The T-47 Affidavit: How Austin Buyers Avoid a New Survey
A few days into your contract, a line item shows up that almost nobody budgets for: the survey. Your title company wants one, your lender wants one, and the quote comes back at several hundred dollars you did not plan on spending. Most Austin buyers assume that cost is part of buying a house, so they pay it and move on.
Often they did not have to. The Texas contract has a built-in path that lets you reuse the seller’s existing survey, and it turns on a one-page form most buyers never hear about: the T-47. Here are the assumptions that cost Austin buyers money, and what the contract and the state’s title rules actually say.
Key points:
- Paragraph 6C of the Texas contract gives three survey paths, and only one of them starts with you paying for a new survey.
- A T-47 Affidavit (or the newer T-47.1 Declaration, which does not need to be notarized) is what lets the title company accept a survey that already exists.
- Amending the area and boundary exception on an owner’s title policy costs 5 percent of the basic premium, with a $20 minimum, under Texas Rate Rule R-16. On the lender’s policy the charge is $0.
- A new boundary survey on a standard Austin-area lot commonly runs $400 to $750.
- If the seller agreed to furnish an existing survey and affidavit and misses the deadline, the contract puts the new survey at the seller’s expense, not yours.
- The title company is never obligated to accept an existing survey. That decision is underwriting, and it is why a new fence or a new pool can undo the whole plan.
Myth: every Austin home purchase needs a brand-new survey
It does not. The current TREC One to Four Family Residential Contract (Resale), Form 20-19, effective July 1, 2026, sets out three survey options in Paragraph 6C, and the parties check exactly one box. Only option 6C(2) makes the buyer pay for a new survey. Under 6C(1), the seller furnishes an existing survey plus a T-47 Affidavit or T-47.1 Declaration within an agreed number of days after the effective date. Under 6C(3), the seller pays for a brand-new survey.
In practice, 6C(1) is the common choice on Austin resale homes, because most sellers who bought in the last several years already have a survey in their closing file. The contract also requires that any survey be made by a registered professional land surveyor acceptable to both the title company and your lender, so an old sketch or a plat printout does not satisfy it.
What does the T-47 affidavit actually say?
The T-47 is a sworn statement from the seller that the existing survey still matches the property. The seller identifies the survey by date and surveyor, then declares that no construction, additions, or boundary changes have occurred since that date, or lists the ones that have. It is short, usually one page. Since November 1, 2024, Texas also allows the T-47.1 Declaration, which carries the same content as an unsworn declaration and skips the notary step.
That form is the hinge of the whole arrangement. Without it, the title company has no record that the drawing in front of it still describes the house you are buying, so it falls back on requiring a fresh one.
Myth: the T-47 is just paperwork the title company files away
The T-47 buys you something specific on your title policy. By default, a Texas title policy excepts out “any shortages in area” and boundary matters, meaning the insurer is not standing behind where the lines actually fall. Texas Procedural Rule P-2 lets a title company accept an existing survey, supported by that affidavit, and amend the exception instead of demanding a new survey.
The pricing is set by the state rather than by each company. Under Rate Rule R-16, amending the area and boundary exception on a residential owner’s policy costs 5 percent of the basic premium rate on the policy amount, with a minimum of $20. On the lender’s policy the amendment charge is $0. Compare that to a new boundary survey, which Angi’s Austin cost guide puts at $400 to $750 for a standard suburban lot. Your title company can tell you the exact dollar figure for your policy amount, and it is worth asking early rather than at the closing table.
One limit matters here. P-2 permits the company to accept an existing survey. It does not compel it. If the underwriter is not satisfied, no amount of arguing about the affidavit changes the answer.
The three survey paths, side by side
Here is how the options in Paragraph 6C differ once you strip out the legal phrasing. Each one carries a deadline written as a number of days after the effective date, so the timing is negotiable too.
| Contract option | Who produces the survey | Who pays | Main risk to the buyer |
|---|---|---|---|
| 6C(1) Existing survey + T-47 or T-47.1 | Seller, from their own file | No new survey cost if accepted | Title company or lender rejects it, and a new survey is ordered late |
| 6C(2) Buyer obtains a new survey | Buyer orders it | Buyer | You absorb $400 to $750, and the timing is on you |
| 6C(3) Seller furnishes a new survey | Seller orders it | Seller | Fewest surprises, but sellers resist it in stronger markets |
What makes a title company reject an existing survey?
Almost always, a physical change to the property since the survey date. The most common ones in Austin neighborhoods are a replaced or relocated fence, a new pool or spa, a deck or patio extension, a room addition or garage conversion, a new driveway or parking pad, and a detached casita or workshop. Any of those can shift where an improvement sits relative to a boundary or an easement, which is precisely what the policy amendment covers.
Age alone can also do it. Some underwriters and lenders set an internal limit on how old a survey can be, and that limit is company policy rather than a statewide rule, so it varies. Replatting, a new utility easement recorded since the survey, or a seller disclosing changes on the affidavit itself will send the file toward a new survey as well. The affidavit is not a formality to sign around a known change, and a seller who fills it out inaccurately is swearing to something untrue.
