Voiding a contract, water heaters
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
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 your question to "Ask George & Chuck" or fax it to 281/596-7591. 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.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
