Seller's Disclosure Notice

In Texas, the seller is required to provide a disclosure notice to the buyer with few exceptions.

Your REALTOR can provide you with a standard form written by Texas Real Estate Commission (TREC), Texas Association of REALTORS(TAR) or Austin Board of REALTORS(ABOR). I use the TAR form because it has additional information for buyers acting as a risk-reduction tool for sellers.

Exemptions: Some of the most common exemptions one might encounter would be the builder of a new home, a trustee or executor of an estate, seller of a duplex or the lender selling a foreclosed property. However, they are still obligated to disclose any know material defects.

Death on property: A seller does not have to disclose a death by natural causes, suicide or accidents NOT related to the properties condition. A murder may be considered a material fact a buyer would want to know and it would be prudent to disclose such a death.

Repairs: Once an item has been repaired and remedied there is no need to disclose it was previously malfunctioning.

Sex Offenders: According to the Texas Property Code, a property owner or broker has "no duty" to disclose the proximity of a registered sex offender. However, a buyer may want to consult a resource such as Google if they have any concern.

Be sure to fill out the forms completely and honestly to reduce chances of litigation. In real estate we say "disclose, disclose, disclose."

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Copyright © Robin Scott, REALTOR® 2014.