WHAT YOU NEED TO KNOW ABOUT THE SELLER’S DISCLOSURE FORM

WHAT YOU NEED TO KNOW ABOUT THE SELLER’S DISCLOSURE FORM

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This one form, filled out by the seller of a property, is more important than you may have realized. I compare it to a hard hat at a construction site. Seems overly precautious until a large piece of material falls from above and suddenly you’re awfully glad you had that protection!

In 1993, this form became mandatory, exclaiming that “Texans would be bound to truth in selling their homes…is designed to protect Realtors from the burgeoning number of ‘failure to disclosure’ lawsuits…the bill would require sellers to complete a disclosure form detailing the condition of the house, property and certain equipment within the house.”

What is it?

This statement is a disclosure of the condition of the property in compliance with the seller Disclosure Act. This statement is a disclosure of the condition and information concerning the property, known by the seller. Unless otherwise advised, the seller does not possess any expertise in construction, architecture, engineering, foundation, roof, or any other specific area related to the construction or condition of the improvements on the property or the land. This statement is not a warranty of any kind by the seller and is not a substitute for any inspections or warranties the buyer may wish to obtain. NOTE: For sale my owners are also legally required to provide this form.

Can your agent help you fill it out?

No. As Realtors, this would infringe on our duties to abide by the National Association of Realtors “Code of Ethics and standards of practice.” We are not lawyers and cannot give any advice or interpret any law regarding what the form says or means. If there are any questions, sellers need to consult an attorney.

Both TAR and TREC have a seller’s disclosure notice. Which to use?

Both forms are in compliance with the law. With that said, the TAR form is far preferred. It asks more questions, is far more thorough, is easier to fill out, spells out specific safety hazards the TREC form does not, is more useful for buyers and is designed to serve as a better risk-reduction tool for sellers. It is in your best interest as the seller to ask your agent to provide you with the TAR form.

Who is exempt from filling this form out?

There are 11 exceptions, but the most common are:

  • A builder of a new home
  • A trustee or executor of an estate
  • The lender after foreclosing on a property
  • Duplex owners

Even though these types of sellers (and a few others) are not required to provide a disclosure notice, they still must disclose any known material defects. Requirements of Section 5.008, all sellers have an obligation to disclose known defects about the property. Failure to do so exposes them to liability under the Deceptive Trade Practices Act or other civil laws.

What about previous death in the property?

The statute does not require disclosure of deaths by natural causes, suicide, or accidents unrelated to the condition of the property.

Previous Inspection Reports

If a seller bought the home within the past 4 years OR if a seller receives a copy of an inspection report from a buyer but the contract with that buyer falls through, the seller and brokers should consider sharing the report and they have a duty to disclose any known material defects. Possession of a prior inspection report may be evidence of the seller’s or broker’s knowledge of a known defect, although no law requires that the report must be provided.

Consequences When Sellers Don’t Disclose

A seller who doesn’t disclose known defects can be sued by the buyer after the defect is discovered. As a seller, you don’t want to look back after closing!

If a court finds the seller responsible, they may be required to:

  • Repairs and other damages resulting from the undisclosed defect
  • Pay the buyer’s attorney’s fees and costs of the lawsuit
  • Take back the house if the court invalidates or rescinds the sale
  • Punishment for punitive damages of failure to disclose defects

 

A surprise birthday party is fun…a surprise moldy house is not! Use of this form may result in fewer surprises to the buyer after closing and less liability for the agents and the seller(s). Don’t make your home sale any more challenging than need be. A seller’s accurate and honest disclosure is worth it.

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Cheri represented us on the purchase and close of our home to an area we were new to. She was very knowledgable and helped us to get settled along the way. Pleasure to work with! Very well respected in her field of work.~ Koena T.
Coastline Properties is a very qualified Real Estate Agency in Corpus Christi, TX. They have great knowledge of the market, are proficient and very personable. I Have recommended several clients to them with like results.~ John L. Sullivan
Recently I asked my 10 closest friends who they would vote for as North Padre Island''s top Realtor; emphatically every single one of them came back and said "Cheri Sperling." This is why I trust Coastline Properties for all my real estate transactions.~ Alex K.
Absolute Best Corpus Christi Realtor!! Cheri Sperling from Coastline Properties came to our rescue, and we finalized the deal that closed on 04/09/12. Her impeccable communication skills helped us to truly create a win/win transaction. Her patience, commitment to people’s feelings and knowledge of Real Estate Law make her an outstanding Realtor. After dealing with a horrible Commercial Realtor trying to sell our business building that just wasn't going anywhere. We called Cheri, today I feel so blessed with the deal that she helped us negotiate. Thank You for everything Cheri....you are THE BEST!~ Astoria Properties, LLC
It is with our utmost privilege we endorse Coastline Properties! We have known Cheri Sperling for at least 15+ years. As a real estate professional and dear mutual friend! Thanks to Cheri we have been avoided many costly mistakes, in connection with the various houses she has shown us over the years. Her expertise and valuable advice, has prevented us numerous unnecessary expenses that could have had traumatic lasting affects!~ William & Norma Twijnstra
In the 37 years that I have lived in Corpus Christi, I have been involved in the purchase or sale of Real Estate 16 times. In the last three, my wife and I have been represented by Cheri Sperling of Coastline Properties. I highly recommend Cheri Sperling and feel she is the finest realtor I have ever had the pleasure of dealing with. She is knowledgeable, honest, energetic and dependable. Not only does Cheri know all of the ins and outs of the local real estate market and the applicable rules and regulations, she is willing to always go the extra mile to make the deal work and take the burden off of her client in the process. If I ever find myself in another real estate transaction in the future, I will make every effort to have Cheri Sperling represent me.~ Michael O’Reilly, P.C.
Cheri, Thank You for visiting with me this morning. I learn much from you. It is always so pleasant to walk into Coastline as I am always warmly greeted, the office is very inviting and full of helpful information for your clients. I am grateful for you putting 14318 Caribe Dr. on your calendar for October 9. I am excited about you and the agents seeing every nook and cranny that this amazing home has to offer.Have a great weekend..~ Mary Melick Real Estate
Cheri, We will always have fond memories of our time in Corpus Christi and our relocation experience because of you. You have done an outstanding job not only in buying and selling our house but throughout the entire relocation process creating a seamless transition. If we ever return to the Corpus Christi area, we know who to call. Thank you so much!~ Ken, Padre Islander
Thanks to Tara Gallaspy for doing such a great job on our recent home sale! It was nice to leave the job in such a capable person's hands and not have to worry about the myriad of details that take place in order to finalize a sale. Our house had a contract one week from listing, and the closing went off early without a hitch. Tara also went above and beyond between those two events. I would never hesitate to recommend her to a friend.~ Shannon Trial, Padre Islander