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Texas · TREC 20-19 ¶6CTexas survey and T-47 affidavit: the TREC contract rules

In the Texas resale contract (TREC 20-19 ¶6C) the parties choose one of three survey options: the seller furnishes its existing survey with a Texas Department of Insurance T-47 Affidavit or T-47.1 Declaration; the buyer obtains a new survey; or the seller furnishes a new one. If the seller does not deliver the existing survey and the affidavit or declaration in time – or title or the lender does not accept them – a new survey must be obtained no later than 3 days before closing.

The three options (check one)

  1. 1. Existing survey + T-47

    Within the days written, the seller furnishes the existing survey and a T-47 Affidavit or T-47.1 Declaration to the buyer and title. If the seller fails to furnish both in time, the buyer obtains a new survey at the seller's expense no later than 3 days before closing. If title or the lender does not accept them, a new survey is obtained no later than 3 days before closing at the expense of the party checked.

  2. 2. Buyer obtains a new survey

    Within the days written, at the buyer's expense; deemed received on actual receipt or the date written, whichever is earlier. If the buyer fails to obtain it, the buyer cannot terminate under Property Approval because the survey was not obtained.

  3. 3. Seller furnishes a new survey

    Within the days written, at the seller's expense.

Rules that apply to every option

  1. Who makes it

    A registered professional land surveyor acceptable to the title company and the buyer's lender.

  2. Objections (¶6D)

    The buyer objects to defects shown on the survey by the earlier of the closing date or the days written after receiving the commitment, exception documents and survey.

  3. Cure

    The seller has 15 days to cure; if not cured, the buyer has 5 days to terminate (earnest money refunded) or waive.

Questions about the Texas survey and T-47

What is a T-47 affidavit?

A Residential Real Property Affidavit promulgated by the Texas Department of Insurance, delivered with the seller's existing survey; TREC 20-19 also allows the T-47.1 Declaration.

Who pays for a new survey in Texas?

It depends on the box checked in ¶6C – and if the seller fails to deliver the existing survey and affidavit in time, the new survey is at the seller's expense.

When must a new survey be obtained?

No later than 3 days before the closing date when the existing survey is not delivered in time or not accepted.

Can the buyer object to the survey?

Yes, under ¶6D, by the earlier of the closing date or the days written after receiving the commitment, exception documents and survey.

Who can prepare the survey?

A registered professional land surveyor acceptable to the title company and the buyer's lender.

ClosingCode keeps the title, survey and objection dates on the deal's timeline next to the other TREC deadlines – with reminders before each one.

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Source: Texas Real Estate Commission, TREC No. 20-19 One to Four Family Residential Contract (Resale), ¶6C and ¶6D (effective July 1, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm, surveyor or brokerage, and it is not affiliated with TREC or the Texas Department of Insurance.