April 12, 2010
Dear George: I want to sell my home, which is in a gated community. I interviewed several REALTORS®, and all of them said that the home must be easily accessible. In other words, I need to give my agent an access code so he and other agents can open the gate to the community. I'm fine with this, but the new management company for my homeowners association isn't. They will give the REALTORS® a code to the pedestrian gate, but not the driveway gate. How will I ever sell my house if agents and buyers must park outside the community and walk a long distance to see my house?
Answer: Any impediment to showing a property negatively affects the marketability of that property. Unfortunately, the answer to your question lies within the homeowners-association rules and relationship with the management company. Get a petition signed by the vast majority of the homeowners association members that enables licensed real estate professionals to obtain access codes to vehicular traffic gates. Describe the situation on the petition and show how it could affect anyone in the community, not just you. The homeowners association should enable its owners to update the codes if they are changed. Submit the signed petition to the board of directors of the homeowners association, requesting that the board make the changes.
Dear George: Our agent wants us to provide a copy of our pre-purchase inspection to prospective buyers. Our inspection was performed last year. Although there are no issues with the home, we're concerned that our report will be used as a basis for the purchase, and that a buyer will forego his own inspection. Does the law require us to provide a copy of our inspection report to a prospective buyers?
Answer: There is no Texas law that requires you as a seller to attach an inspection report to the Seller's Disclosure Notice. The Texas Association of REALTORS®' version of the disclosure notice is the only one that includes a section requesting previous inspection reports. However, that version of the notice also includes this note to the buyer: A buyer should not rely on the above-cited reports as a reflection of the current condition of the property. A buyer should obtain inspections from inspectors chosen by the buyer.
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.
