What Does a Home Seller Have to Disclose in Texas?

 Posted on November 22, 2024 in Real Estate

Real estate transactions are complex and involve strict legal obligations for both sides. One of the seller’s main obligations is to make disclosures about the property to the potential buyer. This can be a difficult part of the transaction for some home sellers who are concerned that disclosing imperfections about the property may jeopardize the sale. However, Texas law requires sellers to provide the buyer with a seller’s disclosure notice that details any flaws or defects with the home or property. For more details about disclosures or any other real estate matter, contact a qualified Texas real estate attorney.

What Is a Seller’s Disclosure Notice?

Texas law requires sellers of single-family residences to complete a seller’s disclosure notice. This is a form provided by the Texas Real Estate Commission (TREC) that notifies the buyer of the property's condition according to the seller’s knowledge. For example, the seller should disclose facts about the home’s structure, appliances, electrical systems, sewage systems, and more.

What Does a Home Seller Have to Disclose?

The seller’s disclosure notice is a four-page-long form that asks the seller to divulge certain details the buyer should be aware of. For example:

• Fixtures and appliances: Does the home contain working ceiling fans, lighting, smoke detectors, a dishwasher, a dryer, a refrigerator, rain gutters, a microwave, a satellite dish, cable TV wiring, or an oven?

• Systems: Does the home have any issues with its electrical, plumbing, or water systems? Are its heating, ventilation, and air conditioning (HVAC) systems in working order?

• Structural issues: How old is the roof? Are there any defects in the floors, walls, ceiling, foundation, fences, driveway, or doors?

• Damage: Has any part of the home been damaged by termites, rot, flooding, fires, hazardous or toxic waste, asbestos, lead-based paint, or improper drainage?

• Property-specific issues: Are there any homeowners association (HOA) fees or requirements the buyer should be aware of? Are there any add-ons to the house that do not have a permit? Are there any easements on the property that allow someone else access? Are there any deed restrictions, government ordinances, or lawsuits that affect the property?

What Happens if a Seller Fails to Provide Proper Disclosure?

A seller must provide the disclosure notice before the buyer enters into a purchase agreement. Failure to do so or leaving out any important disclosures can give the buyer grounds to cancel the contract or force the seller to make the necessary repairs or installations. The seller may also face legal action from the buyer, who might sue for fraud or misrepresentation.

Contact a Bexar County, TX Residential Real Estate Attorney

A property seller’s disclosures are just one part of a real estate transaction. Make sure you are fully prepared and protected throughout the process by consulting a Wilson County, TX real estate lawyer. Geoff Mayfield, Attorney at Law provides top-tier legal representation and will assist you with your property matters. Call 210-535-0870 to schedule a free consultation today.