Texas Survey and T-47 Affidavit: What Tyler and Longview Sellers Should Know

The short answer

On the standard Texas resale contract, the parties choose who handles the survey. If the seller agrees to provide an existing survey, TREC Form 20-19 says the seller must deliver it within the agreed number of days along with a T-47 Affidavit or T-47.1 Declaration from the Texas Department of Insurance. If the seller misses either piece, the buyer gets a new survey at the seller's expense. Tyler and Longview sellers should find their old survey early.

What the contract says

Paragraph 6C of TREC's One to Four Family Residential Contract (Resale), Form 20-19 says the survey must be made by a registered professional land surveyor acceptable to the title company and the buyer's lender. Then one box is checked:

1. Seller furnishes the existing survey plus a T-47 Affidavit or T-47.1 Declaration within the stated number of days after the Effective Date. If the seller fails to furnish both the existing survey and the affidavit or declaration on time, the buyer obtains a new survey at the seller's expense no later than 3 days before closing. If the title company or lender doesn't accept the existing survey or affidavit/declaration, the contract's checkbox decides whether the seller or the buyer pays for a new one.
2. Buyer gets a new survey at the buyer's expense within the stated number of days.
3. Seller furnishes a new survey at the seller's expense within the stated number of days.

Paragraph 6D then gives the buyer a window to object in writing to certain defects disclosed on the survey or title commitment. That survey can matter well beyond closing day.

This is general information from the published TREC form, not legal advice. Work with your licensed agent, and talk to a real estate attorney or your title company about your specific transaction.

T-47 vs T-47.1: what's the difference?

Both forms are promulgated by the Texas Department of Insurance for title insurance transactions.

• T-47 Residential Real Property Affidavit: the sworn affidavit version.
• T-47.1 Residential Real Property Declaration in Lieu of Affidavit: TDI's Form T-47.1 (effective Nov. 1, 2024) is a declaration provided under Texas Civil Practice and Remedies Code Section 132.001, the unsworn-declaration statute.

On either form, the owner states what has changed since the survey date. The T-47.1 asks whether, to the best of the owner's knowledge, there have been:

• construction projects, such as new structures, additional buildings, rooms, garages, swimming pools, decking, or other permanent improvements;
• changes in the location of boundary fences or walls;
• construction on adjoining property on or near the boundary; or
• conveyances, replattings, or easement grants or dedications (such as a utility line) affecting the property.

Anything that did change has to be listed as an exception. The form warns that intentionally false statements can create liability.

Why East Texas sellers should look now

Plenty of Smith and Gregg County homes have had fences moved, a shop added, a pool put in, or a pipeline or utility easement granted since the last survey. Those are exactly the items the affidavit or declaration asks about. Before you list:

1. Find your existing survey. Check your closing packet, title company, or lender file.
2. Walk the property against the survey drawing: fences, outbuildings, driveways, pools, decks.
3. List changes honestly. If something was added, talk with your agent and title company about whether the existing survey will still be accepted.
4. Decide your survey position before you negotiate, so the 6C box matches what you can actually deliver.
5. Mark the deadline. If you agree to furnish a survey, the days count from the Effective Date.

How this fits the rest of your paperwork

The survey sits alongside other early duties in a Texas sale, like the Seller's Disclosure Notice and the earnest money timelines buyers must meet. Getting documents together before you list keeps these deadlines from stacking up in the first week under contract.

Soft next step

On The Market Texas helps East Texas homeowners with free home-value estimate requests reviewed by a local specialist, with no obligation to list. If you're thinking about selling in the Tyler or Longview area, finding your survey is an easy early win.

Takeaway: If you promise an existing survey, you're promising two documents: the survey and a T-47 or T-47.1. Miss either one and the new survey may be on you.