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