When it’s time to sell your home in Texas, understanding your obligations regarding disclosures is crucial. Disclosing known issues helps protect you from future legal disputes and ensures buyers have a clear picture of what they’re purchasing. In the state of Texas, sellers are generally required to complete and provide a Seller’s Disclosure Notice, which outlines key information about the condition of the property.
1. Foundation Issues and Repairs
One of the most common questions sellers have is whether they need to disclose foundation problems or foundation repairs. In Texas, the answer is yes. If your home has foundation issues—regardless of whether those issues have been repaired or not—you are obligated to disclose them. This is because foundation problems can significantly impact the structural integrity and value of a home, and the Texas Property Code requires sellers to inform potential buyers of any known material defects.
Key Takeaway
- Disclose foundation problems and any related repairs or ongoing concerns. This includes past foundation work, even if the problem was resolved.
2. Mold Issues
Mold is another issue that must be disclosed to potential buyers in Texas. Mold can present health risks and can be costly to remediate. Whether the mold issue is ongoing or occurred in the past, Texas law requires that it be disclosed. Even if the mold was professionally remediated, you should note it on the Seller’s Disclosure Notice.
Key Takeaway
- Disclose mold problems (past or present). If it has been remediated, provide that information to the best of your knowledge.
3. Bad Neighbors or Neighborhood Disputes
An interesting topic that often comes up is whether you must disclose issues with neighbors, such as disputes or general neighborhood problems. In Texas, you are not required to disclose the subjective experience of dealing with a “bad neighbor.” The Seller’s Disclosure Notice is primarily concerned with physical and legal conditions of the property, not personal relationships or neighbor disputes.
Key Takeaway
- You generally do not have to disclose a bad neighbor or other non-physical, personal issues.
4. Other Common Disclosures
Below are a few other disclosures commonly required in Texas. If any of these apply to your property, you should inform potential buyers:
- Water Damage or Flooding: Any history of flooding, water penetration issues, or insurance claims related to water damage.
- Termite or Pest Problems: Past or current infestations and related damage.
- HVAC, Plumbing, and Electrical Issues: Current or previous problems and any repairs made.
- Roof Leaks or Damage: Past or current roof damage and any repairs completed.
- Homeowner Association (HOA) Information: If your property is under an HOA, disclose association fees, rules, and regulations.
5. Why Accuracy Matters
In Texas, sellers are required by law to disclose all known material defects. Failing to disclose these issues can lead to legal consequences, including the possibility of the buyer taking legal action if they discover a known, undisclosed problem after closing. It’s always better to err on the side of caution and include all issues you are aware of.
6. How to Complete the Seller’s Disclosure Notice
The Texas Real Estate Commission (TREC) provides a Seller’s Disclosure Notice form that you or your real estate agent can use. Here are a few guidelines:
- Answer Honestly: Only note things you truly know about. If you’re unsure, it’s best to indicate uncertainty rather than omit information.
- Be Thorough: Include as many details as you can about the issue, including dates, repair receipts, or professional opinions if applicable.
- Consult a Professional: If you have any concerns about a potential defect, you may want to get a professional inspection before listing your home.
7. Final Thoughts and Disclaimer
Disclosing known issues isn’t just about following the law—it’s also about transparency and building trust with potential buyers. By accurately completing your Seller’s Disclosure Notice, you can help ensure a smoother sale process and reduce the risk of legal disputes down the line.
Note: The information provided here is based on general Texas disclosure requirements and is not intended as legal advice. If you have specific questions or concerns, consider consulting a qualified real estate attorney or a licensed Texas real estate agent.
By following these guidelines and fully disclosing required information, you’ll be better prepared to sell your Texas home with confidence and integrity. If you have any questions about what to disclose—or want to ensure you’re doing everything by the book—reach out to a real estate professional or attorney.
