Public-domain · open source
OpenJurist

Tex. Prop. Code § 5.064

SELLER'S REMEDIES ON DEFAULT

Applied in 2 court decisions — leading case Stanley Shook// Terry Walden and Joy Walden v. Terry Walden and Joy Walden// Stanley Shook, Patrick Jaehne and S&J Endeavors, L.L.C. (2012)

Most recently applied in Stanley Shook// Terry Walden and Joy Walden v. Terry Walden and Joy Walden// Stanley Shook, Patrick Jaehne and S&J Endeavors, L.L.C. (March 2012)

Acts 1983, 68th Leg., p. 3484, ch. 576, Sec. 1, eff

A seller may enforce the remedy of rescission or of forfeiture and acceleration against a purchaser in default under an executory contract for conveyance of real property only if:

(1) the seller notifies the purchaser of:

(A) the seller's intent to enforce a remedy under this section; and

(B) the purchaser's right to cure the default within the 30-day period described by Section 5.065;

(2) the purchaser fails to cure the default within the 30-day period described by Section 5.065;

(3) Section 5.066 does not apply; and

(4) the contract has not been recorded in the county in which the property is located.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.