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10/23/2008
Disclose Everything!


When you are considering selling your house and your reach that inevitable struggle with the Sellers' Disclosure Notice required by Texas law, just remember this: 

          YOU CAN NEVER DISCLOSE TOO MUCH!!!!!!!!!!!

The Texas Property Code requires you to disclose certain specific things about your house.  When you sit down to fill that form out, if you even question whether you should or shouldn't write something down, you probably should. 

The whole reason my practice continues is because people want to take shortcuts and sell the house without full disclosure.  Sometimes, the realtors intervene and advise clients that the issue does not have to be disclosed.  (If that happens to you, have the realtor put that down in writing to you and if they won't, you should get a new realtor...)

You can never be sued because you disclosed too much. But you will get sued if you don't disclose enough and it is or becomes a problem. 

So the rule of thumb to follow is this: 

      DISCLOSE AND EXPLAIN

It may slow down your sales activity, and it may change the value of the house, but in reality, if the problem is dramatic or economically substantial, you are going to have to pay the piper later on anyway. 

Full and truthful disclosure is an absolute defense to any future claims. 





Previous Entry
What is a Mediation?

10/3/2008
A brief explanation of how a mediation works.
   
Next Entry
Do Builder Repairs Have to Be Disclosed?

10/25/2008
After a builder repairs a construction defect in my home, do I have to disclose it? The builder says I don't.
All entries
12/12/2008 - KB HOMES DESTROYED EVIDENCE OF MOLD
10/25/2008 - Do Builder Repairs Have to Be Disclosed?
10/23/2008 - Disclose Everything!
10/3/2008 - What is a Mediation?
10/1/2008 - How To Get an Honest Appraisal
9/25/2008 - Mortgage Fraud
4/16/2008 - What To Expect in a Deposition
2/27/2008 - Subdivision Drainage
2/20/2008 - Why Termite Inspectors Can't Find Termites
1/23/2008 - Why a Home Inspection is Not What You Think it Is
1/17/2008 - Trusting Your Home Inspector
1/16/2008 - Home Inpectors Respond to My Criticism
1/16/2008 - How To Pick a Home Inspector
1/4/2008 - Beware of Home Inspectors
12/26/2007 - Intermediary Agent Scam
12/19/2007 - What is an Intermediary Agent?
12/12/2007 - Ask Your Neighbor
12/5/2007 - IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?
11/28/2007 - Does Seller Have To Disclose Old Defects & Conditions?
11/21/2007 - When Real Estate Disclosures NOT Required
10/29/2007 - The TRCC aka "The Builders Defense Program"
10/22/2007 - The Texas Residential Construction Commission
9/26/2007 - House Foundation Settlement
9/19/2007 - Homeowners for Better Building (HOBB) is another national organization to assist you when you have a new home construction defect.
9/18/2007 - Builder Fails to Attend SIRP Inspection
9/13/2007 - Homeowners Against Deficient Dwellings (HADD) is a Resource When your New Home Has a Construction Defect
9/2/2007 - Water damage and termites in our homes.
8/22/2007 - Construction Defects and Water Damage
8/19/2007 - The Importance of Keeping Good Records When Things Don't Go Right
8/16/2007 - Construction Defects and the Mortgage Subprime Market Hurts All of Us
8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
8/13/2007 - Free Speech
7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest Not Because They are Good
6/5/2007 - Is ReMax Really Behind Your Agent?
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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