Rule 716.Recovery on Bond

Last verified June 28, 2026

In one sentenceRule 716 lets the court render judgment against a purchaser of sequestered property, and the sureties, who fails to pay the purchase money at the time given, for the amount due with interest and costs.

Full Text of Rule 716

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In case the purchaser does not pay the purchase money at the expiration of the time given, judgment shall be rendered against all the obligors in such bond for the amount of such purchase money, interest thereon and all costs incurred in the enforcement and collection of the same; and execution shall issue thereon in the name of the plaintiff in the suit, as in other cases, and the money when collected shall be paid to the clerk or justice of the peace to abide the final decision of the cause.

End

Plain-English Summary

Rule 716 enforces the purchaser's bond. If the purchaser does not pay the purchase money at the expiration of the time given, judgment is rendered against the purchaser and the sureties on the bond for the amount of the purchase money, with interest and costs — so a defaulting buyer cannot escape the price.

Frequently Asked Questions

What if a buyer doesn't pay for sequestered property in Texas?

The court renders judgment against the buyer and sureties on the bond (Rule 716).

Who is liable if the buyer doesn't pay under Rule 716?

All obligors on the bond — the purchaser and the sureties — are liable for the purchase money, interest, and the costs of collecting it.

How is a Rule 716 judgment collected?

Execution issues on it in the plaintiff's name like any other judgment, and the money collected is paid to the clerk or justice of the peace to await the suit's outcome.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 716), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: recovery on bond sequestrationbuyer defaults on sequestration bondjudgment against purchaser and suretiescollecting unpaid purchase moneyTRCP 716