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4/18/2011
Home Seller Not Liable


As a home seller, you do not have to disclose what you do not know.  How can you?  You can not be responsible for something you were not ever aware of.  On the other hand, you can be held responsible for things you do know except...

Except that even if you did not disclose a particular fact or defect or condition, if the buyer discovers the thing in question on their own, by an inspector or by some other means, then the seller's failure to disclose is "intervened" by the subsequent discovery of information.

Also, if the buyer is put on notice that the seller has made major repairs, remodeling, or spent tens of thousands of dollars on renovations, then the buyer is then in a position to inquire further if interested.  While the failure to inquire may not be a complete legal defense, it is certainly a factual one.

As a seller, never allow your realtor to advise you to leave something off of a Sellers' Disclosure Notice unless he/she also gives you that advice in writing. 





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4/13/2011
This Plaintiff received a phone call she HAD to answer... and did...
   
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Termites Mean Damage

4/21/2011
IF YOU HAVE TERMITE SWARMERS, YOU HAVE TERMITE DAMAGE!
All entries
5/19/2012 - What Standards Does a Home Inspector Use for the Roof?
5/16/2012 - Should I Hire an Engineer for My Foundation Inspection?
5/14/2012 - What standards does the "home" inspector use for foundations?
5/12/2012 - A Home Inspection is a Waste of Time and Money
5/10/2012 - What is HADD? What is What is: Homeowners Against Deficient Dwellings? What is HADD?
5/9/2012 - Do I Need a Current Survey?
5/7/2012 - Can I Read a Title Commitment Without a Survey? NO! NO! NO!
5/5/2012 - Do You Have to Read a Title Commitment?
5/3/2012 - What Do I Look For In a Title Commitment?
3/8/2012 - Key 4 To Buying a House in 2012: Get Questions Answered by the Home Sellers in Writing
3/7/2012 - Final Walk Through Before Closing
3/3/2012 - Hourly versus Contingent Fee Attorneys
3/2/2012 - Does My Contractor or Home Builder Have Insurance?
3/1/2012 - Why is The Realtor Calling? What's Up With That?
2/29/2012 - Questions about Home Sale in Indiana
2/22/2012 - What Really Happens When Buying a House
2/20/2012 - Can I Get Mental Anguish Damages in My DTPA Claim?
2/18/2012 - Key 3 - Keys to Buying a House in 2012
2/16/2012 - Don't Allow an Intermediary Relationship in Residential Real Estate
2/14/2012 - Don't Agree to an Intermediary Agency or Brokerage
2/12/2012 - USE AN ATTORNEY, NOT AN AGENT WHEN BUYING A HOUSE
2/4/2012 - DO YOU REALLY NEED A BUYER'S AGENT?
2/2/2012 - Key 2: Buying a House in 2012
1/12/2012 - Key 1 - Keys to Buying a House in 2012
1/11/2012 - Keys to Buying a Home in 2012
10/19/2011 - Can Filing a Lawsuit Affect Market Value? Too Much Expert, Not Enough Common Sense
10/7/2011 - Texas Real Estate Commission "TREC" Says No Intent to Make Earnest Money Contract an "AS IS" Contract
10/7/2011 - Step 5: AFTER A HURRICANE
10/7/2011 - Judge Graham Quisenberry Refuses to Try Rees Atkins and Piper Pardue on Real Estate Fraud
9/2/2011 - What To Do After a Hurricane Step 4B: What NOT to say to the Insurance Company
9/1/2011 - Step 4 After a Hurricane; Contact Your Agent
9/1/2011 - What to Do After a Hurricane: Step 4A: Record Your Contacts with the Insurance Company
8/9/2011 - After Taking Video and Photos, Protect Your Home and Property. Step 3 After a Hurricane
8/6/2011 - Dick Hargis: The Master of Sincerity
8/5/2011 - After a hurricane, What Do I send the Adjustor? Step 2 After a Hurricane
8/4/2011 - 1st Step After Hurricane - TAKE PICTURES & VIDEO!
8/2/2011 - What to Do After a Hurricane or Storm
8/1/2011 - Hurricane and Storm Policies Pay Your Legal Fees
7/20/2011 - Do I Need a New Survey?
5/24/2011 - True Trial Stories: We Can't Speak French During Voir Dire
5/23/2011 - Stopping Foreclosure
5/23/2011 - True Trial Story: The Witness Just Left...No Direct, No Questions, Just Left the Courtroom
5/19/2011 - Septic System Advice for Home Buyers
5/17/2011 - True Trial Stories: You Can Take Off Your Sunglasses Now...
5/17/2011 - Septic Systems Have to Be Checked
5/3/2011 - We Built You a House, Now You F#@$%#@ Like It!
5/3/2011 - True Trial Stories: The Sleeping Defendant
4/21/2011 - Termites Mean Damage
4/18/2011 - Home Seller Not Liable
4/18/2011 - True Trial Story: Sentenced to Jail in the Middle of Trial
4/13/2011 - True Trial Story: Some Phone Calls HAVE to be answered...
4/8/2011 - True Trial Story: Don't Wake the Judge
4/6/2011 - Termite Swarmers
4/4/2011 - Home Buyer Tip of the Week: Talk to the Seller Yourself
4/1/2011 - Realtors Set to Vote to Set Realtors Free from the DTPA
3/30/2011 - Texas Legislature Gives Realtors a "Get out of Jail Free" Card
2/18/2011 - Lennar Homes Backs Out of Settlement
2/17/2011 - Lennar Homes Refuses to Honor Settlement
1/14/2011 - Real Estate Fraud Story: The Report They Forgot to Destroy
1/12/2011 - DID THE HOMEOWNER DO SOMETHING WRONG?
10/20/2010 - Rusty Jenney IS the BEST Termite Inspector in Texas
10/13/2010 - Don't Rely on a Real Estate Agent
10/12/2010 - Builders Rely on Their Lawyers to Cover the Truth
10/11/2010 - Utilice la ley. Está aquí para usted.
6/17/2010 - Homebuilders Hate Juries
3/1/2010 - Real Estate Fraud in Texas
2/17/2010 - Make Your Realtor Get the Answer in Writing
2/15/2010 - Ask for Previous Disclosures
2/12/2010 - Why Do Realtors Lie?
2/11/2010 - Septic System Disclosures
10/8/2009 - Why Realtors Like Home Inspectors
9/16/2009 - Termite Inspection is a Waste of Time
9/14/2009 - END CONSUMER ARBITRATION NOW! Reason No. 1
9/12/2009 - Judge Randy Wilson Protects World's Largest Relocation Company
9/11/2009 - Texas Real Estate Commission is There to Help Realtors, Not Consumers
5/14/2009 - Keeping the TRCC Alive - And Killing Homeowner's Hopes of Quality Building
3/23/2009 - House Has Unpermitted Repairs that are Causing Mold
3/20/2009 - Homeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud
3/3/2009 - So Your Client Wants a Bigger House...
2/25/2009 - Disclose Everything!
2/23/2009 - What If I Can't Attend the Inspections?
2/21/2009 - JUDGE RANDY WILSON KNOWS BETTER THAN JURY
2/18/2009 - How Long Can the TRCC Take?
2/17/2009 - All Used Home Sales in Texas are "AS IS"
1/28/2009 - CARTUS FINANCIAL COMMITS FRAUD ON HOMEOWNERS
1/16/2009 - END CONSUMER ARBITRATION
1/16/2009 - END CONSUMER ARBITRATION II
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, Does That Mean They are the Bestare Good
6/5/2007 - Is ReMax Really Behind Your Agent?
Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
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