Texas Codes

Tex. Prop. Code § 113.010 (2026)

Sale Of Property

✓ current as of May 2026

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Sec. 113.010. SALE OF PROPERTY. A trustee may contract to sell, sell and convey, or grant an option to sell real or personal property at public auction or private sale for cash or for credit or for part cash and part credit, with or without security.

Amended by Acts 1983, 68th Leg., p. 3332, ch. 567, art. 2, Sec. 2, eff. Jan. 1, 1984.

Notes of Decisions

Cited in 2 cases, 2017–2020 · leading case: Aubrey v. Aubrey, 523 S.W.3d 299 (Tex. App. 2017).

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Aubrey v. Aubrey, 523 S.W.3d 299 (Tex. App. 2017). “Transferring property without consideration directly violates the terms of the Trust and violates TEXAS PROPERTY CODE § 113.010. The beneficiaries of the Trust are the owners of the Trust assets, not the Trustee.”

Craig Harlan Pense, an Incapacitated Person, & Virginia Petty, as Next Friend v. Walter Mark Bennett & Alisa Ann Bennett (Tex. App. 2020). “” TEX. PROP. CODE ANN. § 113.010. Yet, Pense claims that the trial court erred in granting summary judgment because he raised a fact issue regarding Irvin’s breach of fiduciary duty in the transfer of Tract 7, resulting in an unlawful transfer of Tract 7 to Bennett.”

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