Sec. 5.072. ORAL AGREEMENTS PROHIBITED. (a) An executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party's authorized representative.
(b) The rights and obligations of the parties to a contract are determined solely from the written contract, and any prior oral agreements between the parties are superseded by and merged into the contract.
(c) An executory contract may not be varied by any oral agreements or discussions that occur before or contemporaneously with the execution of the contract.
(d) The seller shall include in a separate document or in a provision of the contract a statement printed in 14-point boldfaced type or 14-point uppercase typewritten letters that reads substantially similar to the following:
THIS EXECUTORY CONTRACT REPRESENTS THE FINAL AGREEMENT BETWEEN THE SELLER AND PURCHASER AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
____________________________
____________________________
(Date)
(Signature of Seller)
____________________________
____________________________
(Date)
(Signature of Purchaser)
(e) The seller's failure to provide the notice required by this section:
(1) is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and is actionable in a public or private suit brought under Subchapter E, Chapter 17, Business & Commerce Code; and
(2) entitles the purchaser to cancel and rescind the executory contract and receive a full refund of all payments made to the seller.
(f) Subsection (e) does not limit the purchaser's remedy against the seller for other false, misleading, or deceptive acts or practices actionable in a suit brought under Subchapter E, Chapter 17, Business & Commerce Code.
Added by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.
Notes of Decisions
Cited in
16
cases (
6 in the last 5 years), 2007–2026 · leading case:
Burrus v. Reyes, 516 S.W.3d 170 (Tex. App. 2017).
Burrus v. Reyes, 516 S.W.3d 170 (Tex. App. 2017).
· cites it 2× “072 of the Texas Property Code, which addresses contracts for deed, provides that an “executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party’s authorized representative.”
Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2014).
· cites it 6× “VOID EXECUTORY CONTRACT In their first issue, the Smiths claim that the executory contract is void because it violates Texas Property Code Section 5.072. Specifically, the Smiths argue in their brief that “the written agreement on which [the Davises] base their claims is void,…”
Jack Craig Effel v. Robert G. Rosberg (Tex. App. 2018).
· cites it 2× “201 …………………………………………………………… 3, 10 STATEMENT REGARDING ORAL ARGUMENT Appellant has not requested oral argument and the case does not require it. However, should appellant later request oral argument, appellee reserves the right to present argument in response.”
Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2015).
· cites it 3× “TEXAS PROPERTY CODE SECTION 5.072 – ENFORCEABILITY OF EXECUTORY CONTRACTS In their first, fourth, seventh, and tenth issues, the Smiths claim that the executory contract violates Section 5.”
in Re Kingman Holdings, LLC, as Tr. (Tex. App. 2021).
“See TEX. PROP. CODE ANN. § 5.072(a) (“An executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party’s authorized representative.”
— Tex. Prop. Code § 5.072(a) — 4 cases
Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2014).
“VOID EXECUTORY CONTRACT In their first issue, the Smiths claim that the executory contract is void because it violates Texas Property Code Section 5.072. Specifically, the Smiths argue in their brief that “the written agreement on which [the Davises] base their claims is void,…”
in Re Kingman Holdings, LLC, as Tr. (Tex. App. 2021).
“See TEX. PROP. CODE ANN. § 5.072(a) (“An executory contract is not enforceable unless the contract is in writing and signed by the party to be bound or by that party’s authorized representative.”
Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2015).
“TEXAS PROPERTY CODE SECTION 5.072 – ENFORCEABILITY OF EXECUTORY CONTRACTS In their first, fourth, seventh, and tenth issues, the Smiths claim that the executory contract violates Section 5.”
— Tex. Prop. Code § 5.072(d) — 2 cases
Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2015).
“TEXAS PROPERTY CODE SECTION 5.072 – ENFORCEABILITY OF EXECUTORY CONTRACTS In their first, fourth, seventh, and tenth issues, the Smiths claim that the executory contract violates Section 5.”
— Tex. Prop. Code § 5.072(e)(1) — 1 case
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