Texas Codes

Tex. Prop. Code § 5.062 (2026)

Applicability

✓ current as of May 2026

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Sec. 5.062. APPLICABILITY. (a) This subchapter applies only to a transaction involving an executory contract for conveyance of real property used or to be used as the purchaser's residence or as the residence of a person related to the purchaser within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code. For purposes of this subchapter, and only for the purposes of this subchapter:

(1) a lot measuring one acre or less is presumed to be residential property; and

(2) an option to purchase real property that includes or is combined or executed concurrently with a residential lease agreement, together with the lease, is considered an executory contract for conveyance of real property.

(b) This subchapter does not apply to the following transactions under an executory contract:

(1) the sale of state land; or

(2) a sale of land by:

(A) the Veterans' Land Board;

(B) this state or a political subdivision of this state; or

(C) an instrumentality, public corporation, or other entity created to act on behalf of this state or a political subdivision of this state, including an entity created under Chapter 303, 392, or 394, Local Government Code.

(c) This subchapter does not apply to an executory contract that provides for the delivery of a deed from the seller to the purchaser within 180 days of the date of the final execution of the executory contract.

(d) Section 5.066 and Sections 5.068-5.080 do not apply to a transaction involving an executory contract for conveyance if the purchaser of the property:

(1) is related to the seller of the property within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code; and

(2) has waived the applicability of those sections in a written agreement.

(e) Sections 5.066, 5.067, 5.071, 5.075, 5.079, 5.081, and 5.082 do not apply to an executory contract described by Subsection (a)(2).

(f) Notwithstanding any other provision of this subchapter, only the following sections apply to an executory contract described by Subsection (a)(2) if the term of the contract is three years or less and the purchaser and seller, or the purchaser's or seller's assignee, agent, or affiliate, have not been parties to an executory contract to purchase the property covered by the executory contract for longer than three years:

(1) Sections 5.063-5.065;

(2) Section 5.073, except for Section 5.073(a)(2); and

(3) Sections 5.083 and 5.085.

(g) Except as provided by Subsection (b), if Subsection (f) conflicts with another provision of this subchapter, Subsection (f) prevails.

Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.091 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 978 (H.B. 1823), Sec. 2, eff. September 1, 2005.

Acts 2015, 84th Leg., R.S., Ch. 996 (H.B. 311), Sec. 1, eff. September 1, 2015.

Notes of Decisions

Cited in 29 cases (7 in the last 5 years), 2000–2026 · leading case: Flores v. Millennium Interests, Ltd., 185 S.W.3d 427 (Tex. 2005).

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Flores v. Millennium Interests, Ltd., 185 S.W.3d 427 (Tex. 2005). · cites it 4× “Laws 1319 , 1327 (current version at Tex. Prop.Code §§ 5.062, .077,.079). The Legislature's purpose is clear, but the statute's language complicates interpretation of the statute's provisions.”

Stanley Shook// Terry Walden & Joy Walden v. Terry Walden & Joy Walden// Stanley Shook, Patrick Jaehne & S&J Endeavors, L.L.C., 368 S.W.3d 604 (Tex. App. 2012). · cites it 4× “See Tex. Prop. Code Ann. §§ 5.062 (a), .079 (West 2004).”

Leonel Ferrara v. Joan Nutt & Maick S. Dalu, 555 S.W.3d 227 (Tex. App. 2018). · cites it 2× “” See TEX. PROP. CODE § 5.062(a). There was no or insufficient evidence that the Property was being used as Ferrara’s residence or that Ms.”

Dickey v. McComb Dev. Co., Inc., 115 S.W.3d 42 (Tex. App. 2003). · cites it 2× “See Tex. Prop.Code Ann. § 5.062 (a) (Vernon Supp.”

Nguyen v. Yovan, 317 S.W.3d 261 (Tex. App. 2009). “For purposes of this subchapter, and only for the purposes of this subchapter: (1) a lot measuring one acre or less is presumed to be residential property; Tex. PROP.Code Ann. § 5.062 (Vernon Supp.”

Lugo v. Ross, 378 S.W.3d 620 (Tex. App. 2012). · cites it 2× “” Tex. Prop.Code Ann. § 5.062(a) (West Supp.”

