Seller Chen provides the Seller's Disclosure Notice but intentionally omits a known foundation crack. After closing, the buyer discovers the crack and sues Chen. Under Texas law, what type of claim can the buyer assert?
Correct Answer
D) Fraudulent concealment or misrepresentation, which may include actual and punitive damages
Intentionally concealing a known defect on the Seller's Disclosure Notice constitutes fraudulent concealment or misrepresentation. The buyer may seek actual damages, and in some cases, punitive damages for the intentional fraud.
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Related Concepts
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More Texas Property Code Disclosures Questions
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Under the Texas Seller's Disclosure Notice, a seller must disclose whether the property is subject to:
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A surface owner in Texas experiences property damage from drilling operations conducted by the mineral lessee. Under Texas law, the surface owner may:
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- → The Texas Seller's Disclosure Notice requires disclosure of all of the following items EXCEPT:
- → Under Texas Property Code §5.008, all of the following sellers must provide a Seller's Disclosure Notice EXCEPT:
- → Under Texas Property Code §5.008, which of the following items is NOT required to be disclosed on the Seller's Disclosure Notice?
- → Seller Quinn knows that the property experienced flooding during a major storm 8 years ago. The damage was repaired, and Quinn believes the problem was resolved. On the Seller's Disclosure Notice, Quinn checks 'No' for 'Previous flooding.' Under Texas law, has Quinn made a misrepresentation?
- → Seller Harris provides the Seller's Disclosure Notice indicating 'No' for previous water damage. The buyer's inspector finds evidence of previous water stains on the ceiling that were painted over. The seller claims the stains were from a minor incident they forgot about. Under Texas law, what is the likely outcome?
- → Seller Adams is a builder selling a newly constructed home. Under Texas Property Code §5.008, must Adams provide a Seller's Disclosure Notice for the new construction?
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- → A Texas seller is completing the Seller’s Disclosure Notice after the property had prior structural repairs and termite treatment. Which condition must be addressed on the notice?
- → Under Texas Property Code §5.008, the Seller's Disclosure Notice must be completed by:
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