Reasons for selling, definition of "spa"
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: Can I find out why the previous owner left the home I have under contract? What information are sellers required to disclose to buyers?
Answer: The only real requirement is a seller's disclosure notice. Section 5.008 of the Texas Property Code requires a seller of single-family residential property to deliver either the Texas Association of REALTORS® Seller's Disclosure Notice or the Texas Real Estate Commission Seller's Disclosure of Property Condition. The form's questions, which the seller must answer truthfully, show the seller's knowledge of the condition of the property as of the date the seller signed the form. Your Texas REALTOR® can provide you with a copy of the form.
Dear George: I'm looking at a great home. The seller's disclosure lists the property as having a pool and spa. When looking at the property, I saw the pool but not the spa. What is the definition of "spa"? If the seller disclosed that there is a working spa, can I require that he provide one?
Answer: Take the disclosure form to your REALTOR®, assuming you're represented by one, or the seller's REALTOR® and ask what the seller means by the word "spa." The seller completed the disclosure form, so only the seller knows what he means by the word "spa."
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.
