Texas Property Code - Section 5.008. Seller's Disclosure Of Property Condition
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Texas Laws > Property Code > Texas Property Code - Section 5.008. Seller's Disclosure Of Property Condition
§ 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION. (a)
A seller of residential real property comprising not more than one
dwelling unit located in this state shall give to the purchaser of
the property a written notice as prescribed by this section or a
written notice substantially similar to the notice prescribed by
this section 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
CONCERNING THE PROPERTY AT ___________________________________
(Street Address and City)
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF
THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY
SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR
WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT
A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U). __Range __Oven __Microwave __Dishwasher __Trash Compactor __Disposal __Washer/Dryer __Window __Rain Gutters Hookups Screens __Security __Fire Detection __Intercom System Equipment System __TV Antenna __Cable TV __Satellite Wiring Dish __Ceiling Fan(s) __Attic Fan(s) __Exhaust Fan(s) __Central A/C __Central Heating __Wall/Window Air Conditioning __Plumbing System __Septic System __Public Sewer System __Patio/Decking __Outdoor Grill __Fences __Pool __Sauna __Spa __Hot Tub __Pool Equipment __Pool Heater __Automatic Lawn Sprinkler System __Fireplace(s) & __Fireplace(s) & Chimney Chimney (Woodburning) (Mock) __Gas Lines __Gas Fixtures (Nat./LP) Garage:__Attached __Not Attached __Carport Garage Door Opener(s): __Electronic __Control(s) Water Heater: __Gas __Electric Water Supply:__City __Well__MUD __Co-op
Roof Type: ________________________________ Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Are you (Seller) aware of any known defect/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__Interior Walls __Ceilings __Floors __Exterior Walls __Doors __Windows __Roof __Foundation/ __Basement Slab(s) __Walls/Fences __Driveways __Sidewalks __Plumbing/Sewers/ __Electrical __Lighting Septics Systems Fixtures
__ Other Structural Components (Describe): ____________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
3. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__Active Termites __Previous Structural (includes or Roof Repair wood-destroying insects) __Termite or Wood Rot __Hazardous or Toxic Waste Needing Repair __Previous Termite Damage __Asbestos Components __Previous Termite __Urea formaldehyde Treatment Insulation __Previous Flooding __Radon Gas __Improper Drainage __Lead Based Paint __Water Penetration __Aluminum Wiring __Located in 100-Year __Previous Fires Floodplain __Present Flood Insurance __Unplatted Easements Coverage __Landfill, Settling, Soil __Subsurface Movement, Fault Lines Structure or Pits
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair? __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach
additional sheets as necessary)._________________________________
5. Are you (Seller) aware of any of the following?
Write Yes (Y) if you aware, write No (N) if you are not aware.
__ Room additions, structural modifications, or other alterations or repairs made withoutnecessary permits or not in compliance with building codes in effect at that time. __ Homeowners'Association or maintenance fees or assessments. __ Any "common area"(facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interestwith others. __ Any notices of violations of deed restrictions of governmental ordinances affecting the condition or use of the Property. __ Any lawsuits directly or indirectly affecting the Property. __ Any condition on the Property which materially affects the physical health or safety of an individual.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
__________________ _____________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice.
__________________ _____________________________________
Date Signature of Purchaser
(c) A seller or seller's agent shall have no duty to make a
disclosure or release information related to whether a death by
natural causes, suicide, or accident unrelated to the condition of
the property occurred on the property or whether a previous
occupant had, may have had, has, or may have AIDS, HIV related
illnesses, or HIV infection.
(d) The notice shall be completed to the best of seller's
belief and knowledge as of the date the notice is completed and
signed by the seller. If the information required by the notice is
unknown to the seller, the seller shall indicate that fact on the
notice, and by that act is in compliance with this section.
(e) This section does not apply to a transfer:
(1) pursuant to a court order or foreclosure sale;
(2) by a trustee in bankruptcy;
(3) to a mortgagee by a mortgagor or successor in
interest, or to a beneficiary of a deed of trust by a trustor or
successor in interest;
(4) by a mortgagee or a beneficiary under a deed of
trust who has acquired the real property at a sale conducted
pursuant to a power of sale under a deed of trust or a sale pursuant
to a court ordered foreclosure or has acquired the real property by
a deed in lieu of foreclosure;
(5) by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust;
(6) from one co-owner to one or more other co-owners;
(7) made to a spouse or to a person or persons in the
lineal line of consanguinity of one or more of the transferors;
(8) between spouses resulting from a decree of
dissolution of marriage or a decree of legal separation or from a
property settlement agreement incidental to such a decree;
(9) to or from any governmental entity;
(10) of a new residence of not more than one dwelling
unit which has not previously been occupied for residential
purposes; or
(11) of real property where the value of any dwelling
does not exceed five percent of the value of the property.
(f) The notice shall be delivered by the seller to the
purchaser on or before the effective date of an executory contract
binding the purchaser to purchase the property. If a contract is
entered without the seller providing the notice required by this
section, the purchaser may terminate the contract for any reason
within seven days after receiving the notice.
Added by Acts 1993, 73rd Leg., ch. 356, § 1, eff. Jan. 1, 1994.
Amended by Acts 2005, 79th Leg., ch. 728, § 17.001, eff. Sept. 1,
2005.
Section: 5.001 5.002 5.003 5.004 5.005 5.006 5.007 5.008 5.009 5.010 5.011 5.012 5.013 5.014 5.014
Last modified: August 11, 2007
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