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Is the executor of an estate exempt from providing a seller’s disclosure notice?

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12/21/2016 | Author: Legal Staff

An owner recently passed away, and her son is the independent executor of her estate. When listing the property for sale, the son told me he is not required to provide a seller's disclosure notice since he is the executor. Is he right?

Yes. In his role as the executor of his mother’s estate, the son is exempt from the seller’s disclosure notice requirements under the fifth exception in Section 5.008 of the Texas Property Code.

Regardless of the exemption, failure to disclose known material defects about the property exposes an individual to liability under the Deceptive Trade Practices Act or other civil laws.

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

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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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