Sec. 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION

1. (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.

2. (b) The notice must be executed and must, at a minimum, read substantially similar to the following:

   (Street Address and City)

   THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

   Seller __ is __ is not occupying the Property.

   If unoccupied, how long since Seller has occupied the Property?

   ________________________________________________________________

   1. The Property has the items checked below:

   Write Yes (Y), No (N), or Unknown (U).

   Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair? __ Yes __ No __ Unknown.

   If yes, then describe. (Attach additional sheets if necessary):

   ________________________________________________________________

   ________________________________________________________________

   2. Are you (Seller) aware of any known defects/malfunctions in any of the following?

   Write Yes (Y) if you are aware, write No (N) if you are not aware.

   ________________________________________________________________

   ________________________________________________________________

   ________________________________________________________________

   ________________________________________________________________

   3. Are you (Seller) aware of any of the following conditions?

   Write Yes (Y) if you are aware, write No (N) if you are not aware.

   ________________________________________________________________

   ________________________________________________________________

   5. Are you (Seller) aware of any of the following?

   Write Yes (Y) if you are aware, write No (N) if you are not aware.

   ________________________________________________________________

   ________________________________________________________________

   Date Signature of Seller

   The undersigned purchaser hereby acknowledges receipt of the foregoing notice.

   Date Signature of Purchaser

3. (c) A seller or seller's agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.
4. (d) The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller. If the information required by the notice is unknown to the seller, the seller shall indicate that fact on the notice, and by that act is in compliance with this section.

5. (e) This section does not apply to a transfer:

   1. (1) pursuant to a court order or foreclosure sale;
   2. (2) by a trustee in bankruptcy;
   3. (3) to a mortgagee by a mortgagor or successor in interest, or to a beneficiary of a deed of trust by a trustor or successor in interest;
   4. (4) by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure;
   5. (5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
   6. (6) from one co-owner to one or more other co-owners;
   7. (7) made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors;
   8. (8) between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;
   9. (9) to or from any governmental entity;
   10. (10) of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes; or
   11. (11) of real property where the value of any dwelling does not exceed five percent of the value of the property.
6. (f) The notice shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property. If a contract is entered without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice.

Added by Acts 1993, 73rd Leg., ch. 356, Sec. 1, eff. Jan. 1, 1994.

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 17.001, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.001, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 578 (H.B. 3389), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 5, eff. September 1, 2011.

Acts 2019, 86th Leg., R.S., Ch. 1337 (S.B. 339), Sec. 1, eff. September 1, 2019.