Aug. 24, 2009
Dear George: Do I have to disclose a death that occurred on my property by natural causes? If buyers purchase my home and never ask, am I exposing myself to liability if they find out later?
Answer: No, you do not have to disclose a death that occurred on the property from natural causes. If buyers find out after they've bought your property that there was a death and decide to sue you, Texas law is in your favor. However, a purchaser could still file a lawsuit against you. So, even though you would be following the law by not disclosing the death, it's a good idea to disclose it anyway. You may encounter a buyer who cares about such things and wouldn't have bought the house had he known. Also, if you disclose the death and a buyer still purchases your property, you have an excellent defense should that buyer ever decide to sue over such information.
Dear George: I listed my house with a local REALTOR®. In four months, the property has been shown almost 50 times, resulting in two offers. I countered the first offer at my REALTOR®'s advice, but the buyer balked. The second offer was even lower, but this time my REALTOR® told me that the market had changed and it was going to be difficult to find a buyer at my original price. What can I do to void the listing contract with my REALTOR®?
Answer: In four months, your REALTOR® has caused nearly 50 showings and delivered two offers. This is what you hired her to do. Markets change, and it sounds like your REALTOR® is trying to adapt your property to the new market conditions in your area. Meet with your REALTOR® and her broker, and express your concerns. Also, check out "Conflicts Arising from Early Termination of Agency" found on page 13 of this manual from the Texas Real Estate Commission. If after your meeting with your agent and her broker you still believe you have a justifiable cause, hire an attorney.
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.
