Paragraph 6C of the One to Four Family Residential Contract (Resale) (TXR 1601) includes requirements for property surveys.
This paragraph requires that the survey must be prepared by a registered professional land surveyor acceptable to the title company and the buyer’s lender. An agent should ensure that the survey meets these standards if the party the agent represents is required to obtain a survey for the property.
Paragraph 6C(1) should be used when the seller has an existing survey of the property. It is imperative for the seller’s agent to ensure that the seller has an existing survey before selecting this option. In this subparagraph, the seller agrees to provide a copy of the existing survey and a T-47 Residential Real Property Affidavit to the buyer and title company within the prescribed time. If either document is not delivered, the contract specifies that the buyer will obtain a new survey at the seller’s expense no later than three days before closing.
If the existing survey and T-47 affidavit are delivered but either or both of them are unacceptable to the title company or the buyer’s lender, the buyer must obtain a new survey. The contract includes checkboxes the parties can use to specify who will pay for the new survey. The contract implies that the buyer will select the survey company regardless of who is paying for it.
Paragraph 6C(2) should be used when the parties are aware that the seller does not have an existing survey and have agreed that the buyer will obtain and pay for a survey within an agreed-upon number of days after the effective date. This subparagraph states that the survey is deemed to have been received either on the actual date of receipt or the date that is in the contract, whichever is earlier. This is important to note for purposes of the date calculations in Paragraph 6D regarding objections to the title, survey, and exception documents.
Paragraph 6C(3) should be used when the parties are aware that the seller does not have an existing survey and have agreed that the seller will obtain and pay for a survey that will be delivered to the buyer within an agreed-upon number of days after the effective date.
Though Paragraphs 6C(2) and 6C(3) do not expressly specify that the survey will be delivered to the title company and buyer’s lender, it is implied from the language at the beginning of Paragraph 6C that the survey will be delivered to both. Except in those instances in Paragraph 6C where the contract specifies what happens if the obligation is not performed or the obligation is deemed to have been performed, if one of the parties does not comply with the terms of the contract and does not complete his or her obligation, that party would be in default, and the non-defaulting party could exercise the remedies in Paragraph 15.
Please confirm that for the T47 to be an affidavit, it must be notarized before giving it to the buyer in 6C1. Thank you.
The contract uses the word affidavit in 6C1 as part of the language of the paragraph!
I wish someone would clarify this. We have been told that as long as it is delivered, notarized or not, that it is considered delivered. We have also been told it must be notarized to be an affidavit. Clarification would be great on this. With most people signing electronically, you would think an electronically trail would be good enough, and if title needed a notarized T-47 from the seller, they could get that at closing.
this comment is not specifically about this article but – whenever getting a new survey (or negotiating on a property with an existing survey) – make sure that the land stakes will actually identify the property boundaries… specifically with acreage properties… how many times have buyers stood on their newly purchased property with survey in hand and they can not identify the boundaries due to hills or trees…etc… WHEN ordering a survey include additional stakes so you can actually identify boundaries! — then make additional measurements and photos so in the future the boundaries can easily be identified. This is… Read more »
Very good suggestions for stakes and taking photo.
I will out into practice!!! Thank you
Why do we not have a 4th option in the contract that simply states “No Survey Required” ?? Cash buyer or lender doesn’t require? There are various reasons why a buyer would want to waive the survey requirement. This would eliminate the need for agents to write additional language in special provisions. I’ve had many, many cases of “No Survey Required” contracts – for various reasons – and it’s another option to improve the contract in multiple offer situations.
Lynn, I keep asking that same question. When everything in Para 6 is left blank due to that reason, it looks like agents overlooked choosing mark a box. I always have to write that no survey is required in Special Provisions. Shouldnt be like that, it should be addressed in Para 6, where it has to do surveys.
Thanks for your input.
Because the buyer saying that they will obtain one at their own expense takes care of that if there’s not a Lender involved.
Totally agree there should be a 4th option stating “No survey needed.”
What happens when a survey is a not legible but there is an affidavit T47 attached? Is this considered delivered?
It use to be a standard to have the Seller’s Disclosure and Survey with T47 on the MLS before the listing is active. Now it is a guessing game when a buyer may receive it, and than if it is complete.
I’m with you on this, and often chat with buyer clients about not utilizing 6c1 in an offer unless we’ve already been provided a copy.
Is it practicing law to change “Seller’s” to “Buyer’s” (expense) in 6(C)1 for the sentence in bold print, if Seller fails to provide an existing survey? It seems to me that would be the way to handle the “I don’t want to pay for a new survey but I THINK I might be able to get you an existing one” scenario from a Seller. If it is practicing law, as my teachers used to say, “be prepared to explain your answer”. Thanks!
It has always been my opinion if I am representing a buyer there should be a new survey. Things can change during the previous owner ship that the buyer has no knowledge of.
A survey should always be required. An ounce or prevention is worth a pound of cure.
I have been teaching CE class The Survey 6c1 for years. As an agent, you should always suggest to the buyer to purchase a new survey. Each Standard Land Title Survey created for a Residential 1-4 contract is certified to the General File Number (GF#) of that title transaction and the Surveyor is responsible for that survey until the seller provides it to the next buyer and title company closes with that info. Why would you not want a new survey certified to the new transaction and buyer as they live in their home? And the thought or people signing… Read more »
I agree a new survey is best. However the person signing the T-47 would normally put the date that they closed on the property. They would not go back prior to the the time that had it. That is why the seller can put a “not before” this date in the T-47.
The date that should go in the t-47 is actually the date on the survey, regardless of how long the seller has had ownership.
The realtor should verify if the existing survey has a copyright. If there is a copyright, and most surveyors have copyrighted their surveys since 2002, it is illegal to copy and use that survey in a transaction that someone profits from. In addition the buyer is not certified too on that survey and the surveyor is not liable for any issues that may arise in the future. In short using an existing survey may not be in the best interest of the buyer. Too many times the seller is not in a position to accurately complete the T-47 Gorman lies… Read more »
I believe Paragraph 6C(2) should read “Buyer may obtain” instead of “shall obtain”. In a cash or Seller Financed transaction Buyer should have the choice of getting or not getting a Survey.
Excellent article. Very detailed explanation about Surveys for Residential Properties
If 6C(2) is checked and a new survey is ordered by the buyer, Does the buyer have to present it to the seller’s agent or just Title company?
If 6C(2) is checked and a new survey is ordered by the buyer, Does the buyer have to present it to the seller’s agent or just Title company?
Surveys being copy right now.Be careful on this one.Will have to seek written authorization from Survey Company or risk being in a possible lawsuit.