Do I have to provide a seller’s disclosure notice?

Translate this page
A large home with beige siding, a fireplace, and huge exterior windows

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.

Categories: Legal, Sellers, Homeowners
Tags: legal, sellers, homesellers


Comments

CoffeyCaesar on 09/16/2015

Please email me the exemption covered in the Texas Property Code Sec. 5.008(e) 1-11. thank you.
coffeycaesar

David Davis on 09/09/2015

Yes the Seller must complete a Seller’s Disclosure Notice regardless of if or not they have seen or lived in the property unless the Seller falls under one of the eleven exemption covered in the Texas Property Code Sec. 5.008 (e) 1-11.


Leave a Comment

Read our commenting policy



advertise with us

Legal disclaimer

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.

Advice for Consumers

4 signs the home you’re considering might need a foundation evaluation

Five reasons to include a home warranty with your home’s sale

What a pivotal moment in world history can teach us today

Subscribe

More advice for consumers