The T-47 Residential Real Property Affidavit (TXR 1907) has been the subject of some confusion among Texas REALTORS® members. The T-47 is an affidavit that accompanies a survey in real estate transactions when the buyer and seller wish to use an existing survey rather than paying for a new one at the time of the transaction. The seller is responsible for filling out this form.
The T-47 is a generally straightforward document used by title insurance companies to determine the coverage they are willing to provide. The confusion arises in Paragraph 4 where the seller is instructed to fill in a date after which no major changes to the property have occurred. Some say this date should be the date of the most recent survey conducted. Others say it is the date the seller acquired the property from the previous seller.
The purpose of the affidavit is to affirm the existing survey, so sellers should use the date of the most recent survey, which may be a survey ordered by them or by a previous owner of the home. Sellers should be aware that any date other than the date of the last survey will likely prompt the title company to request a new survey. It is ultimately up to the sellers what date they choose to use. At the bottom of Paragraph 4, the seller may list changes to the property that have occurred since that date or put “None” if there have been no changes.
Some title companies may require use of their own version of the T-47. The version available to Texas REALTORS® members, Residential Real Property Affidavit T-47 (TXR 1907), is at ngskmc-eis.net/realtorforms.
If that’s the case, then shouldn’t the previous seller’s T-47 accompany the current seller’s T-47 to give to the new buyer?
T-47 is a pain, people get a survey to find boundaries on unimproved land before building to make sure they’re not encroaching on a neighboring property. But then after they build, years later decide to sell, they’re required to get another survey. Usually paid for, at least partially, out of their pocket. To show they used the original survey to build inside of the surveyed boundaries, but now need a new survey. I paid for a survey on my land when I bought it. Fenced it off, Then built a house. But now if I decide to sell it I’ll… Read more »
Based on the information above I’d have to disagree with TAR’s statement about what date should be there. Sellers ask us what date to put there all the time. It’s a very common question. Common sense to most sellers is to put the date they acquired the property, because of course, how can they affirm information, boundaries, construction projects, etc on the property and neighboring properties that affect their property PRIOR to ownership? How can they sign and have a document notarized in a real estate transaction with legal recourse that they are affirming nothing was changed when indeed years… Read more »
This
If the sellers no longer live at the subject property, when your filling the Affidavit name and affidavit address
Should the sellers put their new address or the address of the subject property?
The document reads
Name of Affidavit
Address of Affidavit
Wouldn’t that be referring to the current address of the affidavit?
Can someone answer this question?
discussion…Actually it reads address of affiant. So if the person who is making the affidavit lives somewhere else, you would think it wants their current address but the rest of the description of the property follows so I believe it’s the address of the property being surveyed not necessarily where you live now.
A broker has the listing. The seller wrote no survey in the T-47 and sent to title
Seller has 3 days to send survey/t-47 to buyer and title.
Seller sends t-47 with no survey write in
Contract states buyer will provide a new survey is seller does not furnish t47 or survey.
Who will be responsible
This is not commonly done. I have spoken to many agents and several title companies and the date is, hands down, the date the property owner took ownership. Asking for a new survey because of the date not being the survey date is causing undo problems just before closing. Maybe the attorney asking for a new survey should pay for it.