Recently, the Texas Department of Insurance made some changes to the T-47 affidavit that become effective November 1st. TDI also created a second survey related affidavit that may make a realtor’s processing a little easier. Let’s look at the T-47 differences and the new form below.
The Form T-47, Residential Real Property Affidavit
Here are the changes that have been made:
• A blank was added for the date of the survey being used for the transaction to help specify which survey the seller is certifying.
• Some non-substantive changes were made for the affidavit so that the affidavit can be signed by one person only, or more people, depending on how many owners you have. (i.e. “We are the owners…” is changed to “I am an owner…”).
• Paragraph 4 has a fairly substantial change. In the prior T-47 affidavit the seller had a blank line where they could input a date from which they certified there were no new changes. It left it somewhat open ended based on what the seller completed in that blank. The new T-47 hardcode the language have the seller certifying to the date of the survey. When a seller makes the certification that there have been no changes to the property (or itemizes out changes that have been made) they are going to the actual date of the survey, which very well may be a date prior to their ownership if they used an existing survey when they purchased. 
This naturally raises some questions about risks to sellers making this representation on surveys that pre-date their ownership. Signing the T-47 may now make the seller responsible for representations as to items that were added to the property prior to their ownership so it is something that sellers and listing agents should make sure they understand when using an existing survey. Here is another article that discusses the pros and cons that may exist here: Surveys: Should We Get a New One? | Texas National Title
• Another change in Paragraph 4 is that the owner is asked to certify as to construction projects on adjoining properties. Similar language has always been contained in the document but is has often been overlooked by sellers and agents since there was no blank to be completed. The language appears as Paragraph 4(c) and is important to recognize that the seller is making the representation there has not been construction that “occurred on or near the boundary of the Property.” How many sellers really read the items to which they are certifying? A prudent listing agent should make sure they understand each item to which the seller is certifying in the survey affidavits.
Click here to see all of the changes to the T-47
Who is this new friend the T-47.1?
The new Form T-47.1 Residential Real Property Declaration In lieu of Affidavit is similar to the T-47 affidavit with a few different pieces.
• The T-47.1 is a declaration, that mirrors the content of the T-47, but does not require an actual notary. It is important to note that it is still made under penalty of perjury and the declarant states in the form that they understand that any person intentionally making a false statement may be liable for actual and/or punitive damages.
• To make execution of this document easier for sellers (and for agents as well) the form allows property owners to sign the form without going to a notary. It can be ink signed and scanned. It can also be signed via electronic signature. Think of this form as a convenient T-47.
• Something to keep in mind is that in order to satisfy the statutory requirements of a “declaration” the form does have to include the seller’s date of birth. Not all sellers will be comfortable providing that information, so this is something to discuss with the sellers before offering it as an option. The signature will appear like this: 
Click here to see the new T-47.1
Can the T-47.1 be used on all transactions starting November 1st?
Not quite. As of November 1st, the TREC contracts have not been updated to provide for use of the T-47.1 affidavit. A draft for approval has been submitted to the Commission and it is expected that it will be approved, but until the contract forms are finalized and approved for use, a listing agent should continue to have their client complete the T-47 affidavit under the normal process you are used to following unless a new survey is part of your transaction.
Once the contracts are updated, Texas National Title will be able to email your clients a link to complete the T47.1 forms electronically to make your transaction run smoothly. We’re ready…. just waiting on the contracts to be updated. Until that time, please continue to prepare your clients to use the T-47 affidavit.