Myth: if the existing survey falls through, the cost lands on you
Read 6C(1) closely, because it splits into two very different outcomes. If the seller simply fails to furnish both the existing survey and the affidavit or declaration within the time prescribed, the contract says the buyer shall obtain a new survey at the seller’s expense, no later than three days before the closing date. A seller who blows the deadline pays for the replacement.
The second outcome is the one to watch. If the seller delivers both documents on time but the title company or your lender does not accept them, the contract sends you to a checkbox: the new survey comes at either the seller’s expense or the buyer’s expense, whichever box was marked when the contract was signed. That single check mark, agreed to weeks earlier, decides who writes the check. At Mortgage Austin we suggest buyers look at that box before signing rather than after a rejection.
How a survey problem turns into a closing delay
The survey is also where boundary surprises surface, and the contract puts a clock on them. Under Paragraph 6D, you may object in writing to defects, exceptions, or encumbrances disclosed on the survey, and you must do it by the earlier of the closing date or an agreed number of days after you receive the commitment, exception documents, and survey. Missing that window waives the objection.
If you do object, the seller has a 15-day cure period and is not obligated to spend money curing. If the objection is not cured, you have five days after that period ends to terminate with your earnest money refunded or to waive and proceed. Stack a late survey order on top of those timelines and the math gets tight, which is why a survey ordered in week one behaves very differently from the same survey ordered in week three. Our walkthrough of the 30-day path from offer to keys in Austin shows where this sits in the sequence.
Who pays for the survey in an Austin transaction?
Whoever the contract says, which means it is negotiable rather than fixed by law or custom. The survey fee shows up alongside title and settlement charges on your closing disclosure, and our guide to closing costs when buying a home in Austin covers how it fits the rest of the cash you bring.
Market conditions shape how that conversation goes. Team Price Real Estate’s September 4, 2026 Austin report showed about 17,050 active listings and 5.8 months of inventory, a market where buyers generally have more room to ask; current figures are on our Austin housing market page. Asking a seller to check 6C(3), or the seller’s-expense box in 6C(1), costs nothing to raise. Our explainer on title insurance in Texas covers what the resulting policy protects.
Frequently Asked Questions
Do I have to get a new survey when I buy a house in Texas?
No. Paragraph 6C of the Texas contract lets the seller furnish an existing survey with a T-47 Affidavit or T-47.1 Declaration instead. If the title company and your lender accept those documents, no new survey is ordered. A new one is ordered only when a party chooses that option or the existing survey is rejected.
How much does a new survey cost in Austin?
A standard boundary survey on a typical Austin-area suburban lot commonly runs $400 to $750, according to Angi’s Austin land survey cost guide. Acreage, difficult terrain, and more complex survey types cost more. The fee appears on your closing disclosure with the other title charges.
What is the difference between a T-47 and a T-47.1?
The content is the same. The T-47 is a sworn affidavit requiring a notary, while the T-47.1 is an unsworn declaration that does not. Texas added the T-47.1 option effective November 1, 2024, and the current TREC contract names both.
Can the title company refuse the seller’s old survey?
Yes. Texas Procedural Rule P-2 permits a title company to accept an existing survey supported by an affidavit, but does not require it to. Acceptance depends on the underwriter’s standards, and physical changes since the survey date are the usual reason for a rejection.
What happens if the seller misses the survey deadline?
Under Paragraph 6C(1), if the seller fails to furnish both the existing survey and the affidavit or declaration within the time prescribed, the buyer obtains a new survey at the seller’s expense, no later than three days before the closing date. A rejection by the title company or lender works differently, with a checkbox deciding who pays.
Does the survey affect my loan approval?
It can affect your closing timeline. Your lender needs an acceptable survey before the title policy can be issued without the area and boundary exception, and the file cannot close without it. Encroachments or easement conflicts may require resolution first. Approval remains subject to credit, income, and property qualification.
If you are working through a contract now and want a second set of eyes on the survey and title lines before you sign, schedule a discovery call and we will walk through your paperwork together. No pressure, and no obligation to apply for anything.
Sources: Texas Real Estate Commission Form 20-19, One to Four Family Residential Contract (Resale), effective July 1, 2026, Paragraphs 6C and 6D; Texas Department of Insurance Basic Manual of Title Insurance, Procedural Rule P-2 and Rate Rule R-16; Angi Austin land survey cost guide; Team Price Real Estate Austin market report, September 4, 2026.
Anthony Ferrando NMLS# 1919613 | Client Direct Mortgage NMLS# 1065732 | Licensed in Texas. This content is for educational purposes only and does not constitute a commitment to lend. Loan approval is subject to credit, income, and property qualification. Contract terms, title requirements, and survey costs vary by transaction; consult your real estate agent, title company, and attorney regarding your specific situation.
