Texas Codes

Tex. Prop. Code § 41.006 (2026)

Certain Sales Of Homestead

✓ current as of May 2026

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Sec. 41.006. CERTAIN SALES OF HOMESTEAD. (a) Except as provided by Subsection (c), any sale or purported sale in whole or in part of a homestead at a fixed purchase price that is less than the appraised fair market value of the property at the time of the sale or purported sale, and in connection with which the buyer of the property executes a lease of the property to the seller at lease payments that exceed the fair rental value of the property, is considered to be a loan with all payments made from the seller to the buyer in excess of the sales price considered to be interest subject to Title 4, Finance Code.

(b) The taking of any deed in connection with a transaction described by this section is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and the deed is void and no lien attaches to the homestead property as a result of the purported sale.

(c) This section does not apply to the sale of a family homestead to a parent, stepparent, grandparent, child, stepchild, brother, half brother, sister, half sister, or grandchild of an adult member of the family.

Added by Acts 1987, 70th Leg., ch. 1130, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.84, eff. Sept. 1, 1999.

Notes of Decisions

Cited in 3 cases, 2003–2015 · leading case: Enrique Lopez, D/B/A Maternidad La Piedad v. Marina Edith Osuna, Individually & as Next Friend for Sarai Edith Gonzalez & Benito Gonzalez Cantu, 453 S.W.3d 60 (Tex. App. 2014).

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Enrique Lopez, D/B/A Maternidad La Piedad v. Marina Edith Osuna, Individually & as Next Friend for Sarai Edith Gonzalez & Benito Gonzalez Cantu, 453 S.W.3d 60 (Tex. App. 2014). “2014) (violation of statutes governing “Cancellation of Certain Consumer Transactions”); Tex. Prop.Code Ann. § 41.006(b) (West 2014) (violation of statutes governing “Certain Sales of Homestead”); Tex.”

Jay v. Nesco Acceptance Corp. (In Re Jay), 308 B.R. 251 (N.D. Tex. 2003). · cites it 2× “Tex. Prop.Code ANN. § 41.006 (Vernon 2002).”

Premium Assets, Inc. v. Lydia A. Garcia D/B/A Joe Lynn Dazzles & More & Lydia Ann Garcia (Tex. App. 2015). “302 Certain Sales Of Homestead Tex. Prop. Code§ 41.006(b) Coastal Public Lands Management Act of 1973 Tex.”

— Tex. Prop. Code § 41.006(b) — 2 cases

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