Seller's disclosures: What you need to know

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This article was originally published in The Galveston County Daily News on 1/26 as part of my weekly 2019 column.

Congratulations! You're looking at houses with your agent and have found a house that you think you might be interested in buying. Let's take a look at the disclosures which may help you to make a decision.

Ideally, you could get a written statement of any known problems with the property. Fortunately, as a way to provide a minimum amount of protection to home buyers, both the federal government and the state of Texas have created written disclosure notices for just this purpose.

Both entities have specific rules and required documents for these disclosures and require that they be provided to prospective buyers.

There are several kinds of disclosures available. A common one is a notice of lead-based paint and lead-based paint hazards. It is required by federal law to alert buyers to that there may be lead based paint somewhere on the property. It is required for use on properties built before 1978.

Most of Galveston's housing stock predates 1978. Many homes predate indoor plumbing and electricity, all which contribute to our historic charm. Buyers can expect to sign this notice and receive a brochure discussing the hazards of lead-based paint.

The seller's disclosure notice is mandated by the state, covering details about the property's condition. There are two similar forms used in Texas, one written by the Texas Real Estate Commission, the other promulgated for use by the Texas Association of Realtors. The second one includes the same information but goes into greater detail than the one provided by TREC.

In many cases, your agent may have immediate access to a copy of the seller's disclosure in the Multiple Listing Service (MLS) listing. If you have not received a copy prior to writing an offer, you may specify how many days you will give the seller to produce it. If it is not produced within seven days of an executed offer, the buyer may terminate the contract without consequence.

The seller's disclosure covers many aspects of the property. Sellers are also required to disclose and provide any professional inspections completed within the past four years in addition to answering a lengthy checklist concerning the property's condition to the best of their knowledge.

Despite all that, the Texas seller's disclosure doesn't cover everything. It covers things like French drains, furnaces and roof materials, but not natural death on the property. It doesn't ask any questions about hauntings, as surprising as that may seem.

Agents are taught the best thing to do in all cases is disclose whatever you do know about a property, but buyers should understand the information available in a seller's disclosure is not a substitute for a professional inspection or due diligence of their own.

Earlier in Jan. 2019, in answer to concerns arising after Harvey, Sen. Joan Huffman, R-Houston, has introduced SB 339, which is intended to provide additional information regarding 100- and 500-year floodplains and any knowledge of risk of flooding.

Your Galveston Realtor has the experience and tools to help you learn the information needed to make the right decision.

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Disclaimer: The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the HRIS.

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