Tex. Prop. Code § 5.073 · Subchapter D. EXECUTORY CONTRACT FOR CONVEYANCE
CONTRACT TERMS, CERTAIN WAIVERS PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A seller may not include as a term of the executory contract a provision that:
(1) imposes an additional late-payment fee that exceeds the lesser of:
(A) eight percent of the monthly payment under the contract; or
(B) the actual administrative cost of processing the late payment;
(2) prohibits the purchaser from pledging the purchaser's interest in the property as security to obtain a loan to place improvements, including utility improvements or fire protection improvements, on the property;
(3) imposes a prepayment penalty or any similar fee if the purchaser elects to pay the entire amount due under the contract before the scheduled payment date under the contract;
(4) forfeits an option fee or other option payment paid under the contract for a late payment; or
(5) increases the purchase price, imposes a fee or charge of any type, or otherwise penalizes a purchaser leasing property with an option to buy the property for requesting repairs or exercising any other right under Chapter 92.
(b) A provision of the executory contract that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.096 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 978 (H.B. 1823), Sec. 4, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm
- Text hash
- sha256 0d22675ada72607700f023881c6c89c68746ef826f8af851118e130986725c5c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Prop. Code § 5.073. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.