The Texas Seller's Disclosure Notice can be found here:
This disclosure form is required by sellers of previously occupied single family residences and is to be used in conjunction with a contract for the sale of real property. It contains information required to be disclosed by Section 5.008 of the Texas Property Code regarding material facts and the physical condition of the property.
What Happens If A Seller Doesn't Provide The Disclosure Before Signing A Contract?
The buyer can cancel the contract for any reason within seven days of receiving the disclosure.
Include Your Disclosures on Your MLS Listing
When you list your home on the MLS with homecoin.com for a one-time fee of $95, we will upload your disclosures directly in your MLS listing, so you can easily comply with Texas law. Learn more about our flat fee MLS service here: https://homecoin.com/flat-fee-mls/texas
Are There Exemptions To Having To Provide This?
Yes, below is the list of when this does not apply, as noted in Section 5.008 of the Texas Property Code as of this writing:
- pursuant to a court order or foreclosure sale;
- by a trustee in bankruptcy;
- to a mortgagee by a mortgagor or successor in interest, or to a beneficiary of a deed of trust by a trustor or successor in interest;
- by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure;
- by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
- from one co-owner to one or more other co-owners;
- made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors;
- between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;
- to or from any governmental entity;
- of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes; or
- of real property where the value of any dwelling does not exceed five percent of the value of the property.
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