Contract Insurance Agreement

Seller's Disclosure Notices are required in most Texas residential transactions. Many sellers mistakenly assume that if they never occupy the property, they are exempt from the disclosure requirement. Make sure your seller is truly exempt before deciding to omit the disclosure.

A seller is supposed to be truthful when answering the disclosure statement for the buyer.And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.

The Texas Property Code requires that most home sellers fill out a Seller's Disclosure form. The purpose of the form is to disclose any issues with the house you are selling that you are aware of and give the potential buyers information and a historical account of your home.

California, like many states, requires its residential property sellers to disclose, in writing, details about the property they have on the market.(See, California Civil Code § 1102.)

Disclosure Laws in Texas for Home SalesSeller disclosures in Texas are governed by Texas Property Code Section § 5.008.Given all of the stresses involved in selling your home, you do not want to create this additional layer of uncertainty.

In short, you don't have to disclose a death in a house in Texas unrelated to the condition of the property, the HIV status of any occupants of the property, and won't be held responsible for any conditions that you are truly unaware of.

If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.

When is a seller exempt from providing a seller's disclosure?Another seller hadn't even lived in the property they were selling; it was an investment property and they didn't have enough first-hand knowledge of the property's history to provide a disclosure.