Purchaser's Bona Fide Transaction Affidavit (Abandoned Homestead Purchase)

PURCHASER’S BONA FIDE TRANSACTION AFFIDAVIT
(Abandoned Homestead Purchase)

            BEFORE ME, the undersigned authority, on this      day of             , 20      , personally appeared               , hereinafter called “PURCHASER”, an adult person who, being first duly sworn, said and deposed that the following statements are true and correct as matters of his/her personal knowledge:

1.      PURCHASER has contracted to purchase from                  as seller, hereinafter called “Seller”, the property located at [physical address], hereinafter called “the Property” and more fully described as follows: [legal description].

2.            The current transaction between PURCHASER and Seller is a bona fide transaction for sale and purchase of the Property.  The Earnest Money Contract entered into by PURCHASER and Seller is a bona fide contract intended by the parties to be complied with in all respects.

3.            Seller has vacated the Property, having physically moved from it on or about [date].  Seller has removed all personal property owned by Seller from the Property.  Ownership of any personal formerly owned by Seller and still located on the Property has been formally transferred to PURCHASER by written Bill of Sale, a true and correct copy of which is attached to this Affidavit.  Personal property transferred to others by Seller has been removed from the Property.     

4.            To the best of PURCHASER’s knowledge and belief, Seller now resides at [physical address], which premises are either owned or leased to SELLER and which constitute SELLER’s actual residence.  PURCHASER is not aware of any present intent on the part of Seller to reside elsewhere. 

5.            PURCHASER has no intention of allowing Seller to re-occupy the Property at any time and will not permit Seller to re-occupy the Property.  There is no agreement between PURCHASER and Seller under which Seller would be allowed to re-occupy the Property at a later time.  PURCHASER and/or his/her family or tenant(s) will be the sole occupants of the Property subsequent to the closing the current sale/purchase transaction.

PURCHASER acknowledges his/her understanding that [issuing title agent’s name] and Stewart Title Guaranty Company are both relying on the truth of the statements contained in this Affidavit as a specific inducement by PURCHASER for the issuance of one or more Policies of Title Insurance without exception to issues of homestead created by the existence of a family relationship between PURCHASER and Seller.

This Affidavit is made under penalties of perjury.

                                                                                   
                              [Purchaser’s name]

SUBSCRIBED AND SWORN TO before me, the undersigned authority, by [purchaser’s name] on this                    day of                         , 20      .

                                                                                                           
                                                                Notary Public, State of Texas