An agent is representing a seller who inherited a property and has never occupied it. The property is a single-family home. Regarding the Seller's Disclosure Notice, what is the seller's obligation?
- AThe seller must complete the notice to the best of their current knowledge, even if limited.
- BThe agent must complete the notice on behalf of the seller, based on their inspection.
- CThe seller can simply state 'unknown' for all sections of the notice.
- DThe seller is exempt from providing the notice because they have never occupied the property.
Show answer & explanationAnswer & explanation
Correct answer: A. The seller must complete the notice to the best of their current knowledge, even if limited.
Texas Property Code §5.008 generally requires sellers of single-family homes to provide a disclosure notice. While certain sellers (like executors or trustees) are exempt, an heir who has inherited and is now selling, but never occupied, is still required to complete the form to the best of their knowledge, even if that knowledge is limited. They are not exempt solely due to non-occupancy.
Why the other options are wrong
- B. An agent cannot complete the Seller's Disclosure Notice for the seller, as it's the seller's representation of facts.
- C. While 'unknown' can be used for items truly unknown, simply marking all 'unknown' without attempting to disclose any known facts is not fulfilling the spirit or intent of the disclosure law.
- D. Non-occupancy by an heir is not an automatic exemption under Texas Property Code §5.008. Exemptions are for specific roles (e.g., executors, foreclosures).
Seller's Disclosure for Non-Occupant Heir
An heir selling an inherited, unoccupied single-family home in Texas is generally NOT exempt from providing a Seller's Disclosure Notice and must complete it to the best of their current knowledge.
- Exemptions are specific (e.g., executors, foreclosures), not just non-occupancy.
- Seller must disclose all known material facts.
- Can mark 'unknown' if truly no knowledge exists.
- Agent cannot complete the notice for the seller.
Memory trick: Exemptions are few, knowledge is due.