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If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.
Seller's Disclosure Notices are required in most Texas residential transactions. Many sellers mistakenly assume that if they never occupy the property, they are exempt from the disclosure requirement. Make sure your seller is truly exempt before deciding to omit the disclosure.
Seller agrees to give Purchaser prompt notice of any fire or other casualty occurring at or to the Property between the date of this Agreement and the Closing Date, or of any actual or threatened condemnation of all or any part of the Land of which Seller has knowledge.
Texas is a nondisclosure state, one of about a dozen in the U.S., in which the sales price of homes isn't required to be publicly disclosed.
California, like many states, requires its residential property sellers to disclose, in writing, details about the property they have on the market.(See, California Civil Code § 1102.)
This notice acknowledges that the buyer has been advised by a license holder to have the abstract covering the property examined by an attorney or to obtain a title insurance policy. It also gives information regarding statutory notices that are required if the property is in a Utility District.
In short, you don't have to disclose a death in a house in Texas unrelated to the condition of the property, the HIV status of any occupants of the property, and won't be held responsible for any conditions that you are truly unaware of.
Disclosure Laws in Texas for Home SalesSeller disclosures in Texas are governed by Texas Property Code Section § 5.008.Given all of the stresses involved in selling your home, you do not want to create this additional layer of uncertainty.