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Texas Property Code DisclosuresSellers_disclosure_noticeHARD

Seller Park has owned an investment property for 3 years but has never lived in it. Tenants have reported occasional plumbing issues but Park has not personally verified the problems. On the Seller's Disclosure Notice, Park checks 'unknown' for plumbing condition. Is this appropriate?

Correct Answer

B) No, Park should check 'Yes' because tenants reported problems, which constitutes knowledge

When tenants have reported plumbing issues to the owner, those reports constitute knowledge that the seller should disclose. Park cannot claim 'unknown' when tenants have reported specific problems. The reports give Park constructive knowledge of the issues.

Answer Options
A
No, Park must investigate all tenant complaints before completing the disclosure
B
No, Park should check 'Yes' because tenants reported problems, which constitutes knowledge
C
Yes, because Park has not personally verified the plumbing issues and 'unknown' reflects Park's actual knowledge
D
Yes, because investment property owners are exempt from disclosure requirements

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Related Topics & Key Terms

Key Terms:

sellers_disclosureinvestment_propertytenant_reportsconstructive_knowledge

Related Concepts

Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.

A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

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