Get TX Seller Property Disclosure

Section 5. 008 Texas Property Code provides as follows 5. 008. SELLER S DISCLOSURE OF PROPERTY CONDITION. a A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains at a minimum all of the items in the notice prescribed by this section. b The notice must be executed and must at a minimum read substantially similar to the following See TREC No. OP-H at http //www. trec*state. tx. us/pdf/contracts/OP-H. pdf for text of disclosure notice. c A seller or seller s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes suicide or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had may have had has or may have AIDS HIV related illnesses or HIV infection* d The notice shall be completed to the best of seller s belief and knowledge as of the date the notice is completed and signed by the seller. If the information required by the notice is unknown to the seller the seller shall indicate that fact on the notice and by that act is in compliance with this section* e This section does not apply to a transfer 1 pursuant to a court order or foreclosure sale 2 by a trustee in bankruptcy 3 to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest 4 by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure 5 by a fiduciary in the course of the administration of a decedent s estate guardianship conservatorship or trust 6 from one co-owner to one or more other co-owners 7 made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors 8 between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree 9 to or from any governmental entity 10 of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes or 11 of real property where the value of any dwelling does not exceed five percent of the value of the property. executory contract binding the purchaser to purchase the property. If a contract is entered without the seller providing the notice required by this section the purchaser may terminate the contract for any reason within seven days after receiving the notice. Added by Acts 1993 73rd Leg. ch. 356 1 eff* Jan* 1 1994. Amended by Acts 2005 79th Leg. ch. 728 17. trec*state. tx. us/pdf/contracts/OP-H. pdf for text of disclosure notice. c A seller or seller s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes suicide or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had may have had has or may have AIDS HIV related illnesses or HIV infection* d The notice shall be completed to the best of seller s belief and knowledge as of the date the notice is completed and signed by the seller. If the information required by the notice is unknown to the seller the seller shall indicate that fact on the notice and by that act is in compliance with this section* e This section does not apply to a transfer 1 pursuant to a court order or foreclosure sale 2 by a trustee in bankruptcy 3 to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest 4 by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure 5 by a fiduciary in the course of the administration of a decedent s estate guardianship conservatorship or trust 6 from one co-owner to one or more other co-owners 7 made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors 8 between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree 9 to or from any governmental entity 10 of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes or 11 of real property where the value of any dwelling does not exceed five percent of the value of the property. .