Does Seller Have To Disclose Previous Inspection In Texas

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The Great Texas Inspection Disclosure Showdown: Myth vs. Reality (and a Pinch of Humor)

Howdy, homebuyers and sellers of the Lone Star State! Gather 'round the virtual campfire (or your phone, whatever floats your boat) for a rootin' tootin' discussion about a common Texas real estate mystery: does a seller have to disclose previous inspections?

Well, folks, the answer is about as tangled as a herd of wild mustangs after a rodeo. Here's the lowdown:

The Lone Ranger of Disclosure: What the Law Actually Says

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TitleDoes Seller Have To Disclose Previous Inspection In Texas
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There's a sheriff in town, and its name is the Texas Property Code Section 5.008. This law mandates sellers to disclose the condition of the property to the best of their knowledge, but there's no explicit mention of previous inspections. So, technically, you don't have to sing kumbaya about that termite inspection from 2021.

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Does Seller Have To Disclose Previous Inspection In Texas
Does Seller Have To Disclose Previous Inspection In Texas

Hold Your Horses! Here's the Catch

Now, just because the law doesn't say "previous inspections, disclose them you must!" doesn't mean you're free as a bluebonnet in spring. Here's why:

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  • The Truthful Truth Teller: If you know about a major defect revealed in a past inspection and try to keep it hush-hush, that's a recipe for trouble. Remember, honesty is the best policy (and it keeps you out of legal hot water).
  • The Seller's Disclosure Notice: A Talkative Texan This form, required by law, asks sellers to list and potentially attach copies of inspections conducted in the past four years. So, while not mandatory, transparency is highly encouraged.

The Moral of the Story?

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While Texas law doesn't force you to disclose previous inspections, it's generally a good idea to be upfront with potential buyers. After all, you wouldn't want them to show up expecting a palace and find a fixer-upper fit for a hootenanny of handymen.

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Bonus Tip: Even if you don't have to disclose the report itself, consider mentioning any major issues found and subsequently addressed. This shows you've been a responsible homeowner and puts potential buyers at ease.

Frequently Asked Questions: Your Texas Inspection Disclosure Dilemma Solved

  1. How to Find Out About Previous Inspections? The best bet is to ask the seller directly. You can also inquire with the listing agent.
  2. How to Get a Copy of a Previous Inspection? If the seller has it and is willing to share, they can provide you with a copy. However, there's no guarantee they'll have it or be obligated to give it to you.
  3. How Important is a Previous Inspection? It can be helpful to understand potential issues, but remember, the report reflects the property's condition at that specific time. It's always wise to get your own inspection for the most up-to-date assessment.
  4. How Much Does a Seller's Disclosure Notice Cost? There's no separate cost for the form itself. It's typically included in the real estate transaction fees.
  5. How to Deal with a Seller Who Won't Disclose Previous Inspections? If you suspect there might be something fishy going on, discuss your concerns with your real estate agent. They can advise you on the best course of action.

So there you have it, folks! Now you're armed with the knowledge to navigate the wild west of Texas real estate inspections. Remember, transparency is key, and a little bit of disclosure can go a long way in making sure your home buying or selling experience is a smooth ride, not a bumpy stagecoach journey.

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nps.govhttps://nps.gov/state/tx/index.htm
texas.govhttps://statutes.capitol.texas.gov
texastribune.orghttps://www.texastribune.org
bizjournals.comhttps://www.bizjournals.com/sanantonio
weather.govhttps://www.weather.gov/fwd

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