Quran Bryant, Stephen A. Barfield, & Grace Everett v. Dennis J. Cady, Ind. & as Tr. of the Dennis J. Cady Living Trust D/B/A Cady Enter., 445 S.W.3d 815 (Tex. App. 2014). “Tex. Prop.Code Ann. § 5.062(a)(2). It is undisputed that the Bryant, Barfield, and Everett leases, being signed on the same day, were executed concurrently with the agreements to sell.”

Deborah H. Underwood Graves v. Nancy D. Logan, 404 S.W.3d 582 (Tex. App. 2010). “” Tex. Prop.Code Ann. § 5.062(a)(2) (Vernon Supp.”

Lee v. Choudhri (Bankr. S.D. Tex. 2021). · cites it 7× “53 Plaintiff asserts that the aforementioned sections referenced were specifically passed to curtail the abusive monetary policies for residential property for those who did not have access to traditional mortgage financing.”

Rose Mary G. Sanchez & Noe G. Sanchez v. Christopher Paul Montalvo A/K/A Chris Montalvo & MadChris, LLC (Tex. App. 2021). · cites it 5× “See TEX. PROP. CODE ANN. § 5.062 (providing that Subchapter D applies to an executory contract that provides for the delivery of a deed from the seller to the purchaser more than 180 days from the date of the contract’s execution).”

John Thomas Aiken v. Angelique S. Naylor (Tex. App. 2015). · cites it 4× “4, 16–17 TEX. PROP. CODE ANN. § 5.062 (West 2014) .”

Bobbie White v. Josefino Bencomo III (Tex. App. 2015). · cites it 4× “TEXAS STATUTES Tex. Prop. Code § 5.062 ………….…………………………. 1 Tex.”

Show all 29 citing cases →

— Tex. Prop. Code § 5.062(a) — 6 cases

Leonel Ferrara v. Joan Nutt & Maick S. Dalu, 555 S.W.3d 227 (Tex. App. 2018). “” See TEX. PROP. CODE § 5.062(a). There was no or insufficient evidence that the Property was being used as Ferrara’s residence or that Ms.”

Stanley Shook// Terry Walden & Joy Walden v. Terry Walden & Joy Walden// Stanley Shook, Patrick Jaehne & S&J Endeavors, L.L.C., 368 S.W.3d 604 (Tex. App. 2012). “See Tex. Prop. Code Ann. §§ 5.062 (a), .079 (West 2004).”

Lugo v. Ross, 378 S.W.3d 620 (Tex. App. 2012). “” Tex. Prop.Code Ann. § 5.062(a) (West Supp.”

Lee v. Choudhri (Bankr. S.D. Tex. 2021). “53 Plaintiff asserts that the aforementioned sections referenced were specifically passed to curtail the abusive monetary policies for residential property for those who did not have access to traditional mortgage financing.”

Maria Garces v. Ramona Hernandez (Tex. App. 2016).

— Tex. Prop. Code § 5.062(a)(2) — 9 cases

Deborah H. Underwood Graves v. Nancy D. Logan, 404 S.W.3d 582 (Tex. App. 2010). “” Tex. Prop.Code Ann. § 5.062(a)(2) (Vernon Supp.”

Robert Salazar, Elia Salazar &/or All Occupants of 6327 Darby Way, Spring, Tx 77338 v. HPA Texas Sub 2016-1 LLC (Tex. App. 2020).

Rose Mary G. Sanchez & Noe G. Sanchez v. Christopher Paul Montalvo A/K/A Chris Montalvo & MadChris, LLC (Tex. App. 2021).

Rose Mary G. Sanchez & Noe G. Sanchez v. Christopher Paul Montalvo A/K/A Chris Montalvo & MadChris, LLC (Tex. App. 2021). “See TEX. PROP. CODE ANN. § 5.062 (providing that Subchapter D applies to an executory contract that provides for the delivery of a deed from the seller to the purchaser more than 180 days from the date of the contract’s execution).”

— Tex. Prop. Code § 5.062(f) — 1 case

Lugo v. Ross, 378 S.W.3d 620 (Tex. App. 2012). “” Tex. Prop.Code Ann. § 5.062(a) (West Supp.”

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