Legal FAQs for REALTORS®
When does a seller have to provide a water-district notice to a buyer? How can my seller get the right form and fill it out correctly? (Updated Nov. 19, 2014)
Generally speaking, a seller of property located in a water district must provide a water-district notice to a buyer, if depending on how the water district is financed, the seller owes a tax or standby fee. Sellers who are unsure if they are required to provide such a notice should check with their particular water district.
There are three types of notices, and the one required depends on if the property is:
-Located in whole or in part within the corporate boundaries of a municipality
-Located in whole or in part in the extraterritorial jurisdiction of one or more home-rule municipalities and not within the corporate boundaries of a municipality
-Not located in whole or in part within the corporate boundaries of a municipality or the extraterritorial jurisdiction of one or more home-rule municipalities.
Water districts are required to file certain information with the appropriate county clerk and with the Texas Commission on Environmental Quality (TCEQ), which has a list on its website of water districts in Texas and provides other useful resources.
Once the water district is identified, a seller can submit a written request for the right notice from the water district, which will provide the notice filled in with all the required information. The district may charge a fee for mailing the notice or allowing the requester to pick it up in person, but it cannot be more than $10. However, an alternative or faster method of delivery may require an additional fee.
Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on TexasRealEstate.com. Any legal or other information found here, on TexasRealEstate.com, or at other sites to which we link, should be verified before it is relied upon.