Texas · Prop. Code ch. 53Texas mechanic's liens: ask the seller for a bills-paid affidavit
In Texas a buyer can require the seller, before closing, to sign an affidavit that every contractor, laborer and supplier for improvements on the property has been paid through a stated date – or listing who is still owed (Tex. Prop. Code §53.085(b)). On residential projects, lien affidavits are due by the 15th day of the third month after the month the work was completed (§53.052), and suit must follow within a year of that deadline (§53.158). During the work and for 30 days after, the owner must hold back 10% of the contract price (§53.101). A lien on a homestead needs a written contract signed before the work, by both spouses if married, and recorded (§53.254).
Deadlines and rules
Seller's affidavit
On the buyer's request before closing: bills paid through a date, or who is owed and how much (§53.085(b)).
Residential deadline
Lien affidavit by the 15th day of the third month after the month work was completed (§53.052(a)(2), (c)).
Suit
By the first anniversary of the last day to file the affidavit; extendable by written agreement (§53.158).
Retainage
Owner reserves 10% of the contract price during the work and for 30 days after completion (§53.101).
Homestead
Written contract signed before work, by both spouses if married, and recorded with the county clerk (§53.254).
Before closing, ask for
- The seller's bills-paid affidavit under §53.085(b), dated as close to closing as possible.
- Contractor final bills-paid affidavits and lien releases for work in the last few months.
- Whether 30 days have passed since completion of any recent contract (retainage).
- A title company check for recorded lien affidavits or homestead improvement contracts.
Where it goes wrong
- Work finished weeks before closing – a contractor can still record a lien after the deed.
- Nobody asks the seller about work done in the last months, so the title search shows nothing yet.
- Lien waivers or affidavits come in on closing day and nobody reads them.
Questions buyers ask
Can a Texas buyer require a bills-paid affidavit from the seller?
Yes. On request before closing, the seller must give one under Tex. Prop. Code §53.085(b), or list who is unpaid.
How long does a contractor have to file a lien on a Texas home?
Until the 15th day of the third month after the month the work was completed (§53.052).
Can a contractor lien a Texas homestead?
Only with a written contract signed before the work, by both spouses if married, and recorded (§53.254).
Related guides
Add "recent work, permits and lien waivers" to the deal checklist as a task with an owner and due date in ClosingCode, with the affidavits stored on the deal.
Start free trialSource: Texas Property Code §§53.052, 53.085, 53.101, 53.158 and 53.254 (statutes.capitol.texas.gov, read October 25, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm, title company or brokerage.