Texas Codes

Tex. Prop. Code § 5.076 (2026)

Recording Requirements

✓ current as of May 2026

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Sec. 5.076. RECORDING REQUIREMENTS. (a) Except as provided by Subsection (b), the seller shall record the executory contract, including the attached disclosure statement required by Section 5.069, as prescribed by Title 3 on or before the 30th day after the date the contract is executed.

(b) Section 12.002(c) does not apply to an executory contract filed for record under this section.

(c) If the executory contract is terminated for any reason, the seller shall record the instrument that terminates the contract.

(d) The county clerk shall collect the filing fee prescribed by Section 118.011, Local Government Code.

(e) A seller who violates this section is liable to the purchaser in the same manner and for the same amount as a seller who violates Section 5.079 is liable to a purchaser, except the damages may not exceed $500 for each calendar year of noncompliance. This subsection does not limit or affect any other rights or remedies a purchaser has under other law.

Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.099 and amended Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 996 (H.B. 311), Sec. 5, eff. September 1, 2015.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2015–2024 · leading case: Daniel Villanueva v. RNA Fin. LLC (Tex. App. 2024).

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Daniel Villanueva v. RNA Fin. LLC (Tex. App. 2024). · cites it 3× “In two issues on appeal, Villanueva argues that the trial court erred by granting summary judgment to RNA Financial on two of his counterclaims—purported violations of Texas Property Code Sections 5.076 and 5.”

John Thomas Aiken v. Angelique S. Naylor (Tex. App. 2015). · cites it 2× “vii, 11 TEX. PROP. CODE ANN. § 5.076 (West 2014).”

Carlos Lamas v. Luis Raul Sandoval Gonzalez (Tex. App. 2022). “See TEX.PROP.CODE ANN. § 5.076(a) (providing that “the seller shall record the executory contract .”

— Tex. Prop. Code § 5.076(a) — 1 case

Carlos Lamas v. Luis Raul Sandoval Gonzalez (Tex. App. 2022). “See TEX.PROP.CODE ANN. § 5.076(a) (providing that “the seller shall record the executory contract .”

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