| Item | Value |
|---|---|
| Is an assignment legal here? | yes |
| What the matrix says about it | Texas expressly contemplates assignment of an equitable interest and regulates the DISCLOSURE rather than the act. |
| Marketing rule the gate enforces | contract_only_statutory |
| What that means in practice | Occ. Code 1101.0045: a person selling an OPTION or ASSIGNING an interest in a contract to purchase real property, who does not disclose the nature of that equitable interest to a potential buyer, is acting as a broker. Prop. Code 5.086 requires the same disclosure when an equitable interest in residential property is conveyed. |
| What triggers a licence requirement | Failing to disclose that you are selling only an option / assigning a contract and do not hold legal title (Occ. Code 1101.0045). |
| Written seller disclosure required? | yes |
| Basis for the disclosure | Tex. Prop. Code 5.086 + Tex. Occ. Code 1101.0045 |
| Statutory wording required? | yes — The statute prescribes the substance of the notice. Use the exact statutory wording -- owner/counsel must paste the current text of Prop. Code 5.086 into the template before first use; this pipeline emits a placeholder marked OWNER_COUNSEL_INSERT. |
| F5259 bucket | GO_WITH_CONDITIONS |
| Condition the gate enforces | Statutory disclosure: Occ. Code 1101.0045 (non-disclosure of the equitable interest when selling an option / assigning a contract = acting as a broker) + Prop. Code 5.086. Use the statutory wording. |
| Verification status | PRIMARY_STATUTE |
| Attorney review required before first use? | yes |
| Lead class | Verdict |
|---|---|
| land | GO_WITH_DISCLOSURE |
| preforeclosure non owner occupied | GO_WITH_DISCLOSURE |
| preforeclosure owner occupied | GO_WITH_DISCLOSURE |
| probate | GO_WITH_DISCLOSURE |
| tax delinquent | GO_WITH_DISCLOSURE |
the whole grid · probate in TX · the disclosure blocks
Not legal advice. We are not a law firm and we do not draft documents for anyone else. A template is a starting point for a transaction you are a principal in; it is not a substitute for a lawyer licensed in the state the property sits in, and in several states the disclosure below has statutory wording that must be copied exactly. Have counsel read it before you sign.
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