Frequently asked
What happens if I leave something off the disclosure?
Quick answer
If you knew about a material problem and did not disclose it, the buyer may bring a claim after closing. It is much safer to disclose what you know and keep records of repairs and inspections.
Related questions
Do I have to give a seller's disclosure in Texas?
Most sellers of residential property with up to four units must provide a written Seller's Disclosure Notice, though certain sellers, such as those selling under a court order or as a representative of an estate or trust, are generally exempt. If you are unsure, ask your agent or an attorney.
Do I have to disclose problems I already fixed?
The form asks about past conditions and repairs as well as current ones, such as foundation repairs or water penetration. List what happened and what was done, and keep the paperwork so a buyer can see the repair was addressed.
Does selling as-is mean I do not have to disclose?
No. As-is affects whether you will make repairs or give credits, but the duty to disclose known material defects remains.
When does the buyer get the disclosure?
It is generally due on or before the effective date of the contract, and the contract addresses what happens if it is delivered later. Many sellers complete it before listing so it is ready with the first offer.
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