The photo is of the Texas state flower- Bluebonnetts. It's almost spring and the bluebonnetts will soon be blooming and covering the grassy areas along our state highways.
This is an article about filling out the sellers disclosure that a home seller is required by law to provide to the buyer. In Austin, we have to a choice of two different disclosure forms. One is provided by the Austin Board of REALTORS (ABOR and one is provided by the Texas Association of REALTORS (TAR).
It doesn't matter which one you and your REALTOR choose to fill out but just make sure you fill it out in it's entirety and that you are completely honest. Read the form carefully. I had an experience where the seller didn't and checked the box that a meth lab (illegal maker of methamphetamine drugs) was once in the house. Ouch!! The prospective buyer didn't believe it was in error.
In real estate, we say "disclose, disclose, disclose." You must disclose know defects in the property.
What is a defect? A defect is defined as "an irregularity in a surface or a structure of property that mars it's appearance or causes some aspect of the property to weaken or fail."(Texas Real Estate Center at A&M University)
Must a seller disclose a death on the property? According to the TX Property Code, a seller is not required to disclose a death of natural causes, suicide, or accidents unrelated to the condition of the property.
Must a seller disclose prior water penetration? If the problem has been solved and the damage has been repaired it is no longer a defect that must be disclosed. (Texas Real Estate Center at A&M University)
Must a seller disclose a registered sex offender living in the neighborhood? Not according to the Code of Criminal Procedure or the Texas Government Code, however a buyer can obtain that information through the Department of Public Safety (DPS) Web site.
Must an off-site condition such as roadways or landfills be disclosed? Only if it affects the property in a physical condition. (Texas Real Estate Center at A&M University)
EXEMPTIONS: The most common exemptions is a new home exemption applying to new construction builders, a trustee or executor exemptions and foreclosure exemption. These parties are not required to provide a sellers disclosure report but are required to disclose any known defects such as a cracked slab.
I want to be your REALTOR. If you are thinking of selling a house, give me a call. I'm happy to answer any questions you may have about the seller's disclosure or other matters involving selling a home. 512. 589.7988.
If you are interested in finding out more about Austin, living in Austin, real estate or buying or selling a home in Austin, I want to be your REALTOR. And I appreciate your referrals as well. Call or email to find out how I can help you. 512.589.7988 or robin @robinscottrealtor.com
Austin, Texas Homes for Sale. Robin Scott, BROKER Certified Residential Specialist, Accredited Buyer's Representative, Seller's Representative Specialist. 512.589.7988.
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