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Which seller’s disclosure notice form should I use?

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02/10/2017 | Author: TAR Legal Staff

Both TAR and TREC have a seller’s disclosure notice. Can my seller use either form and still be in compliance with the law?

Yes, both forms comply with Texas statutory requirements related to disclosure.

The TREC form is essentially a copy of the statutory minimum information required in Section 5.008 of the Texas Property Code. TAR recommends that Texas REALTORS® use the TAR Seller's Disclosure Notice (TAR 1406), which has added provisions that provide more information for buyers and is designed to serve as a risk-reduction tool for sellers.

Remember, the Seller's Disclosure Notice is not a contract. The notice should not be part of the contract of the parties and should not be listed as an addendum to the contract.

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

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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.

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