Do I have to provide a seller’s disclosure notice?
09/08/2015 | Author: Editorial Staff
I'm selling a single-family investment property that I haven't seen in years. I have no knowledge of the property’s condition. Do I have to fill out a seller's disclosure?
Yes. The Texas Property Code requires a seller of residential real property comprising not more than one dwelling unit to provide a seller’s disclosure notice to the buyer. Although the Property Code does provide certain exceptions to this requirement, a seller never seeing or living in the property is not one of them. After all, knowledge of the property can come from sources other than a visual examination, such as complaints from tenants or reports from property managers. If a seller is unaware of any particular condition of the property, the seller can indicate that on the notice.
Failing to provide a completed seller’s disclosure notice to a buyer may entitle the buyer to certain remedies, like terminating the contract.
Have a question about buying, selling, or leasing property in Texas? Ask us. Not all submitted questions will be answered.
The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.