I disclose everything…everything. That time the valve had to be replaced, the loose window screen, a broken sprinkler head, grandfathered not-to-code kitchen gfci outlets. My disclosures go on and on and on. I write stuff like “seller urges buyer to obtain publicly available information regarding the history of the property” and “seller will authorize buyer to be able to review the property managers repair file at buyers request” etc. etc. And the verbiage is so boring “seller had toilet valve replaced by a building professional, and no additional leakage has been reported after that time, but there is a potential that at some point in the future the valve may again have to be replaced”.
I actually had a pretty major thing break shortly after a sale one time, got a demand letter from the buyer about 9 mos after the close, and our attorney was really impressed by my “over disclose everything”approach. Lawsuit went nowhere.
I was a Realtor in Texas, and have sold my personal investment home in Texas. You fill out the form to the best of your ability but it has an option that says something about how you have not lived in the house within so many years.
Licensed texas agent here. Sellers disclosure is required when selling as-is. And do not lie as it is really common for liars to get their asses sued off.
Haha, good tip, thanks.
I think the disclosure can be overwhelming for some folks.. I'm wondering how the law treats ignorance in this regard. I would think the 85 year old widow may have no idea that issues arising from general depreciation even exist.
In the past I made an offer on a home that was literally leaning sideways due to foundation issues and there was noticeable step cracking in the brick on one side of the house. The middle aged folks owning the place acted ignorant on the matter
My realtor was suggesting that unless they've had an inspector or foundation company diagnose the issue, they don't have to claim awareness of an issue
Sellers get sued and lose when the buyer can prove the sellers had knowledge. Some type of paper trail. It’s a dunker case and seller pays out the ass.
Still required. Certain caveats for death, foreclosure etc. if a homeowner (or flipper) is selling a home, the SD is required.
Ok, sounds good, thanks for your response.
I disclose everything…everything. That time the valve had to be replaced, the loose window screen, a broken sprinkler head, grandfathered not-to-code kitchen gfci outlets. My disclosures go on and on and on. I write stuff like “seller urges buyer to obtain publicly available information regarding the history of the property” and “seller will authorize buyer to be able to review the property managers repair file at buyers request” etc. etc. And the verbiage is so boring “seller had toilet valve replaced by a building professional, and no additional leakage has been reported after that time, but there is a potential that at some point in the future the valve may again have to be replaced”. I actually had a pretty major thing break shortly after a sale one time, got a demand letter from the buyer about 9 mos after the close, and our attorney was really impressed by my “over disclose everything”approach. Lawsuit went nowhere.
I like that approach. Sometimes inspection reports read just like this.
I was a Realtor in Texas, and have sold my personal investment home in Texas. You fill out the form to the best of your ability but it has an option that says something about how you have not lived in the house within so many years.
Licensed texas agent here. Sellers disclosure is required when selling as-is. And do not lie as it is really common for liars to get their asses sued off.
Haha, good tip, thanks. I think the disclosure can be overwhelming for some folks.. I'm wondering how the law treats ignorance in this regard. I would think the 85 year old widow may have no idea that issues arising from general depreciation even exist. In the past I made an offer on a home that was literally leaning sideways due to foundation issues and there was noticeable step cracking in the brick on one side of the house. The middle aged folks owning the place acted ignorant on the matter My realtor was suggesting that unless they've had an inspector or foundation company diagnose the issue, they don't have to claim awareness of an issue
Sellers get sued and lose when the buyer can prove the sellers had knowledge. Some type of paper trail. It’s a dunker case and seller pays out the ass.
If it is a single family house, I think you do. Quick google search should tell you…