Do conditions that have been repaired need to be disclosed on a disclosure statement when selling a property?
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Do conditions that have been repaired need to be disclosed on a disclosure statement when selling a property?
I have had water penetration which is now repaired. The entire wall was rebuilt and the repair was done right. There was also some plumbing issues with sewage backing up into the bathroom, which was repaired as well. Do these conditions need to be disclosed?
Asked on October 19, 2010 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The Texas Board of realtors has a disclosure statement that tries to incorporate what is minimally required in the state of Texas. However, a seller in Texas seems to wield great power in their ability to disclose or not to disclose, even though required by statute. Some sellers refuse to sign the disclosure statement and sell the property "as is" or they sign the disclosure and indicate that the buyer can not rely on same, thereby limiting their misrepresentation on the form. I would speak with your attorney as to the issues with the house and the repair and your disclosing the prior repairs. What can happen if you do not sign it or you sign it with the caveat is that the buyer can cancel the contract. I always err on the side of disclosure but realize that may effect the price (they may negotiate it down) or they will execute their option to cancel. But get advice here in your area. Good luck.
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