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In Texas, the seller's disclosure notice must be provided:

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Question & Answer

Review the question and all answer choices

A

At closing

Providing the disclosure at closing is far too late — by that point the buyer has already signed the contract, arranged financing, and completed inspections, leaving them with little practical ability to withdraw without significant financial consequence.

B

Before the contract is signed

Correct Answer
C

Within 5 days of contract execution

Waiting five days after contract execution still violates Texas Property Code §5.008, because the buyer would already be under contract and legally bound before receiving the disclosure, defeating the purpose of informed pre-contractual consent.

D

Only if the buyer requests it

The Seller's Disclosure Notice is not optional or buyer-request-dependent; it is a mandatory statutory obligation on the seller for most residential properties, regardless of whether the buyer asks for it.

Why is this correct?

Answer B is correct because Texas Property Code §5.008 explicitly requires that the Seller's Disclosure Notice be delivered to the buyer before the buyer signs the purchase contract, giving the buyer the opportunity to review material property condition information prior to making a binding commitment. If the notice is delivered after contract execution, the buyer has the right to terminate the contract within seven days of receiving it, which underscores how important the pre-signing timing is under Texas law.

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