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Chapter 4

Form 4-17

This notice must be given to the purchaser of an unimproved property that has no existing water facili­ties and that is located in a certificated service area of a utility service provider. Tex. Water Code § 13.257. Refer to Tex. Water Code § 13.257(c) for types of sales that are excepted from the notice requirement. The seller must give a prospective purchaser this notice before or at the same time as the execution of the contract. At closing, the purchaser and seller must sign and acknowledge a separate copy of the notice with current information; that copy must be recorded. Tex. Water Code § 13.257(g). Each special utility district keeps a map of its service area; this information is also available from the Texas Commission on Environmental Quality.

Notice for Unimproved Property in a Certificated Service Area
of a Utility Service Provider

The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property.

The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property.

Insert property description.

   
[Name of purchaser]
Date:

No signatures are required if the notice is an addendum to a signed purchase and sale contract. If the notice is separate from the purchase and sale contract, only the purchaser’s sig­nature is required. Both the purchaser and seller must sign the copy executed at the time of closing. Tex. Water Code § 13.257(g).

   
[Name of seller]
Date:

Except for notices included as an addendum to or paragraph of a purchase contract, the notice must be executed by the seller and purchaser, as indicated.

Include acknowledgments if the notice is signed at the time of closing.