Texas Rule of Court 652 - Purchaser Failing to Comply

If any person shall bid off property at any sale made by virtue of an execution, and shall fail to comply with the terms of the sale, he shall be liable to pay the plaintiff in execution twenty percent (20%) on the value of the property thus bid off, besides cost, to be recovered on motion, five (5) days notice of such motion being given to such purchaser; and should the property on a second sale bring less than on the former, he shall be liable to pay to the defendant in execution all loss which he sustains thereby, to be recovered as above provided.

Civil Practice and Remedies Codes

Section 34.0445 - Persons Eligible to Purchase Real Property

• An officer conducting a sale of real property under this subchapter may not execute or deliver a deed to the purchaser of the property unless the purchaser exhibits to the officer an unexpired written statement issued to the person in the manner prescribed by Section 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale is conducted has determined that:
  • There are no delinquent ad valorem taxes owed by the person to that county; and
  • For each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality.
• An individual may not bid on or purchase the property in the name of any other individual. An officer conducting a sale under this subchapter may not execute a deed to any person other than the person who was the successful bidder.
• The deed executed by the officer conducting the sale must name the successful bidder as the grantee and recite that the successful bidder exhibited to that officer an unexpired written statement issued to the person in the manner prescribed by Section 34.015, Tax Code, showing that the county assessor-collector of the county in which the sale was conducted determined that:
  • There are no delinquent ad valorem taxes owed by the person to that county; and
  • For each school district or municipality having territory in the county there are no known or reported delinquent ad valorem taxes owed by the person to that school district or municipality.
• If a deed contains the recital required by Subsection,
  • It is conclusively presumed that this section was complied with.
  • A personal who knowingly violates this section commits an offense. An offense under this Subsection is a Class B misdemeanor.
  • To the extent of a conflict between this section and any other law, this section controls.

For More Information

For more information about tax sale regulations, contact the precinct four constable at (817) 579-3204.