February 07, 2019 | Texas REALTORS® Staff
- A seller isn't required to disclose if a suicide occurred in a home or that a sex offender lives nearby. However, 卖方可能希望自愿披露这些信息，因为买方可能从其他来源了解到这些信息.
- 即使卖家从未见过或住过他所出售的物业，他仍须披露他对该物业的了解. That knowledge can come from sources other than a visual examination.
- The questions on the Seller’s Disclosure Notice (TXR 1406)询问是否有诉讼或其他可能直接或间接影响财产的法律程序, which can include divorce, tax, bankruptcy, foreclosure, and heirship proceedings.
- A buyer isn’t required by law to sign a seller’s disclosure notice.
- Relocation companies with title to a property are still required to fill out the seller’s disclosure notice. They can attach the notice to any inspection reports concerning the property.
I was under the impression that you had to disclose a suicide or murder that occurred on the property-
Seller has to disclose a murder but not a suicide. But I agree it’s wise to disclose a suicide even if the law does not require it.
Only the murder
Murder, yes. Suicide, no.
一直以来，我的理解是只有在房屋违约导致死亡的情况下才需要披露财产. Ie. faulty electrical or stair rail
A “fault” of the home, 例如:电线故障或楼梯栏杆故障不是要求披露家庭死亡的标准.
Regarding required disclosures of death on a property, Texas Property Code Section § 5.008 does not specify what death must be disclosed. Rather, 它规定了不需要披露的内容:“卖方或卖方代理人没有义务披露或发布与自然原因死亡是否有关的信息, suicide, 或与物业状况无关的事故发生在物业上或之前的居住者是否有, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.” What must be disclosed regarding deaths on the property falls… Read more »
That’s what I have always heard as well.
I respectfully disagree, 我们的卖方披露声明披露财产上的任何死亡，除了那些与房屋状况无关的死亡(除了自然原因条款)，这意味着如果有人因楼梯栏杆故障而死亡, or was electrocuted due to faulty wiring, that must be disclosed as a death on the property, due to the property condition per the Texas Property Code.
not true and in 40 years I have never hear that in Texas
I have been licensed in Texas since 1991 and have always been taught that about death on the property. it became very prominent when AIDS/HIV deaths were in the news. Many people were concerned about “catching” AIDS as we didn’t have as much knowledge as we do now. Many people did not want to buy a home where an AIDS victim had lived or died in. But that was also a protected class, so that is where the, “what you can’t disclose” came into law. It has been in our Sellers disclosure for many, many years.
I thought so a well
I was not aware that the buyer was not required to sign the SD. Interesting.
However, some office guidelines require a signed disclosure for funding of commission. I tell my buyers that they are simply acknowledging receipt of the disclosure.
Carol, that is what I say also, although they still don’t have to sign and then I just note the file and compliance accept it.
I would have to argue that point also
You leaving yourself wide open if not.
我猜想这是因为他们在合同上声明他们是否收到了卖方的信息披露. Signing would be redundant. But tell that to a listing agent, who’ll still want a signed copy.
Thanks for these insightful tips! Especially the 2nd point about Investor Sellers claiming “no knowledge”. We still see these on the MLS frequently. 还有关于Re-Lo公司的最后一点，他们想要“止赎豁免”，这样他们就可以摆脱所有的责任. Buyer Agents!!! 小心这些重- lo交易……确保你的买家理解所有重- lo附录，并2021十大正规彩票app你的买家咨询律师有关重- lo文件. And DO NOT follow Re-Lo Seller instructions to delete or otherwise modify contract forms.
I also was not aware that a buyer does not have to sign. To me, that defeats the purpose of requiring the seller to fill it out & sign. If an issue arises after closing, where’s the proof of what was disclosed to buyer.
Send it to the buyer’s agent in an email with a read receipt (i.e. Streak for Gmail) . If they received it and chose not to share it with their buyer clients, the onus is on them.
I agree with Heather. Email is a wonderful thing because you have documentation of what was sent and when, which complies with time restraints on delivery in the contract.
It’s in the contract. Buyer has received…
I am unaware that divorce has to be revealed on a sellers disclosure. You sure?
卖方披露通知(TXR 1406)中的问题询问是否存在可能直接或间接影响该房产的诉讼或其他法律程序. IT CAN include divorce. Divorced impact real estate sales and who can sign. Always get a copy of the divorce decree to the title company for examination when you take a listing. Depending on what has been set out in the Divorce Decree, 另一方可能在出售中拥有既得利益，并有权在出售财产时获得部分收益. There have been several instances in my… Read more »
It could affect the sale of the property depending on the finalization of the community property agreement.
