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11/28/2007
Does Seller Have To Disclose Old Defects & Conditions?


If the defect or condition in the house is more than five years old, does the seller have to disclose it?  YES!!!!  Just because a defect is "old" or happened more than five, ten or fifteen years ago does not excuse the Seller from answering "YES" on the Seller's Disclosure Notice. 

The Seller's Disclosure Notice is required by the Texas Property Code, Section 5.008.  It does not mention anywhere that the condition or defect, say "Water Penetration", is only disclosed if it occurred during any time period.  There is a reason for this and that is because even latent or dormant conditions or defects can reappear and because as a buyer, you deserve to know everything you can about a house. 

So there is no Statute of Limitations on disclosing defects and conditions on a Sellers' Disclosure Notice. 





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When Real Estate Disclosures NOT Required

11/21/2007
Real Estate Disclosures NOT Required if Seller NEVER lived in House, UNLESS...
   
Next Entry
IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?

12/5/2007
If a Seller repairs or rectifies a defect or condition in the house, does he/she have to disclose it?
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Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
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