Texas statute reference · Tex. Prop. Code § 82.157
§ 82.157 - Resale of Unit (Resale Certificate)
Section 82.157 is the Texas condominium estoppel equivalent. A seller must deliver a resale certificate, prepared by the association, that discloses the unit's financial and legal standing before contract. The association has 10 days to produce it, and purchasers and lenders may rely on what it says.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
Citation note: § 82.157, not § 82.116
The Texas condominium resale certificate is governed by § 82.157 (“Resale of Unit”). Section 82.116 (“Management Certificate”) is a separate recorded document that identifies the association and its manager. They are distinct. This page cites the resale provision, § 82.157.
What sellers, buyers, and boards need to know
The certificate is detailed and time-bound. Section 82.157(a) requires the seller, before contract or conveyance, to furnish the buyer the declaration, bylaws, rules, and an association-issued resale certificate prepared within the prior three months, containing the operating budget plus the 14 enumerated statements - assessment status, transfer restraints, reserves, judgments, pending suits, insurance, code violations, managing-agent contact, and all transfer fees.
Production runs on a 10-day clock. Under § 82.157(b), the association must furnish the signed, dated certificate within 10 days of a written request. If it does not, the seller may substitute a sworn affidavit, and the parties may waive the certificate in writing. The association is shielded from liability for a delay unless it wilfully refuses or is grossly negligent, and failure to provide a certificate does not void the deed.
Reliance is protected. Section 82.157(c) caps the purchaser's exposure for understated delinquencies, and § 82.157(e) provides that a purchaser, lender, or title insurer who relies on the certificate is not liable for undisclosed debts and that the association may not deny the validity of its statements. Section 82.157(d) preserves the association's right to recover debts arising after the certificate date and its lien for future assessments.
On fees: § 82.157 sets no dollar cap. The authority to charge comes from § 82.102(a)(15), which permits reasonable charges for preparing resale certificates. Unlike Florida's capped estoppel fee, the Texas standard here is reasonableness, and this reference does not state a figure because the statute sets none.
Key requirements
Delivery and timing
Tex. Prop. Code § 82.157(a)- Seller furnishes documents and certificate before contract or conveyance
- Certificate prepared within the prior three months
- Certificate issued by the association
- Includes the current operating budget
Required statements (selected)
Tex. Prop. Code § 82.157(a)- Transfer restraints and rights of first refusal
- Periodic assessment and unpaid common expenses or special assessments
- Capital expenditures approved for the next 12 months and reserves
- Unsatisfied judgments, pending suits, and insurance coverage
- All transfer fees with description, payee, and amount
10-day production and fallback
Tex. Prop. Code § 82.157(b)- Association furnishes the certificate within 10 days of a written request
- Seller may use a sworn affidavit if the association misses the deadline
- Parties may waive the certificate in writing
- Failure to provide does not void the deed
Reliance and fees
Tex. Prop. Code § 82.157(c), (e); § 82.102(a)(15)- Purchaser not liable for understated delinquencies
- Purchaser, lender, or title insurer may rely on the certificate
- Association may not deny the validity of its statements
- Reasonable preparation charge authorized by § 82.102(a)(15); no statutory dollar cap
Key statutory text
Selected subsections, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 82.157(a) - the resale certificate (opening)
Except as provided by Subsection (c), if a unit owner other than a declarant intends to sell a unit, before executing a contract or conveying the unit, the unit owner must furnish to the purchaser a current copy of the declaration, bylaws, any association rules, and a resale certificate that must have been prepared not earlier than three months before the date it is delivered to the purchaser. The resale certificate must be issued by the association and must contain the current operating budget of the association and statements of [the matters listed in Subdivisions (1)-(14)].
§ 82.157(e) - reliance protection
A purchaser, lender, or title insurer who relies on a resale certificate is not liable for any debt or claim that is not disclosed in the certificate. An association may not deny the validity of any statement in the certificate.
The opening of § 82.157(a) is shown with the 14 enumerated statement categories summarized in brackets; the full subdivision list appears at the official source linked above.
Common questions about § 82.157
- Where is the Texas condominium resale certificate in the statute?
- The resale certificate requirement is in Tex. Prop. Code § 82.157, titled 'Resale of Unit.' This is the correct citation for the Texas condominium estoppel-equivalent document. A separate section, § 82.116 ('Management Certificate'), is a recorded document identifying the association and is not the resale certificate. Section 82.157 is the controlling resale provision under the Texas Uniform Condominium Act.
- What must a Texas condominium resale certificate contain?
- Section 82.157(a) requires the selling owner, before executing a contract or conveying the unit, to furnish the purchaser a current copy of the declaration, bylaws, any rules, and a resale certificate prepared not earlier than three months before delivery. The certificate, issued by the association, must include the current operating budget and statements covering: any right of first refusal or transfer restraint; the periodic common-expense assessment and unpaid common expenses or special assessments due from the seller; other unpaid fees; approved capital expenditures for the next 12 months; the amount of capital reserves; unsatisfied judgments and pending suits against the association; insurance coverage; known alteration violations; governmental code-violation notices; any leasehold term; the managing agent's contact information; the association's current operating budget and balance sheet; and all transfer-related fees with a description, payee, and amount.
- How long does a Texas condominium association have to produce a resale certificate?
- Section 82.157(b) requires the association, not later than the 10th day after receiving a written request from a unit owner, to furnish a resale certificate signed and dated by an officer or authorized agent containing the § 82.157(a) information. If the association does not furnish the certificate or required information within the 10-day period, the owner may give the purchaser a sworn affidavit in lieu of the certificate, and the owner and purchaser may agree in writing to waive the certificate requirement.
- Does § 82.157 cap the fee for a Texas condominium resale certificate?
- Section 82.157 does not state a dollar fee cap. The association's authority to impose reasonable charges for preparing resale certificates comes from § 82.102(a)(15), which permits 'reasonable charges for preparing, recording, or copying declaration amendments, resale certificates, or statements of unpaid assessments.' Texas does not set a specific statutory dollar cap in this section the way Florida caps estoppel fees; the standard is reasonableness. This page does not state a fee figure because the statute sets none.
- Are purchasers and lenders protected by a Texas resale certificate?
- Yes. Section 82.157(e) provides that a purchaser, lender, or title insurer who relies on a resale certificate is not liable for any debt or claim not disclosed in the certificate, and the association may not deny the validity of any statement in the certificate. Section 82.157(c) adds that if a properly executed certificate understates the delinquent sums owed by the seller, the purchaser is not liable for additional delinquencies that exceed the stated total.
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This is not legal advice. Consult Texas condominium counsel for your specific situation.