Section 5.08 of the Texas Property Code requires a seller to provide a buyer with a report as to the condition of the property. Common exemptions to this law is new home sales, foreclosures and estate sales.
The Texas Real Estate Commission has taken the items that the property code states must disclose and has prepared a three page document of all the required disclosures.
The Texas Association of REALTORS® has taken the required disclosures and has added additional items that are not required to be disclosed. Their form is five pages in length.
Some local association and some brokerages have their own forms which even disclose more information.
The seller and only the seller should complete this form in it's entirety.
As an agent you should review the form to insure all questions are answered, but not advise the seller on how to answer any of the questions.
A seller's failure to answer all questions has been held to be the equal to misrepresentation of material facts about the property.
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