Sellers Disclosure - Austin Board of REALTORS 2025

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Estate Sales: If the sale is conducted by an administrator of an estate, the seller does not need to provide a sellers disclosure. Sales Between Family Members: Sales involving close family members like parents, children, or spouses, are also exempt.
The sellers failure to provide the required disclosures entitles you to make claims for monetary damages for undisclosed defects under either the Texas Deceptive Trade - Consumer Protection Act or the Statutory Fraud Act.
You can get the form from a buyers or sellers agent or real estate attorney. While the disclosure form will vary in format, it may contain the following: List of specific issues the homeowner must check off if the home has them.
The five-page Texas REALTORS Sellers Disclosure Notice covers a wide range of topics. It asks sellers to list the appliances and systems in the property, current defects, past insurance claims, past inspection reports, and other conditions of the property.
Section 5.008 of the Texas Property Code governs a sellers duty to disclose the condition of residential real estate. You may review the promulgated disclosure form on the Contract Forms tab of the Texas Real Estate Commissioners website found at .

Facts about Sellers Disclosure - Austin Board of REALTORS

The Sellers Disclosure form is a crucial document that provides potential buyers with essential information regarding the condition of a property, ensuring transparency in real estate transactions.

Use cases of the form

Form filing requirements

How to submit the Sellers Disclosure - Austin Board of REALTORS?

Other important aspects to understand about completing Sellers Disclosure - Austin Board of REALTORS

Use cases of the form

This form is primarily required to be filled out by sellers of residential properties in Texas, specifically those selling homes with one dwelling unit. It serves as a legal requirement under Section 5.008 of the Texas Property Code, mandating sellers to disclose known issues or defects related to the property. Real estate agents and brokers also utilize this form to facilitate smoother transactions and protect their clients from potential legal disputes arising from undisclosed property conditions.

Form filing requirements

Sellers must provide the completed Sellers Disclosure Notice to prospective buyers on or before the effective date of a sales contract. If this notice is not provided prior to contract signing, buyers have the right to terminate the contract within seven days after receiving it. The seller should ensure that all information is accurate and complete to the best of their knowledge, as any omissions can lead to legal repercussions.

  • The disclosure must be delivered before the effective date of a sales contract.
  • If not provided timely, buyers can terminate the contract within seven days.

How to submit the Sellers Disclosure - Austin Board of REALTORS?

To submit the Sellers Disclosure form, follow these steps: First, obtain a copy of the template from DocHub's library or your real estate agent. Next, fill out all required sections accurately based on your knowledge of the property's condition. Once completed, you can either send it electronically via email or print it out for physical delivery to your buyer or their agent.

  1. Obtain a copy of the Sellers Disclosure template from DocHub or your real estate agent.
  2. Fill out all sections truthfully and completely.
  3. Submit electronically via email or print and deliver physically.

Other important aspects to understand about completing Sellers Disclosure - Austin Board of REALTORS

It is essential for sellers to understand that this disclosure does not replace professional inspections; rather, it complements them by providing initial insights into potential issues. Additionally, if any information is unknown to the seller, they are permitted to indicate this on the form without penalty. This flexibility helps maintain compliance with state laws while protecting both parties involved in a transaction.

  • The form includes detailed sections for various property features and known defects.
  • Sellers are encouraged to consult with real estate professionals when completing this document.
  • Failure to provide accurate disclosures can result in legal action against sellers post-sale.
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In most states, by law, you have to disclose any issues with the property. By not disclosing, you open yourself up to lawsuit.

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