Texas T-47 Survey Affidavit: Can You Reuse Your Existing Survey When You Sell?

When you buy or sell a home in Texas, the survey question comes up in almost every contract. As a San Antonio REALTOR®, I get asked about it a lot, especially by sellers in Alamo Ranch, Converse and Cibolo who still have the survey from when they bought. Here's how it works in plain terms.

What is a T-47?

The T-47 is the Residential Real Property Affidavit, a form promulgated by the Texas Department of Insurance. The seller signs it, in front of a notary, to state that there have been no changes to the property since the existing survey was made, such as new fences, additions, pools, sheds or other improvements that cross a boundary line. The Texas Department of Insurance also publishes a newer version, the T-47.1 Declaration, which is signed under penalty of perjury instead of being notarized.

Why it matters in your contract

The standard TREC one-to-four family resale contract has a survey paragraph where the buyer and seller choose how the survey will be handled: the seller provides the existing survey and an affidavit, the seller pays for a new survey, or the buyer pays for a new survey. Which box is checked decides who pays and what the deadlines are, so read that paragraph carefully before you sign.

When an existing survey can usually be reused

• The seller can find a copy of the survey.
• Nothing has been built, added or moved on the lot since it was made.
• The title company and the buyer's lender agree to accept it. The title company decides whether the existing survey plus the affidavit is acceptable for the title policy, and some lenders want a new survey.

When you will likely need a new survey

• You added a pool, patio cover, room addition, shed or new fence line.
• The old survey is missing, unreadable or doesn't match the property.
• The lender or title company won't accept the existing one.

Tips for sellers

Look for your survey in your closing packet from when you bought, or ask the title company that handled that closing for a copy. Walk the yard and be honest on the affidavit. If something changed, it's better to know early than to find out a few days before closing.

Tips for buyers

Ask your agent which survey option is in the contract and what it means for your costs and deadlines. If you plan to add a fence or pool later, a clear, current survey helps.

Questions about a home you're buying or selling in greater San Antonio? I'm Chris Dudley, REALTOR® (TREC #731381) and founder of Legacy Realty Group, brokered by Real Broker, LLC. Reach out through chrisdudleyrealty.com and I'll walk you through your contract.

Source: Texas Department of Insurance, Title forms (T-47 Residential Real Property Affidavit and T-47.1 Declaration): https://www.tdi.texas.gov/title/titleman.html

This post is general information, not legal advice. Talk with your title company or a real estate attorney about your specific situation.