Sellers of most residential property in Texas must give buyers a written seller's disclosure notice. It is easy to treat it as paperwork, but it is often the first document a buyer's attorney reads after a problem appears.
What the notice covers
The form asks about known conditions such as foundation or roof problems, water damage, flooding, past repairs, and unpermitted work. It is based on what the seller actually knows, which makes accuracy and honesty important. Some sales are exempt from the requirement, and exceptions apply.
Common mistakes
Answering from memory instead of checking records and past repairs
Omitting a known problem because it was fixed cheaply
Assuming an as-is clause removes all responsibility
Failing to update the notice when new facts arise before closing
What can happen after closing
Buyers who discover undisclosed known defects may bring claims such as fraud or misrepresentation, depending on the facts. Defending those claims is expensive, even when the seller believes they did nothing wrong.
Protect yourself as a seller
Keep repair receipts and inspection reports, answer each question carefully, and ask for advice if you are unsure how to describe a past problem.
Thoughtful disclosure is cheaper than a post-closing dispute. A transactional attorney can review your notice and contract before the property goes under contract.
Davila Cobos Law Firm, PLLC represents clients in San Antonio and Laredo. Learn more about our real estate transactions attorney services, or contact the firm to discuss your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, so talk to a Texas attorney about yours.
