Texas Property Code 5.008 - Seller’s Disclosure Texas

Sec. 5.008.  SELLER'S DISCLOSURE OF PROPERTY CONDITION.  (a)  A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.

(b)  The notice must be executed and must, at a minimum, read substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT ___________________________________

                          (Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1.  The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

  Hookups

  Screens

__ Security

__ Fire Detection

__ Intercom

  System

  Equipment

  System

__ Smoke Detector

__ Smoke Detector -

  Hearing Impaired

__ Carbon Monoxide

  Alarm

__ Emergency Escape

  Ladder(s)

__ TV Antenna

__ Cable TV

__ Satellite

  Wiring

  Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

  Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window

  Air

  Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

  System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

  Sprinkler

  System

__ Fireplace(s) &

__ Fireplace(s) &

  Chimney

  Chimney

  (Woodburning)

  (Mock)

__ Natural Gas Lines

__ Gas Fixtures

__ Liquid Propane Gas:

__ LP Community

__ LP on Property

  (Captive)

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type:  ________________________________ Age:  _____(approx)

Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair?  __ Yes  __ No  __ Unknown.

If yes, then describe.  (Attach additional sheets if necessary):

________________________________________________________________

________________________________________________________________

2.  Does the property have working smoke detectors installed in accordance with the smoke detector requirements of Chapter 766, Health and Safety Code?*  __ Yes  __ No  __ Unknown.

If the answer to the question above is no or unknown, explain.  (Attach additional sheets if necessary):______________

________________________________________________________________________________________________________________________________

*Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements.  If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information.  A buyer may require a seller to install smoke detectors for the hearing impaired if:  (1) the buyer or a member of the buyer's family who will reside in the dwelling is hearing impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation.  The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.

3.  Are you (Seller) aware of any known defects/malfunctions in any of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

  Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

  Septics

  Systems

  Fixtures

__ Other Structural Components (Describe):_______________________

________________________________________________________________

________________________________________________________________

If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):________________________________

________________________________________________________________

________________________________________________________________

4.  Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

  (includes

  or Roof Repair

  wood-destroying insects)

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

  Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

  Treatment

  Insulation

__ Previous Flooding

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Penetration

__ Aluminum Wiring

__ Located in 100-Year

__ Previous Fires

  Floodplain

__ Present Flood Insurance

__ Unplatted Easements

  Coverage

__ Landfill, Settling, Soil

__ Subsurface

  Movement, Fault Lines

  Structure or Pits

__ Single Blockable Main

__ Previous Use of Premises

  Drain in Pool/Hot

  for Manufacture of

  Tub/Spa*

  Methamphetamine

If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):________________________________

________________________________________________________________

________________________________________________________________

*A single blockable main drain may cause a suction entrapment hazard for an individual.

5.  Are you (Seller) aware of any item, equipment, or system in or on the property that is in need of repair?  __ Yes (if you are aware)  __ No (if you are not aware).  If yes, explain (attach additional sheets as necessary). _________________________________

6.  Are you (Seller) aware of any of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__

Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__

Homeowners' Association or maintenance fees or assessments.

__

Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__

Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__

Any lawsuits directly or indirectly affecting the Property.

__

Any condition on the Property which materially affects the physical health or safety of an individual.

__

Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.

__

Any portion of the property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):  ______________________________

________________________________________________________________

________________________________________________________________

7.  If the property is located in a coastal area that is seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the property may be subject to the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63, Natural Resources Code, respectively) and a beachfront construction certificate or dune protection permit may be required for repairs or improvements.  Contact the local government with ordinance authority over construction adjacent to public beaches for more information.

8.  This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations.  Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the Internet website of the military installation and of the county and any municipality in which the military installation is located.

_______________         ________________________________________

Date                     Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the foregoing notice.

_______________         ________________________________________

Date                     Signature of Purchaser

(c)  A seller or seller's agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.

(d)  The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller.  If the information required by the notice is unknown to the seller, the seller shall indicate that fact on the notice, and by that act is in compliance with this section.

(e)  This section does not apply to a transfer:

(1)  pursuant to a court order or foreclosure sale;

(2)  by a trustee in bankruptcy;

(3)  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;

(4)  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;

(5)  by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(6)  from one co-owner to one or more other co-owners;

(7)  made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors;

(8)  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;

(9)  to or from any governmental entity;

(10)  of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes; or

(11)  of real property where the value of any dwelling does not exceed five percent of the value of the property.

(f)  The notice shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property.  If a contract is entered without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice.

(g)  In this section:

(1)  "Blockable main drain" means a main drain of any size and shape that a human body can sufficiently block to create a suction entrapment hazard.

(2)  "Main drain" means a submerged suction outlet typically located at the bottom of a swimming pool or spa to conduct water to a recirculating pump.