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Home sellers in Texas: What you need to disclose

Texas law ensures the honest home transactions occur throughout the state. As a home seller, the law requires you report any known material defects with the property. Though the temptation of selling your home without disclosing its previous repairs and existing issues may prove great, you want to explain all problems – or your home buyer could sue you.

 

Disclosure documentation

When you sell your home, Texas court requires you to identify and sign items in a Texas Disclosure Statement. The statement includes your written knowledge of your home’s condition and health of certain amenities on the property.

The document requires you to mark “Yes”, “No” or “Unknown” to whether your property has items such as:

  • Septic system
  • Central A/C
  • Rain gutters
  • Fences
  • Smoke detectors
  • Washer/Dryer

The form also involves your answers to whether you know of any issues on the property such as:

  • Water penetration
  • Previous termite damage
  • Previous fires
  • Hazardous or toxic waste
  • Previous roof repair
  • Fault lines

After filling out the form, the document is given to the potential buyers to assess specific answers.

Only personal knowledge is required

Texas state law does not require you to seek out and report any issues not previously known. In this case, if you have no reason to believe that the roof leaks or a termite issue exists in your home, you do not need to hire someone to investigate an issue.

If you are selling your home in Texas, understand that disclosing all known information regarding the home’s condition is essential for an honest sale. Real estate lawsuits carry huge costs, and you do not want to risk spending significant money on defense because you covered up a defect. Selling your home should constitute an exciting process, and you want to ensure that the sale is legal.

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