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TX HB4063

Bill

Status

Passed

6/20/2025

Primary Sponsor

Claudia Ordaz Perez

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Establishes requirements for filing a "unilateral memorandum of contract" concerning residential property (single-family homes, duplexes, triplexes, quadruplexes, or condos), which is a document signed only by a non-owner claiming to have a purchase contract, option, or right of first refusal with the property owner

  • Requires persons filing such memoranda to provide their mailing address and certificate of mailing to the county clerk, and send notice to the property owner via certified mail to the property address and any known mailing addresses

  • Allows property owners to file an affidavit and certificate of mailing to release the recorded memorandum from the property records, with specific statutory forms provided for both the release affidavit and mailing certificate

  • After owner files release affidavit, bona fide purchasers or lenders may conclusively rely on it after 45 days unless the original filer records a contradicting affidavit; remedies for the original filer are limited to money damages only

  • Memoranda filed on or after September 1, 2025 that fail to comply with notice requirements provide no constructive or actual notice and are unenforceable against subsequent purchasers or lenders regardless of their knowledge

Legislative Description

Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property.

Property Interests

Last Action

Effective on 9/1/25

6/20/2025

Committee Referrals

Business & Commerce5/7/2025
Trade, Workforce & Economic Development3/27/2025

Full Bill Text

No bill text available