide copies in Spanish of all documents related to sale if requested or if negotiations are conducted primarily in Spanish