Call for Action: Reform our tax code AND protect middle-class homeowners

Does a seller have to update the Seller’s Disclosure Notice?

Translate this page
Front door of a home opening into the entryway with key still in lock

04/08/2016 | Author: Editorial Staff

My client completed a Seller’s Disclosure Notice before listing his home. After the property was on the market for a few weeks, a storm damaged the roof. He had indicated on the Seller’s Disclosure Notice that he wasn’t aware of any defects regarding the roof, but now he is. Does he have to update the Seller’s Disclosure Notice with this new information?

While the Texas Property Code doesn’t state that a seller is obligated to update the form, common law requires a seller to disclose new information that makes an earlier representation misleading or untrue. This means that the seller must present the new information to the buyer one way or another once the seller becomes aware that his previous representation in the Seller’s Disclosure Notice is no longer true.

Providing an updated Seller’s Disclosure Notice to the buyer is a great way to satisfy common law requirements. Not only will the seller have written evidence that the seller made the buyer aware of the new information, but the seller can then use the updated form going forward (without having to attach an additional disclosure regarding new information).

Read more legal FAQs on texasrealestate.com

Categories: Forms, Legal, Sellers
Tags: seller's disclosure notice, seller's disclosure, forms, legal, legal faq

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 REALTORS®

5 ways smart-home tech affects real estate transactions

5 apps that can keep you safe in—or before—a crisis

Is the eviction process different for manufactured homes?

3 places you can find free marketing content

Subscribe

More advice for REALTORS®