Texas Real Estate Sales Agent ExamTexas Real Estate LawEasy
A buyer's agent, representing a client interested in a residential property, discovers that the seller has not provided a Seller's Disclosure Notice. The property is a single-family home previously occupied by the seller. What is the agent's primary responsibility regarding this disclosure?
- ASuggest the buyer hire an independent inspector to uncover any potential defects.
- BAdvise the buyer to proceed without the disclosure, as it is often optional.
- CInform the buyer that the seller is required to provide the disclosure and request it from the listing agent.
- DDraft a disclosure notice on behalf of the seller to expedite the transaction.
Show answer & explanationAnswer & explanation
Correct answer: C. Inform the buyer that the seller is required to provide the disclosure and request it from the listing agent.
The Texas Property Code generally requires sellers of residential properties to provide a Seller's Disclosure Notice. The buyer's agent has a duty to inform their client of this right and ensure the disclosure is requested.
Why the other options are wrong
- A. While an inspection is always recommended, it does not replace the seller's legal obligation to provide a disclosure notice.
- B. Proceeding without the disclosure denies the buyer critical information and may violate the buyer's right to disclosure.
- D. Drafting a disclosure for the seller constitutes the unauthorized practice of law and is a conflict of interest.
Seller's Disclosure Notice (Texas)
A document required by the Texas Property Code for sellers of most residential properties to disclose known defects or conditions affecting the property.
- Required for most residential sales.
- Must be provided by the seller to the buyer.
- Buyer can terminate contract if not received timely.
Memory trick: Disclosure's Notice: Know before you close, what the seller knows.