CS78 said:
joerobert_pete06 said:
the disclosure box was left unchecked on the TREC
That's on the buyer and their agent.
Check out TREC OP-H item #9. This seems clear cut; if the seller does not disclosure that there are un-permitted structures on the property, they are essentially committing fraud which would make the contract null and void.
https://www.trec.texas.gov/sites/default/files/pdf-forms/OP-H_1.pdf"The purpose of the Seller's Disclosure is to make it clear what appliances, equipment, and features exist on the property; whether or not these items are working; if the seller knows of any defects or malfunctions in critical systems; if certain red-flag events like termite treatment, previous fires, or flooding have occurred; the need for repairs; and the existence of unpermitted additions, unpaid HOA fees, violations of deed restrictions, lawsuits, or conditions that "materially affect the health or safety of an individual." It should be "completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller." Prop. Code sec. 5.008(7)(d).
The Seller's Disclosure seeks to implement the core disclosure requirement in Texas, succinctly articulated in Myre v. Meletio, 307 S.W.3d 839, 843-44 (Tex. App.Dallas 2010, pet. denied): "In the context of a real estate transaction, a seller is under a duty to disclose material facts that would not be discoverable by the exercise of ordinary care and diligence by the purchaser, or that a reasonable investigation and inquiry would not uncover. But a seller has no duty to disclose facts he does not know. Similarly, a seller is not liable for failing to disclose what he only should have known." Actual knowledge is thus required. A careless and neglectful seller who has not thoroughly acquainted himself with the condition of property he is selling may be off the hookunless, of course, he encounters a skeptical jury that considers his conduct not just neglectful but dishonest."