Tex. Prop. Code Section 5.0145
Suits for Damages

(a)

If any sale or conveyance of real property within a public improvement district is not made in compliance with Section 5.014 (Notice of Obligations Related to Public Improvement District), 5.0141 (Notice Required Before Contract Execution), 5.0142 (Purchaser Signature Required), or 5.0143 (Recording of Notice at Closing), the purchaser may institute a suit for damages under the provisions of Subsection (b) or (e).

(b)

A purchaser of real property whose sale or conveyance is subject to the notice requirement under Section 5.014 (Notice of Obligations Related to Public Improvement District), if the sale or conveyance of the property is not made in compliance with that section or Section 5.0141 (Notice Required Before Contract Execution), 5.0142 (Purchaser Signature Required), or 5.0143 (Recording of Notice at Closing), may institute a suit for damages in the amount of all costs relative to the purchase of the property at the time of purchase, plus interest and reasonable attorney’s fees.

(c)

The suit for damages under Subsection (b) may be instituted jointly or severally against the person, firm, corporation, partnership, organization, business trust, estate, trust, association, or other legal entity that sold or conveyed the property to the purchaser.

(d)

Following the recovery of damages under Subsection (b), the amount of the damages shall first be paid to satisfy all unpaid obligations on each outstanding lien on the property and the remainder of the damage amount shall be paid to the purchaser. On payment of all damages respectively to the lienholders and purchaser, the purchaser shall reconvey the property to the seller.

(e)

A purchaser of real property whose sale or conveyance is subject to the notice requirement under Section 5.014 (Notice of Obligations Related to Public Improvement District), if the sale or conveyance of the property is not made in compliance with that section or Section 5.0141 (Notice Required Before Contract Execution), 5.0142 (Purchaser Signature Required), or 5.0143 (Recording of Notice at Closing), may institute a suit for damages in an amount not to exceed $5,000, plus reasonable attorney’s fees.

(f)

A purchaser is not entitled to recover damages under both Subsections (b) and (e), and entry of a final decision awarding damages to the purchaser under either Subsection (b) or (e) shall preclude the purchaser from recovering damages under the other subsection.

(g)

The relief provided under Subsections (b) and (e) shall be the exclusive remedies for a purchaser aggrieved by the seller’s failure to comply with the provisions of Section 5.014 (Notice of Obligations Related to Public Improvement District), 5.0141 (Notice Required Before Contract Execution), 5.0142 (Purchaser Signature Required), or 5.0143 (Recording of Notice at Closing).

(h)

An action for damages does not apply to, affect, alter, or impair the validity of any existing vendor’s lien, mechanic’s lien, or deed of trust lien on the property.

(i)

A suit for damages under this section must be brought not later than the earlier of:

(1)

the 90th day after the date the purchaser receives the first public improvement district annual assessment installment or tax notice; or

(2)

the fourth anniversary of the date the property is sold or conveyed to the purchaser.

(j)

Notwithstanding a provision of this section, a purchaser may not recover damages under this section if the purchaser:

(1)

purchases an equity in real property and in conjunction with the purchase assumes any liens, whether purchase money or otherwise; and

(2)

does not require proof of title by abstract, title policy, or any other proof of title.

(k)

A purchaser who purchases real property in a public improvement district and who then sells or conveys the property shall on closing of the subsequent sale or conveyance be conclusively considered to have waived any prior right to damages under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.

Source: Section 5.0145 — Suits for Damages, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­5.­htm#5.­0145 (accessed Apr. 20, 2024).

5.001
Fee Simple 5.002
Failing as a Conveyance 5.003
Partial Conveyance 5.004
Conveyance by Authorized Officer 5.005
Aliens 5.006
Attorney’s Fees in Breach of Restrictive Covenant Action 5.007
Vendor and Purchaser Risk Act 5.008
Seller’s Disclosure of Property Condition 5.009
Duties of Life Tenant 5.010
Notice of Additional Tax Liability 5.011
Seller’s Disclosure Regarding Potential Annexation 5.012
Notice of Obligations Related to Membership in Property Owners’ Association 5.013
Seller’s Disclosure of Location of Conditions Under Surface of Unimproved Real Property 5.014
Notice of Obligations Related to Public Improvement District 5.015
Prohibited Fees 5.016
Conveyance of Residential Property Encumbered by Lien 5.019
Notice of Water Level Fluctuations 5.020
Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited 5.021
Instrument of Conveyance 5.022
Form 5.023
Implied Covenants 5.024
Encumbrances 5.025
Wood Shingle Roof 5.026
Discriminatory Provisions 5.027
Correction Instruments: Generally 5.028
Correction Instruments: Nonmaterial Corrections 5.029
Correction Instruments: Material Corrections 5.030
Correction Instrument: Effect 5.041
Future Estates 5.042
Abolition of Common-law Rules 5.043
Reformation of Interests Violating Rule Against Perpetuities 5.061
Definition 5.062
Applicability 5.063
Notice 5.064
Seller’s Remedies on Default 5.065
Right to Cure Default 5.066
Equity Protection 5.067
Placement of Lien for Utility Service 5.068
Foreign Language Requirement 5.069
Seller’s Disclosure of Property Condition 5.070
Seller’s Disclosure of Tax Payments and Insurance Coverage 5.071
Seller’s Disclosure of Financing Terms 5.072
Oral Agreements Prohibited 5.073
Contract Terms, Certain Waivers Prohibited 5.074
Purchaser’s Right to Cancel Contract Without Cause 5.076
Recording Requirements 5.077
Annual Accounting Statement 5.078
Disposition of Insurance Proceeds 5.079
Title Transfer 5.080
Liability for Disclosures 5.081
Right to Convert Contract 5.082
Request for Balance and Trustee 5.083
Right to Cancel Contract for Improper Platting 5.084
Right to Deduct 5.085
Fee Simple Title Required 5.087
Additional Provisions: Certain Counties 5.0141
Notice Required Before Contract Execution 5.0142
Purchaser Signature Required 5.0143
Recording of Notice at Closing 5.0144
Reliance on Filed Service Plan 5.0145
Suits for Damages 5.151
Disclosure in Offer to Purchase Mineral Interest 5.152
Certain Purchases of Mineral or Royalty Interests Void 5.201
Definitions 5.202
Certain Private Transfer Fee Obligations Void 5.203
Notice Requirements for Continuation of Existing Private Transfer Fee Obligations 5.204
Additional Compliance Requirement: Timely Acceptance of Fees Paid Under Existing Private Transfer Fee Obligations 5.0205
Equitable Interest Disclosure 5.205
Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale 5.206
Waiver Void 5.207
Injunctive or Declaratory Relief 5.0261
Removal of Discriminatory Provision from Recorded Conveyance Instrument 5.0621
Construction with Other Law 5.0622
Additional Applicability: Certain Counties
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 5.0145’s source at texas​.gov