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Chapter 4

Form 4-12

Pursuant to Tex. Loc. Gov’t Code § 212.155, if the governing body of a municipality has required any person who sells or conveys restricted property located within its jurisdiction to first give written notice to the purchaser of (1) the restrictions and (2) the municipality’s right to enforce compliance with the restrictions, the following written notice must be given to the purchaser on or before the final closing, signed and acknowledged by both seller and purchaser, and recorded in the real property records in the county where the real property is located.

Notice to Purchaser Regarding Restrictive Covenants

State of Texas)

County of)

Buyer:

Seller:

Property: [include legal description and street address]

The Property is being purchased by Buyer and is subject to deed restrictions recorded in [recording data] of the Official Public Records of [county] County, Texas. THE RESTRIC­TIONS LIMIT THE BUYER’S USE OF THE PROPERTY. THE CITY OF [city] IS AUTHORIZED BY STATUTE TO ENFORCE COMPLIANCE WITH CERTAIN DEED RESTRICTIONS. ANY PROVISIONS THAT RESTRICT THE SALE, RENTAL, OR USE OF THE REAL PROPERTY ON THE BASIS OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN ARE UNENFORCEABLE; however, the inclusion of such provisions does not render the remainder of the deed restrictions invalid.

 

Seller:

      
[Name of seller]
Date:

Include acknowledgment.

The undersigned hereby acknowledges receipt of the Notice to Purchaser Regarding Restrictive Covenants at or before closing the purchase of the Property.

Buyer:

      
[Name of buyer]
Date:

Include acknowledgment.