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Current as of January 01, 2024 | Updated by FindLaw Staff
(a) A seller may not include as a term of the executory contract a provision that:
(1) imposes an additional late-payment fee that exceeds the lesser of:
(A) eight percent of the monthly payment under the contract; or
(B) the actual administrative cost of processing the late payment;
(2) prohibits the purchaser from pledging the purchaser's interest in the property as security to obtain a loan to place improvements, including utility improvements or fire protection improvements, on the property;
(3) imposes a prepayment penalty or any similar fee if the purchaser elects to pay the entire amount due under the contract before the scheduled payment date under the contract;
(4) forfeits an option fee or other option payment paid under the contract for a late payment; or
(5) increases the purchase price, imposes a fee or charge of any type, or otherwise penalizes a purchaser leasing property with an option to buy the property for requesting repairs or exercising any other right under Chapter 92.
(b) A provision of the executory contract that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.
Cite this article: FindLaw.com - Texas Property Code - PROP § 5.073. Contract Terms, Certain Waivers Prohibited - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-5-073/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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