Tex. Codes » Property Code · TITLE 2. CONVEYANCES · CHAPTER 5. CONVEYANCES
Texas Codes

Tex. Prop. Code § 5.063 (2026)

Notice

✓ current as of May 2026
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Sec. 5.063. NOTICE. (a) Notice under Section 5.064 must be in writing and must be delivered by registered or certified mail, return receipt requested. The notice must be conspicuous and printed in 14-point boldface type or 14-point uppercase typewritten letters, and must include on a separate page the statement:

NOTICE


YOU ARE NOT COMPLYING WITH THE TERMS OF THE CONTRACT TO BUY YOUR PROPERTY. UNLESS YOU TAKE THE ACTION SPECIFIED IN THIS NOTICE BY (date) THE SELLER HAS THE RIGHT TO TAKE POSSESSION OF YOUR PROPERTY.

(b) The notice must also:

(1) identify and explain the remedy the seller intends to enforce;

(2) if the purchaser has failed to make a timely payment, specify:

(A) the delinquent amount, itemized into principal and interest;

(B) any additional charges claimed, such as late charges or attorney's fees; and

(C) the period to which the delinquency and additional charges relate; and

(3) if the purchaser has failed to comply with a term of the contract, identify the term violated and the action required to cure the violation.

(c) Notice by mail is given when it is mailed to the purchaser's residence or place of business. The affidavit of a person knowledgeable of the facts to the effect that notice was given is prima facie evidence of notice in an action involving a subsequent bona fide purchaser for value if the purchaser is not in possession of the real property and if the stated time to avoid the forfeiture has expired. A bona fide subsequent purchaser for value who relies upon the affidavit under this subsection shall take title free and clear of the contract.

Acts 1983, 68th Leg., p. 3485, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 444, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 994, Sec. 2, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.062 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2002–2022 · leading case: Leonel Ferrara v. Joan Nutt & Maick S. Dalu, 555 S.W.3d 227 (Tex. App. 2018).
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Leonel Ferrara v. Joan Nutt & Maick S. Dalu, 555 S.W.3d 227 (Tex. App. 2018). “, TEX. PROP. CODE ANN. §§ 5.063, .064, .069, .”
Nguyen v. Yovan, 317 S.W.3d 261 (Tex. App. 2009). “Tex. PROp.Code Ann. § 5.063 (Vernon 2004).”
Kevin T. Morton v. Hung Nguyen & Carol S. Nguyen, 369 S.W.3d 659 (Tex. App. 2012). “In Yovan , the First Court of Appeals held that the trial court erroneously found a seller “made a good faith effort to abide by” Texas Property Code sections 5.063 and 5.”
Azhar M. Chaudhary v. Wenshan Zhang (Tex. App. 2021). · cites it 2× “1 He instead argues that the sales contract was an executory contract and that he accordingly was entitled to a different statutory notice—one that is specific to certain claims concerning executory contracts—as described in Texas Property Code sections 5.063 and 5.”
Aeithiea Laisne v. Woldert Partners, Ltd. (Tex. App. 2002). · cites it 2× “The letter from Woldert to Laisne complied with Texas Property Code Section 5.063, which requires written notice of default, delivery by registered or certified mail, return receipt requested, and inclusion of a boldface notice of default on a separate page.”
Carlos Lamas v. Luis Raul Sandoval Gonzalez (Tex. App. 2022). “069 (seller’s disclosure requirements); § 5.076 (recording requirement imposed on seller); § 5.”
Anna Marie Nguyen v. Alex Yovan & Philip Yovan (Tex. App. 2009). “Tex. Prop. Code Ann. § 5.063 (Vernon 2004).”
Timothy Ernest Reber v. State (Tex. App. 2004). “Tex. Prop. Code Ann. § 5.063 (a), (c) (Vernon 2004).”
Joe Hall v. Ronda Parks (Tex. App. 2009). “Tex. Prop. Code Ann. § 5.063 (a), (c) (Vernon 2004).”
Joe Hall v. Ronda Parks (Tex. App. 2009). “Tex. Prop. Code Ann. § 5.063 (a), (c) (Vernon 2004).”
Joe Hall v. Ronda Parks (Tex. App. 2009). “Tex. Prop. Code Ann. § 5.063 (a), (c) (Vernon 2004).”
Charles R. Ward, III A/K/A Chuck R. Ward v. Charles & Diana Malone (Tex. App. 2007). “061 of this code, avoid the enforcement of a remedy described by that section by complying with the terms of the contract up to the date of compliance.”
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