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Brokers are aware of their responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following persons have reviewed the information above and certify to the best of their knowledge that the information they have provided is true and accurate. Buyer Date Seller Other Broker Listing Broker The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts. BUYER S ACKNOWLEDGMENT check applicable boxes 1. ...

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What is the difference between TREC and TXR?

The TREC Sellers Disclosure Notice (TREC OP-H) only contains the minimum information required by statute. The Texas REALTORS notice (TXR 1406) has added provisions that provide more information for buyers and is designed to serve as a risk-reduction tool for sellers.

Does an estate sale require a sellers disclosure in Texas?

If the property is being sold by the executor of an estate, a sellers disclosure is not required. However, heirs at law and beneficiaries are not included in the list of exemptions and must therefore complete a sellers disclosure. Whether buying or selling, real estate law can be complex and confusing.

Who signs the sellers disclosure in Texas?

Property Code Section 5.008(7)(d) states that the disclosure notice shall be completed to the best of sellers belief and knowledge as of the date the notice is completed and signed by the seller.

What is a Texas disclosure form?

A disclosure form is required to sell every previously occupied single-family residence in the state. There are two legally-acceptable disclosure notice forms sellers can choose from in Texas.

What is duty to disclose in Texas real estate?

Seller acknowledges Sellers duty under Texas law to disclose all known material facts and circumstances relating to the Property, including defects, inoperative or faulty systems, needed repairs (major or minor), negative facts, adverse conditions, pending or prospective neighborhood changes, and any other fact or

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What are the sellers disclosure requirements in Texas?

Disclosure Laws in Texas for Home Sales It says that sellers of single-unit residential real property must give purchasers a written notice containing their knowledge of the condition of the property, and sets forth language that should be on that form, focusing on material defects.

What year did Texas ban lead-based paint?

1. When was the use of lead in paint banned? The Consumer Product Safety Commission (CPSC) banned the use of lead-based paint in toys, furniture, schools and residences in 1978.

Is a lead-based paint disclosure required in Texas?

A seller, landlord, or agent who fails to satisfy lead-based paint disclosure requirements can be sued for triple the amount of damages and may be subject to civil and criminal penalties.

Does all paint before 1978 have lead?

Answer: The older your home, the more likely it contains lead-based paint. For example, 87% of homes built before 1940 have some lead-based paint, while 24% of homes built between 1960 and 1978 have some lead-based paint.

Who is required to complete a property disclosure notice in Texas?

Description: This disclosure form is required by sellers of previously occupied single family residences and is to be used in conjunction with a contract for the sale of real property entered into on or after September 1, 2019.

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