Pursuant to Tex. Prop. Code § 82.156, if the purchaser from a seller other than a declarant has not received a resale certificate before the purchaser executes the contract, the purchaser has the right to cancel the contract before the sixth day after the purchaser receives the resale certificate or executes a waiver pursuant to Tex. Prop. Code § 82.157, whichever occurs first. A copy of a condominium resale certificate promulgated by the Texas Real Estate Commission is available at www.trec.texas.gov/forms/condominium-resale-certificate.
Pursuant to Tex. Prop. Code § 82.157, a condominium association is required to furnish a resale certificate no later than the tenth day after the date of receiving a written request from the selling unit owner. If a condominium association fails to furnish the resale certificate within the ten-day period, the selling unit owner may deliver to the purchaser a sworn affidavit in lieu of the resale certificate and the seller and purchaser may agree in writing to waive the requirement of the seller delivering the resale certificate.
This form may be modified to use as additional clauses in the sales contract.
Waiver of Condominium Resale Certificate
Seller:
Buyer:
Contract Effective Date:
Condominium Association:
Description of Condominium:
Seller has advised Buyer that the Condominium Association has failed to issue a resale certificate within ten days after Seller’s written request for the Condominium Association to issue the resale certificate. Seller has delivered to Buyer a sworn affidavit setting out the information required in the resale certificate. Seller and Buyer hereby waive the requirement for the Condominium Association to issue a resale certificate incident to sale of the [Property/Condominium described above].
[Name of seller]
Date:
[Name of buyer]
Date: