A listing agent in Texas discovers through public records that a property they are listing was previously used as a dry cleaning facility, which may have used tetrachloroethylene (perc), a known environmental contaminant. The seller did not mention this. The listing agent should:
Correct Answer
C) Inform the seller about the discovery and advise the seller to disclose the previous use and consider an environmental assessment
The listing agent has a duty to inform the seller about the discovered environmental concern and advise proper disclosure. The agent should recommend the seller consider an environmental assessment to determine if contamination exists.
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Related Concepts
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.
More Texas Property Code Disclosures Questions
In Texas, when a property subject to an HOA is sold, the seller must ensure that all of the following are current EXCEPT:
Under the Texas Seller's Disclosure Notice, a seller must disclose whether the property is subject to:
In Texas, what does the term 'executive rights' mean in the context of mineral ownership?
A surface owner in Texas experiences property damage from drilling operations conducted by the mineral lessee. Under Texas law, the surface owner may:
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?
- → 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?
- → Under Texas law, the Seller's Disclosure Notice protects the seller from liability in all of the following situations EXCEPT:
- → 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:
- → Under Texas Property Code, a property owners' association is prohibited from doing all of the following EXCEPT:
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