The report of sale for real or personal property will vary only slightly depending on the method of sale. In most cases real property will be sold through a title company, which will provide detailed closing papers and reports. Personal property will usually be sold at garage sales or through auctions. Auctions will usually have some sales records, which should be identified and attached. If the sale is by a less structured method, such as a garage sale, then a simple record should be made, identifying the item, purchaser, and price, and should be attached to the report.
[Caption. See § 3 of the Introduction in this manual.]
Report of Sale of [Real/Personal] Property
[Name of guardian], Guardian, guardian of the estate of [name of ward], an incapacitated person makes [his/her] Report of Sale of [Real/Personal] Property as follows:
1.The Order of Sale of [Real/Personal] Property for this estate is dated [date].
2.A description of the [real/personal] property sold is attached hereto as Exhibit [exhibit number/letter].
3.The property was sold at a [private/public] sale on [date] in [county] County, Texas.
4.The name of the purchaser is [name of purchaser].
5.The total price of the property sold was $[amount], less costs and expenses of $[amount], leaving a net price of $[amount].
6.The present bond of Guardian is $[amount] and was approved by this Court on [date].
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Include the following if applicable. |
7.This sale was for cash and was made as specified in the closing documents, copies of which are attached as Exhibit [exhibit number/letter].
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And/Or |
8.There is an appraisal on file in this guardianship showing that the property has been valued at $[amount].
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Continue with the following. |
9.The purchaser is ready to comply.
Respectfully submitted,
[Name]
Attorney for Guardian
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
[Name of guardian], guardian of the estate of [name of ward], an incapacitated person, appeared in person before me today and stated under oath:
“My name is [name of guardian]. I am competent to make this affidavit. The facts stated within this affidavit are within my personal knowledge. The report of sale is true and correct in every respect, and it contains a correct and complete statement of the matters to which it relates.”
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas
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Attach exhibit(s). |