Chapter 1
Property Rights and Interests
Course: Texas Real Estate Exam Prep
Subject: Texas State Salesperson Exam Prep
Chapter: Property Disclosures And Inspections Of Texas Real Estate Salesperson Exam Prep
Texas Property Code §5.008
Requirement: Seller of 1-4 family residential property must provide written disclosure notice to buyer
When Required:
- Sale of existing 1-4 family residence
- Residential condominium units
- Townhomes
Exceptions (Disclosure NOT Required):
- New construction (never occupied)
- Foreclosure sales
- Sales by court order (divorce, probate)
- Sales by trustee in bankruptcy
- Transfer to spouse or family member
- Transfer by gift
- Transfer to co-owner
Content of Disclosure
TREC Seller's Disclosure Form (Mandatory)
Categories of Disclosure:
- Condition of Property:
- Foundation issues
- Roof leaks or damage
- Plumbing problems
- Electrical issues
- HVAC condition
- Prior repairs
- Past and Present Issues:
- Previous structural damage
- Previous fire damage
- Previous water damage
- Flooding history
- Termite or pest damage