…When you put your property on the market, disclose absolutely everything you know about it. If there is a negative, put a star by it – capitalize it – underline it – whatever. A negative disclosed in the beginning seldom remains a negative. It is when a buyer discovers a negative on their own that it becomes a problem. The question becomes, “What else didn’t they tell me.” The buyer assumes the defense and the relationship between buyer and seller becomes adversarial
IN Texas, the buyer and the seller have rights and obligations regarding the condition of property.
The seller is required to disclose all conditions that could be considered material to the transaction.
The buyer is cautioned to inspect the property thoroughly and to be familiar with all disclosures provided by the seller.
The offer provides an inspection clause which incorporates the obligations of both the buyer and the seller. It further provides the buyer an opportunity to re-negotiate if significant adverse factors are discovered within the prescribed period provided in the offer.
AT THIS OFFICE, we feel that the professional inspection of property is extremely important. We recommend that buyers choose a 3rd party/arm’s length inspector with credentials and professional affiliations. [More About Home Inspections, go to House Masters]
COMBINING the condition reports and the inspection, chances of the transaction going awry are slim.
The Seller Disclosure law also applies to For Sale By Owner (FSBO) sales.
How Does the Seller Disclosure Law Affect a Real Estate Transaction?
If the Seller disclosure Law applies to a sale, the seller must complete a Seller’s Disclosure Notice, which asks the seller 8 detailed questions about various aspects of the property’s condition. The seller is asked to answer the Report based on his or her own awareness and personal knowledge of the property. The Report discloses information known to the seller concerning the property’s condition; it is not a warranty of those conditions.
How Does the Seller Disclosure law Affect You as a Seller?
You must complete a Real Estate Condition Report, answering the 8 questions based on your personal knowledge of the property. A copy of your completed Report must be given to prospective buyers.
How Does the seller Disclosure Law Affect You as a Buyer?
Under the law, the seller must provide you with a completed Seller’s Disclosure Notice. If you receive the Report before you write an offer to purchase the home, you can use the seller’s information to help you decide whether to buy the home and whether the seller should be asked to make any repairs as part of the purchase contract.
If the Notice is not received within an agreed number of days after the purchase contract becomes binding, you may terminate the contract.
This is a general overview of Texas’ Seller Disclosure Law, not a comprehensive summary.
