The T-47 is a Residential Real Property Affidavit. It’s a notarized document that tells the buyer what the seller knows about the home’s boundaries.
The buyer needs this affidavit, and it is used by their lender and title company to figure out whether they are going to accept the survey the seller has provided, or if they require a new one. Typically, a seller might want to say, “I’ve changed no fences and added no extensions to my home, please use the same survey that I got when I bought the home for title insurance purposes”. The T-47 is a sworn statement to that effect. Or a seller might use the T-47 to swear, “I added a slab for a new shed in my yard since the last survey was performed. Please consider re-using the old survey again.” (in this case, the lender and title company require a new survey.) Sometimes there are grey areas, and it’s up to the discretion of the lender and title company, for example if you use the T-47 to swear, “I replaced my fence on the existing fence line since I bought the home” or “I moved the fence two feet toward my house since the existing survey was performed”.
First, get a copy of the survey from when the home was purchased. If you don’t have one, they might be able to get in touch with the title company at which they closed escrow on the purchase of the home and ask them for a copy.
If you can’t find a survey, don’t bother filling in the T-47. Some of the fields are easy – date, name, address. The Affiant in question 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. You can leave GF number blank – this is a file number for use by the title company at which you sell your home.
The affidavit is part of the Texas promulgated home purchase contract, and has conditions attached to it. Complete the form before listing the home for sale – before you even receive a contract. That way you avoid missing a contractual deadline to provide the survey and the related affidavit.
In short – to possibly save someone $500. The person who buys a home will most often require title insurance – a commitment that they are buying what they think they’re buying, and that the seller has the right to sell it, and that it can be represented by boundaries drawn on a piece of paper called a survey. A survey on the average home in Texas might cost from between $350 and $550. By providing a T-47, you might be saving someone from buying a new survey. Depending on how you negotiate, either the seller or the buyer may need to buy a new survey, and someone definitely will if the seller does not fill in the T-47.
You can get one from your title company, the Texas Department of Insurance or your agent can provide you with the Texas Association of Realtors version of the form, like this TAR 1907 Residential Real Property Affidavit sample.
