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

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


Iris deSouza Klaneckey on 05/17/2016

Thank You Luis Bratton

Luis Buitron on 05/16/2016

My seller does not live in Texas, and has never lived in the subject property.  She filled out the sellers disclosures before the hail storm hit. Im not an expert in roofs so I dont know whether the roof is damaged or not but I made her aware before the house goes for sale on the MLS about what happened and told her that there could be a damaged roof, and if that is the case the buyer’s inspector will let us know. For that reason she didnt have to update the Seller’s disclosures because at this point I as an agent am not even sure if theres an actual damage or not. So she just kept Unknown as a response to the condition of the roof. I hope Im correct.

Iris deSouza Klaneckey, Broker Owner ALTA REALTOR on 04/26/2016

Informative discussion and comments. I enjoyed reading these! After 38 years in the Real Estate Industry, my brief comment :
Be informed Stay current & “do unto others as you would have them do unto you “


Barbara Eckert on 04/16/2016

Thanks for the above article. I have a question that I’ve never seen addressed and would love to have feedback. I listed an older property over 5 months ago, the seller has Alzheimer’s and resides in assisted living. Her daughter, one of three children, has power of attorney and is handling the sale of her mother’s property. She signed a seller’s disclosure indicating she is not residing in the property and the owner’s children have not resided in the property in over 20 years so the daughter left the remainder blank and signed the disclosure. Since the property was listed several interested parties have had estimates completed on a few issues. Is the daughter required to list these issues in need of repair? Thank you!

Mary Ann Byrns on 04/15/2016

Absolutely, disclose any new updated information.  We should always advise our sellers to put it in writing and include any new updated reports. If a seller takes issue with any upcoming inspection report, the seller could include their notes as a response so any prospective buyer is made aware of the situation.

Moira Brunken on 04/15/2016

On the first page of the Sellers Disclosure the form requires the seller to state if the seller has occupied the property, is occupying the property or has never occupied the property. 
This document is a disclosure of information by the seller to the buyer.  We as agents are not a party to this document.
Once we as the agent are made aware of any new information regarding the home we then become complicit in any action taken or not taken.
So wether updating the disclosure during the contract period or through careful correspondence.  Disclose, disclose, disclose.

Carol Russo on 04/14/2016

Definitely update and disclose.  You asked why would a seller not want to accept an inspection report on their home. Not all inspection reports accurately represent the current state of the house. Inspectors can and do make mistakes as they are coming into home systems that are unique to each home.  Now that home is labeled with inaccurate information. I have a poor inspection report right now on a home in Keller.  If the buyer and seller cannot agree and the home goes back on the market, this report is now part of the house.

Erna Young on 04/14/2016

I have come across this situation. The seller’s disclosure form stated one item was in the home and the other item was outside the home. Neither of these items were inside or outside the home. Also the roof had hail damage and shingles were missing. This was not stated on the seller’s disclosure form. Granted the home owner has not lived in the home for many years. But shouldn’t the listing agent have told the home owner this before listing the home? The seller’s disclosure form was changed for the missing items but not changed for the damaged roof.

Mark Eberwine on 04/14/2016

Unfortunately, Real Estate agents coach/couch their sellers to refuse acceptance of an Inspection Report.
With this, the agent puts everyone at risk for a lawsuit.
Agents practice law every day.  By advising your seller to not accept an Inspection Report prepared pursuant to a sales contract, by a licensed professional, the agent is providing legal advice and direction.
When the lawsuit happens, the seller will quickly testify to that terrible legal advice issued by ‘their’ agent.
Can we, for once, have some Q&A that drills down into the nasty side of the real estate profession?

Andrew Wayne on 04/14/2016

Why would you not want a seller, or a seller not want to update the Seller’s Disclosure?
There is no rational reason. If it needs to be changed, change it!!

Dave Mills on 04/14/2016

This should not even be a question. If you think for a moment, a seller’s disclosure is for the purpose of letting a buyer know what the seller knows about the home, and as the Realtor, you should be aware if there are discrepancies. The seller now has new information. Include it. It helps all and avoids potential lawsuits also. As an aside, I would guess the seller is going to have the roof repaired by insurance, and that can also be duly noted. Likely a lot of homes in the area are similarly affected, and a buyer would be glad to know the seller got the issue addressed.

Lane Mabray on 04/08/2016

Excellent!!! and plus also this would apply if there has been an inspection report recvd. by the seller….

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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 Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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