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


Brian on 12/27/2016

Totally agree with Mike

Mike McEwen on 12/27/2016

You can be the executor and the heir at the same time, but, until the will is probated no Seller’s Disclosure is required.

Terry Roberts on 12/27/2016

Please clarify.  In this case the son was named the “Independant Exectutor” of the estate.  However, it is my understanding that If the son had simply inherited the property he would NOT be exempt from teh Seller’s Disclossure.  I would appreicate your confirmaiton.  Thank you

Mike McEwen on 12/26/2016

What is an Oxford Home.

Dick Richardson on 12/24/2016

My policy is that if you know it, disclose it… Then there is no question.

Mike McEwen on 12/23/2016

The LBP is always required for a single family home if it was built before 1978.  This is federal law.

Glenn Still on 12/23/2016

This is simply talking about one specific law- ,  the seller’s disclosure notice requirements in Section 5.008 of the Texas Property Code.
The lead based paint is a different law as is the Austin law. You would need to look specifically at those laws to see if there is any exemption.

Pat Tate on 12/23/2016

The City of Austin requires an Energy Audit when selling a house.  If the house is being sold in an estate with an executor who is not a beneficiary is signing documents is an Energy Audit required?

Brian Cooper on 12/22/2016

Al Jurado- Even if the son lived in the house, as the executor he is still exempt from providing the notice.  You can certainly make a great case to say it would be prudent to voluntarily provide the notice, however.

Al Jurado Jr on 12/22/2016

In this particular scenario the son is the executor therefore not responsible to submit a seller disclosure but what IF the Son has lived in the property and knows the condition of the home that changes the whole picture his responsibilities are even though he’s the executor are to disclose everything he knows about that property therefore responsible to submit and fill out a seller’s disclosure

Jason Page on 12/22/2016

Could the knowledge of an Oxford Home (or other group home with transient tenants)  as a next door neighbor possibly be considered a “material defect” of the property if the Executor had prior knowledge?

Jesus (Jessie) F. Valdez on 12/22/2016

If you know about it, it should be disclosed.

Mike McEwen on 12/21/2016

The LBP is required by federal law for single family residences irrespective of the status of the ownership.  Even REOs have to have the disclosure.

Bridges Ballowe on 12/21/2016

So would it follow that the lead based paint disclosure is also not required from the executor?

Michael S Holmes on 12/21/2016

To clarify, 5.008 exemption only exempts the son from having to provide the actual written notice form.  As your blog indicates, Texas law requires that all known material defects must be disclosed by the seller, including an executor/administrator.

Glenn Still on 12/21/2016

That last paragraph is important for the son to know.  Whoever told him the first part may not have told him the second.  And it is surprising to me how often a repair company remembers who they communicated with on any issue.

Mike McEwen on 12/21/2016

However, if, after probate, the son becomes the owner of the house, he will then be required to complete the Seller’s Disclosure.  The same applies to any other eventual owner(s).

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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.

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