Property sales can be time-consuming, so it’s understandable not to want any delays. But if your property has defects, you will need to make a proper disclosure in most circumstances. An experienced real estate attorney in El Paso, TX can provide invaluable advice about how to proceed. This guide explains the legal requirements for disclosing property defects and the times when an exemption may apply.
What Are the Legal Requirements for Disclosing Property Defects in a Sale in El Paso, TX?
Do Property Defects Have to Be Disclosed in El Paso?
Any property sale in El Paso is subject to Texas law. This includes Property Code Section 5.008 which stipulates that a disclosure notice must be provided by the seller. The range of information that must be disclosed includes known defects and other relevant facts such as previous flooding events.
It is imperative that the seller makes a full and honest disclosure. However, they are only expected to disclose what they know. Texas law does not expect sellers to disclose what they should have known. This means there is no need for a seller to arrange an inspection to make a full legal disclosure.
What Defects Must Be Disclosed?
The standard disclosure form provides helpful prompts about what to disclose, so it’s fairly obvious what to include. However, as a general guide, sellers should cover the following:
- Structural condition and defects
- HVAC, plumbing, and electrical systems
- Cosmetic condition
- The presence of lead paint or other hazardous materials
- Flood warnings
- Pest infestation
Do “As Is” Sales Require Full Disclosure?
Some sellers opt to include an “As Is” clause in the sale contract. This means that the buyer assumes responsibility for the property in the state that it’s sold. This includes any repairs that need to be carried out. The seller is not responsible for the cost of any repairs or work required.
However, a seller disclosure form must still be completed for these sales. Sellers are still obliged to make a full and honest disclosure about the defects of the property and any other relevant information.
Are There Any Exemptions?
There are some circumstances where a seller’s disclosure is not legally required. The main exemptions allowed by Texan law include:
- Commercial properties
- Estate sales after the death of the property owner
- Sales ordered by the court
- Residential sales that include more than one property unit
- New properties that have never been occupied
- Sales between family members
- Sales from one co-owner to another
- Transfers or sales which form part of a divorce or separation agreement
How Can a Real Estate Attorney Help?
The law surrounding disclosure of property defects can be complex with heavy consequences for not meeting your obligations. Failing to make a proper disclosure could even leave you vulnerable to legal action. An attorney can check your obligations for disclosure and advise what must be included in the notice. This will ensure you comply with the law at every step and avoid future repercussions.
We would be delighted to provide advice or assistance on your property sale. To make an appointment, get in touch with us here at the Law Office of Albert Nabhan, PLLC in El Paso, TX today.
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