The T-47 Residential Real Property Affidavit (TXR 1907) has been the subject of some confusion among Texas REALTORS® members. The T-47 is an affidavit that accompanies a survey in real estate transactions when the buyer and seller wish to use an existing survey rather than paying for a new one at the time of the transaction. The seller is responsible for filling out this form.
The T-47 is a generally straightforward document used by title insurance companies to determine the coverage they are willing to provide. The confusion arises in Paragraph 4 where the seller is instructed to fill in a date after which no major changes to the property have occurred. Some say this date should be the date of the most recent survey conducted. Others say it is the date the seller acquired the property from the previous seller.
The purpose of the affidavit is to affirm the existing survey, so sellers should use the date of the most recent survey, which may be a survey ordered by them or by a previous owner of the home. Sellers should be aware that any date other than the date of the last survey will likely prompt the title company to request a new survey. It is ultimately up to the sellers what date they choose to use. At the bottom of Paragraph 4, the seller may list changes to the property that have occurred since that date or put “None” if there have been no changes.
Some title companies may require use of their own version of the T-47. The version available to Texas REALTORS® members, Residential Real Property Affidavit T-47 (TXR 1907), is at texasrealestate.com/realtorforms.