Question 1

What is a 'material fact' that a Texas real estate agent is required to disclose?

Accepted Answer

A material fact is any information that would affect a reasonable person's decision to buy, sell, or lease a property, such as known defects, environmental hazards, or conditions that affect value or desirability.

Question 2

Under Texas law, is a seller required to disclose that a death occurred in a property?

Accepted Answer

No. Texas law does not require disclosure of a death that occurred on the property unless it was caused by a condition of the property that still exists, such as a structural defect.

Question 3

What Texas form must most sellers of residential property (1-4 units) complete to disclose the condition of the property?

Accepted Answer

Sellers must complete the Seller's Disclosure Notice (TREC OP-H), which requires disclosure of known defects, conditions, and material facts about the property.

Question 4

A seller's agent discovers a serious foundation issue the seller did not mention. What must the agent do?

Accepted Answer

The agent must disclose the known material defect to potential buyers, even if the seller has not authorized or directed the disclosure, because agents cannot misrepresent or conceal material facts.

Question 5

Which of the following properties is typically EXEMPT from the Texas Seller's Disclosure Notice requirement?

Accepted Answer

Properties transferred through foreclosure, probate/estate sales where the executor has never occupied the property, and newly constructed homes never occupied are among common exemptions.

Texas Real Estate Disclosures & Ethics

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