Does a Duplex Owner Have to Provide a Seller’s Disclosure Notice?

October 01, 2019

Is the owner of a duplex required to provide a seller’s disclosure notice when listing his property for sale?

No. The seller’s disclosure-notice requirements in Section 5.008 of the Texas Property Code only apply to sellers of residential real property composed of “not more than one dwelling unit.” Although not required to provide the statutory notice, a seller must still disclose known material defects concerning the property, making it a good idea for the owner of a duplex to provide the notice for each side of the duplex.

Any seller should review the seller’s disclosure notice and consider the advantages of disclosing information about the property’s condition before an offer is made. The notice can be a significant risk-reduction tool.

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