I always have my buyer sign the seller’s disclosure. If there is a couple I let both sign. 几年前，我的一位买家写信给我的经纪人，抱怨我没有向他展示卖方的信息披露，并威胁要起诉我和我的经纪人. I easily could proof that not only did they receive the disclosure, they acknowledged receiving it by their signature.
We see so many Harvey flood flips where the investor>owner is not disclosing the flooded structure. How can we enforce this requirement to disclose knowledge?
I tell my sellers, that I have that actual knowledge or “since you just told me, as your agent, I now am required to disclose this information.” That is what our attorneys tell us! We are an extension of the seller, any knowledge we have about the property, we must disclose or walk the listing!
Stuart Scholer-I don’t know what relocation companies you are working with; but all of the major relocation companies we work ( which are many) will provide a copy of a seller’s disclosure of property condition from the transferee. They themselves cannot because they have never seen the property. Most of them also use a contract rider or addendum that give the buyer a right to request repairs; and some even use the TAR Relocation Addendum form 1941. If the buyer’s don’t complete all of the riders and addenda , there is a pretty good chance they won’t be buying that… Read more »
Hey Brian… I stand corrected (memory jostled) about the SD. You are correct. They generally do provide an up-to-date SD from the owner. 至于Re- Lo夫妇在合同中添加的附加条款和附录，我仍然2021十大正规彩票app确保买方理解它们，如果他们需要进一步的澄清或解释，(CYA)鼓励咨询律师. I have been instructed to delete contract verbiage and I ignored the instructions. That one did close. 我从来没有在Re-Lo交易中遇到过问题，但我也从来没有对他们中的任何一个感到满意.
Is a Seller completed SD a requirement for the sale of lot/land? 我一直认为SD严格地(只看表格的顶部)适用于住宅而不是土地……但最近我被告知不同.
关于住在附近的性犯罪者的话题，你能更详细地说明为什么卖家应该披露这些信息吗?
This is great information, especially about divorce. Although I can see that some sellers would see that as a privacy concern.
Does seller have to disclose a proposed highrise that will break ground across the street?
Yes, if they know there is a proposed highrise going in across the street, they should disclose it. And if you now know that information, you should be disclosing it too if they don’t!
How about on a new home? The New Home Trec contract does not have a Seller’s Disclosure section.
New homes are exempt from the Sellers Disclosure
I make sure my sellers are aware this is for their protection. 这可能是他们的第一道防线，如果买家后来试图以潜在缺陷起诉他们，或者说他们不知道与房产有关的事情. 我鼓励他们花时间填写表格，尽他们所知，为自己提供最好的保护.
So, does the seller need to disclose if they are going through a divorce if this is on the SD?
The article said “can” include divorce. 我们也有受托责任保护客户的最大利益，而他们的最大利益可能不是宣传离婚正在进行中.
When in doubt disclose, disclose, disclose! It could protect both you and your client!
It is my understanding that buyers are required to sign.
Great stuff! Thanks
I’ve been told that the most law suits in a real estate transaction are over the Seller’s Disclosure. That’s why we need to get it right for our buyers AND sellers. Besides, don’t forget the neighbors know plenty about the house and family who lived there, and they will share with the new buyers.
I really do not like the TREC sellers disclosure! It is not detailed enough! 我们的Ebby披露很好，因为它有维修的日期，并真正深入研究了重要的问题，如水渗透(洪水)和地表水(洗衣机或马桶溢出)。 ! Wish TREC would adopt one like it so we all would have the same form!
Is a commode overflow that causes water damage considered water penetration? It was not disclosed and we are in a suit for mold.
Anyone ever list a property and learn about sellers’ divorce after receiving the title commitment? Embarrassing, is one word for it. According to the Texas Property Code, “Sec. 5.008. SELLER’S DISCLOSURE OF PROPERTY CONDITION. (a)不超过一个住宅单元的住宅2021十大正规彩票app的卖方应向该物业的买方发出书面通知 .… 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: SELLER’S DISCLOSURE NOTICE ” Then it… Read more »
If a listing has a Seller’s Disclosure Exemption Form with it, 这是否意味着即使其中一名幸存的继承人现在住在该房产中，也不需要填写卖方披露通知?
卖方是否需要向潜在买家披露，在期权期内曾验房但终止合同的买家曾出具过一份验房报告?