What is not included in a seller’s disclosure in Texas?

A seller’s disclosure is simply a document that relates information about a property to potential buyers. This is done so that the buyer really knows what he or she is getting and so that there are no surprises. However, some things that you may think should be included are not actually required in Texas. It’s very important to know how this works.

For example, many buyers will want to know if someone died in the house. However, if that death was a suicide, an accident or just a death from natural causes, the seller is under no obligation to tell the buyer about it. However, if the accident only occurred because the property itself is unsafe in some fundamental way, a seller may have to disclose this so that the buyer knows what repairs and upgrades are needed.

Additionally, when an inspection is done and the home fails this inspection, making it so that a sale doesn’t take place, the seller is not obligated to give that inspection report to the next potential buyer. However, the seller does, as noted above, have to disclose defects and problems with the home that are already known. Therefore, if those things are in the report, it’s not a bad idea to give this inspection report to the next potential buyer, even though the law does not directly require such action.

Finally, if there is a sex offender living near the home, the seller does not have to lawfully disclose this fact to potentially buyers. It is up to those buyers to do their own research on the sex offenders registry and to learn about the offender on their own.

Source: Texas Association of Realtors, “12 things you should know about seller’s disclosure” accessed Feb. 20, 2015