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If the sellers learn of new information about their property after providing the seller’s disclosure notice, do the sellers have a duty to provide the new information to the buyers under the current contract? – Texas REALTORS®

If the sellers learn of new information about their property after providing the seller’s disclosure notice, do the sellers have a duty to provide the new information to the buyers under the current contract?

Yes, sellers are required by law to disclose any known material information about the property’s condition—even if those conditions are revealed after the completion of the seller’s disclosure notice. This was underscored in a lawsuit in which the court found that “new information must be disclosed when that new information makes the earlier representation misleading or untrue.” Although the Property Code Section 5.008 does not require the sellers to update a previously completed seller’s disclosure notice, the members-only Update to Seller’s Disclosure Notice (TAR 1418) form can be used to provide the newly discovered property information to prospective buyers.