Are sellers disclosures required in Texas?
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When selling your home, you're often faced with choosing needs to be disclosed to the home buyer. When selling in Texas, there are specific laws regarding what issues must be disclosed during the selling process. Find out what must be disclosed, how to protect yourself, and why you'll need an agent. Show
 One part of the home selling process that doesn't get enough attention is home seller disclosures. When selling a home in Texas, it's important to understand what's legally required to disclose, to ensure you follow all local regulations and requirements. Rules for home seller disclosures vary from state to state, with some states only requiring disclosures if specific questions are asked by the buyer. Before selling your home, find out everything you need to know about home seller disclosures in Texas in the below guide. Texas Seller Disclosure RequirementsTexas has a more structured home selling disclosure process than many other states. Under Texas Property Code Section § 5.008, it is stipulated that sellers “shall give to the purchaser of the property a written notice.” The Texas Real Estate Commission has a specific disclosure form sellers must fill out with the help of their real estate agent. This form must be signed by both the seller and the buyer on the same day the purchase contract is signed. How Do You Determine What to Disclose in Texas?While Texas has more specific requirements set for seller disclosures, what needs to be disclosed is still slightly ambiguous. To start, the seller must disclose only issues and defects they are aware of as of the signing date. This means that the seller is not required to have a pre-sale home inspection performed. This protects sellers from being sued down the line by buyers who later uncover issues that the seller was unaware of. Unless it can be proven that the seller had knowledge of a specific defect, the disclosure form legally protects sellers. In Texas, the burden is placed on the buyer to have a thorough inspection done prior to closing, in order to ensure any unknown issues are discovered then. What Do Texas Sellers Need to Disclose?Now that you know what doesn't need to be disclosed, it's important to understand the details that should be disclosed. While there are specific areas to address on the form, it's important to make the buyer aware of any specific defects relating to the building's structure, HVAC systems, or cosmetic wear. Your agent can help you better determine what issues are legally required to disclose. In addition to home damages, Texas homeowners also should disclose the below items:
In addition, some states require sellers to notify buyers if a previous owner died or was murdered in the property or if the occupant had a serious medical infection, like HIV or AIDs. However, in Texas, it is not legally required to reveal these details. Texas does not require disclosure of these items, because they are not considered relevant details in regards to the home sale. Your real estate agent is the best resource to turn to for specific disclosure questions. Creating a Sellers DisclosureTexas makes it easy to fill out a home sellers disclosure form, but it's recommended that sellers review the paperwork with their real estate agent to ensure all sections are appropriately filled out and meet all legal requirements. SummaryAnyone looking to sell their home in Texas should be aware of home seller disclosure laws. Sellers will need to fill out a seller disclosure form indicating any known issues and defects within the property. To ensure all Texas disclosure laws are properly followed, sellers should partner with a qualified local real estate agent. An experienced agent can provide insight and advice on the specific details to include within your disclosure form. They can also help prepare your final disclosure document and review it for any errors or inconsistencies. In addition, your agent can help you navigate through the entire home selling process, starting with listing and ending with closing. If you don't already have a real estate agent, Clever can help you find a qualified, full-service agent for a fraction of the price of traditional agents. Clever Partner Agents are fully-vetted, top-rated agents who only charge $3,000 to list your home, instead of traditional listing rates of 3%. Clever also has agents in all major cities, so you'll be connected with an agent near you. Get started today by connecting with a local Clever Partner Agent. 💰 Get a lower rate with a top local agent!Want to find a top local agent without overpaying on realtor fees? Clever negotiates 1% listing fees with top-rated realtors from trusted brokerages like Keller Williams, RE/MAX, and Berkshire Hathaway. Get guaranteed full service for a fraction of the 3% rate agents typically charge. Schedule a free, no obligation consultation with a top local agent today! Does an estate have to provide a sellers disclosure in Texas?If the property is being sold by the executor of an estate, a seller's disclosure is not required. However, heirs at law and beneficiaries are not included in the list of exemptions and must therefore complete a seller's disclosure. Whether buying or selling, real estate law can be complex and confusing.
Who is exempt from completing a seller's disclosure in Texas?Seller's disclosure requirements do not apply to foreclosure sales, or to the subsequent sale by a foreclosing lender (Texas Property Code Section 5.008). Foreclosure sales are also exempt from the federal lead-based-paint disclosure requirements.
What happens if seller does not disclose Texas?The seller's failure to provide the required disclosures entitles you to make claims for monetary damages for undisclosed defects under either the Texas Deceptive Trade - Consumer Protection Act or the Statutory Fraud Act.
What are required Texas disclosures?The correct names of the parties to the lawsuit; The name, address, and telephone number of any potential parties; The legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial);
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