3.52 Contracts For Sale, Forfeiture Of


Declaration Of Forfeiture

A unilateral vendor's declaration of forfeiture does not eliminate the rights of a vendee under a contract for sale unless coupled with the protection of a statutory provision.

Section 5.06, Property Code, requires that timely notice be given depending on the payment history of the contract purchaser. Section 5.062, Property Code, sets out the requirements of the statutory notice and provides that an affidavit, under certain circumstances, will constitute prima facie evidence that the notice provisions of 5.061 were done properly. You may rely on the affidavit for the purpose of insuring a bona fide purchaser subsequent to a properly done forfeiture.