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Voiding a contract, water heaters
Ask George & Chuck

Voiding a contract, water heaters

George Stephens, CRB, and Charles J. "Chuck" Jacobus, JD | Advice columnists

March 23, 2009

Dear George: I recently signed a contract to sell land but am now having second thoughts. Does Texas allow sellers to void a real estate contract within a few days of its execution? Is there any other way out?

Answer: No, there isn't a "cooling-off period" for a real estate contract. Consult with an attorney to determine if there is a way for you to void the contract. For example, if the real estate agent failed to provide you with the necessary documents and to make the required disclosures to create a valid
purchase contract.

Dear George: Is a seller obligated to provide a water heater in the home when it is sold? Is it considered a permanent fixture like a sink or toilet?

Answer: A seller is required only to honestly disclose his knowledge of a property's condition. If the property is a residential unit of not more than one dwelling, the seller must fill out one of two forms to fulfill his disclosure requirement: the Seller's Disclosure of Property Condition or Seller's Disclosure Notice. Both forms include a section on the presence and condition of water heaters.

E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.

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