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

Tex. Prop. Code § 5.079 (2026)

Title Transfer

✓ current as of May 2026
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Sec. 5.079. TITLE TRANSFER. (a) A recorded executory contract shall be the same as a deed with a vendor's lien. The vendor's lien is for the amount of the unpaid contract price, less any lawful deductions, and may be enforced by foreclosure sale under Section 5.066 or by judicial foreclosure. A general warranty is implied unless otherwise limited by the recorded executory contract. If an executory contract has not been recorded or converted under Section 5.081, the seller shall transfer recorded, legal title of the property covered by the executory contract to the purchaser not later than the 30th day after the date the seller receives the purchaser's final payment due under the contract.

(b) A seller who violates Subsection (a) is liable to the purchaser for:

(1) liquidated damages in the amount of:

(A) $250 a day for each day the seller fails to transfer the title to the purchaser during the period that begins the 31st day and ends the 90th day after the date the seller receives the purchaser's final payment due under the contract; and

(B) $500 a day for each day the seller fails to transfer title to the purchaser after the 90th day after the date the seller receives the purchaser's final payment due under the contract; and

(2) reasonable attorney's fees.

(c) If a person to whom a seller's property interest passes by will or intestate succession is required to obtain a court order to clarify the person's status as an heir or to clarify the status of the seller or the property before the person may convey good and indefeasible title to the property, the court in which the action is pending may waive payment of the liquidated damages and attorney's fees under Subsection (b) if the court finds that the person is pursuing the action to establish good and indefeasible title with reasonable diligence.

(d) In this section, "seller" includes a successor, assignee, personal representative, executor, or administrator of the seller.

Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.102 and amended by 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. 7, eff. September 1, 2015.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 2003–2024 · leading case: 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).
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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 3× “” Tex. Prop. Code Ann. § 5.079 (a). A seller who violates this requirement is liable to the purchaser for liquidated damages in the amount of $250 per day for each day the seller fails to transfer title between thirty-one and ninety days after the seller receives the purchaser’s…”
Brown v. De La Cruz, 156 S.W.3d 560 (Tex. 2004). · cites it 2× “Accordingly, we reverse that court’s judgment and render judgment that De La Cruz take nothing. Justice SMITH concurred in the judgment only.”
Flores v. Millennium Interests, Ltd., 185 S.W.3d 427 (Tex. 2005). · cites it 2× “Laws 1327 (current version at Tex. Prop.Code § 5.079). The 2001 amendment recharacterized these penalties as "liquidated damages" but did not otherwise change the statutory formula for computing these damages.”
De La Cruz v. Brown, 109 S.W.3d 73 (Tex. App. 2003). · cites it 4× “Tex.PROp.Code Ann. § 5.079 (Vernon’s Supp.”
Zuniga v. Velasquez, 274 S.W.3d 770 (Tex. App. 2008). · cites it 2× “Tex. Prop. Code Ann. § 5.079 (Vernon 2004).”
De La Cruz, Arturo v. Brown, Columbus P., A/K/A C. P. Brown (Tex. App. 2003). · cites it 3× “994, § 3 (amended 2001)(current version at Tex.Prop. Code Ann. § 5.079 (Vernon Supp.”
Bobbie White v. Josefino Bencomo III (Tex. App. 2015). · cites it 2× “4 Tex. Prop. Code Ann. § 5.079 (a) ........”
Brenda Matthews Stidham v. Ocwen Loan Servicing, L (5th Cir. 2020). “Stidham then filed an amended complaint seeking (1) liquidated damages under Texas Property Code § 5.079 for failing to provide a recorded warranty deed within thirty days after the contract was paid in full and (2) actual damages for the taxes and insurance that she paid on the…”
Unitedhealthcare Ins. Co. Unitedhealthcare of Texas, Inc. v. Acs Primary Care Physicians Sw., P.A. Hill Cnty. Emergency Med. Assocs., P.A. Longhorn Emergency Med. Assocs., P.A. Cent. Texas Emergency Assocs., P.A. Emergency Assocs. of Cent. Texas, P.A. Emergency Servs. of Texas, P.A. (Tex. 2023). “at 564-565 (quoting TEX. PROP. CODE § 5.079(b)). 35 Id. at 562.”
Carol Warren v. Donald Hallett (Tex. App. 2024). “’”) (quoting TEX. PROP. CODE § 5.079(a). –7– landlord-tenant relationship is lacking.”
Daniel Villanueva v. RNA Fin. LLC (Tex. App. 2024). “Viewing that evidence under the applicable standard of review,7 we hold that RNA Financial’s 6 Section 5.079(d)—a section within the same subchapter as Sections 5.”
Stanley Shook// Terry Walden & Joy Walden v. Terry Walden & Joy Walden// Stanley Shook, Patrick Jaehne & S&J Endeavors, L.L.C. (Tex. App. 2012). “However, I do not agree with the majority's conclusion that the jury's findings of alter-ego and "sham" do not support the trial court's judgment against Shook.”
Show all 14 citing cases →
— Tex. Prop. Code § 5.079(a) — 3 cases
Brown v. De La Cruz, 156 S.W.3d 560 (Tex. 2004). “Accordingly, we reverse that court’s judgment and render judgment that De La Cruz take nothing. Justice SMITH concurred in the judgment only.”
Zuniga v. Velasquez, 274 S.W.3d 770 (Tex. App. 2008). “Tex. Prop. Code Ann. § 5.079 (Vernon 2004).”
Carol Warren v. Donald Hallett (Tex. App. 2024). “’”) (quoting TEX. PROP. CODE § 5.079(a). –7– landlord-tenant relationship is lacking.”
— Tex. Prop. Code § 5.079(b) — 2 cases
Brown v. De La Cruz, 156 S.W.3d 560 (Tex. 2004). “Accordingly, we reverse that court’s judgment and render judgment that De La Cruz take nothing. Justice SMITH concurred in the judgment only.”
Unitedhealthcare Ins. Co. Unitedhealthcare of Texas, Inc. v. Acs Primary Care Physicians Sw., P.A. Hill Cnty. Emergency Med. Assocs., P.A. Longhorn Emergency Med. Assocs., P.A. Cent. Texas Emergency Assocs., P.A. Emergency Assocs. of Cent. Texas, P.A. Emergency Servs. of Texas, P.A. (Tex. 2023). “at 564-565 (quoting TEX. PROP. CODE § 5.079(b)). 35 Id. at 562.”
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