The T-47 is a Residential Real Property Affidavit (notarized document) that accompanies a survey in a transaction. It’s purpose is to validate the accuracy of survey obtained previously and explain differences resulting from subsequent improvements and changes to the property.
First, If you can’t find a survey, don’t bother filling in the T-47. Usually, look in closing documents from your purchase or refinancing for the survey. A new survey runs somewhere around $400 for a typical residential property. If you have land or a large residence the fee can by higher.
Surveys and T-47’s are required by the Title Company, lender and buyer to close. Existing surveys accompanied by a T-47 Affidavit are acceptable if they are an accurate representation of boundaries of land and improvements of the property. If you don’t have an acceptable survey, either buyer or seller might be required to purchase a new one as specified in your contract in paragraphs 6.C.(2) or (3). You can use email to deliver the survey and T-47, digital copies of the survey and T-47 are usually acceptable by the Title Company.
Look at Paragraph 6.C. (1) in your contract. Read it! It specifies how long you have to provide the survey and T-47 to the Title Company (they deliver it to the buyer) and specifies who pays for a new survey if it is not acceptable. Note: This is a tricky paragraph. If you deliver the survey and T-47 within the number of days and it is not acceptable, the party specified pays for a new survey. If you do not provide it by the deadline, the seller pays regardless even if buyer party is specified, only if it is not acceptable.
The T-47 validates the survey and the Title Company needs a survey to document the property for the issuance of title insurance. The buyer and lender needs it to document and review property lines, easements, improvements, and other things.
Some fields are simple – date, name, address. The Affiant is you the seller. If you are married or own the home in common with someone, only one of you needs to fill their name in and sign in front of a notary. Leave GF No. number blank – this is a file number for use by the title company at which you sell your home.
The description is the legal description of the property. It is in your contract in Paragraph 2. and in your Listing Agreement in Paragraph 2. Or, you can look that up in tax records or ask your Broker to get it for you.
Item 4 – this allows you to write the date that you bought the home (or the date of the survey if the survey was more recent). Then you have to put a list of things that you have changed that might affect the accuracy of the existing survey.
If nothing has changed impacting boundaries of the property, make sure to write in “None” after “Except for the following”. If you have made changes, list them here instead of answering “None”. Typically these are changes in fence locations and utility lines, and construction projects such as pools, garages, additions.
Take the T-47 to a notary to sign it and notarize it. Notaries are found in banks, title companies, and law offices.
The T-47 is available from your title company, Realtor®, or Texas Insurance Commission.
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