| |
| |
| |
|
|
AN ACT
|
|
|
relating to acknowledgements required of a purchaser of residential |
|
|
real property in connection with the receipt of a seller's |
|
|
disclosure notice regarding the property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 5.008(b), Property Code, as amended by |
|
|
Chapters 448 (H.B. 271), 1051 (H.B. 2118), and 1256 (H.B. 2819), |
|
|
Acts of the 80th Legislature, Regular Session, 2007, is reenacted |
|
|
and amended to read as follows: |
|
|
(b) The notice must be executed and must, at a minimum, read |
|
|
substantially similar to the following: |
|
|
SELLER'S DISCLOSURE NOTICE |
|
|
CONCERNING THE PROPERTY AT___________________________________ |
|
|
(Street Address and City) |
| |
|
|
THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE |
|
|
OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED |
|
|
BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS |
|
|
OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS |
|
|
NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S |
|
|
AGENTS. |
|
|
Seller __ is __ is not occupying the Property. |
|
|
If unoccupied, how long since Seller has occupied the Property? |
|
|
________________________________________________________________ |
|
|
1. The Property has the items checked below: |
|
|
Write Yes (Y), No (N), or Unknown (U). |
|
|
| __ Range |
|
__ Oven |
|
__ Microwave |
|
|
|
| __ Dishwasher |
|
__ Trash Compactor |
|
__ Disposal |
|
|
|
| __ Washer/Dryer |
|
__ Window |
|
__ Rain Gutters |
|
|
|
|
|
|
| __ Security |
|
__ Fire Detection |
|
__ Intercom |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| __ TV Antenna |
|
__ Cable TV |
|
__ Satellite |
|
|
|
|
|
|
| __ Ceiling Fan(s) |
|
__ Attic Fan(s) |
|
__ Exhaust |
|
|
|
|
|
|
| __ Central A/C |
|
__ Central Heating |
|
__ Wall/Window |
|
|
|
|
|
|
|
|
|
| __ Plumbing System |
|
__ Septic System |
|
__ Public Sewer |
|
|
|
|
|
|
| __ Patio/Decking |
|
__ Outdoor Grill |
|
__ Fences |
|
|
|
|
|
|
|
|
|
| __ Pool Equipment |
|
__ Pool Heater |
|
__ Automatic Lawn |
|
|
|
|
|
|
|
|
|
| __ Fireplace(s) & |
|
|
|
__ Fireplace(s) & |
|
|
|
|
|
|
|
|
|
| __ Gas Lines |
|
|
|
__ Gas Fixtures |
|
|
|
|
|
|
| Garage: __ Attached |
|
__ Not Attached |
|
__ Carport |
|
|
|
| Garage Door Opener(s): |
|
__ Electronic |
|
__ Control(s) |
|
|
|
| Water Heater: |
|
__ Gas |
|
__ Electric |
|
|
|
| Water Supply: __ City |
|
__ Well __ MUD |
|
__ Co-op |
|
|
|
Roof Type: ________________________________Age: _____(approx) |
|
|
Are you (Seller) aware of any of the above items that are not in |
|
|
working condition, that have known defects, or that are in need of |
|
|
repair? __ Yes __ No __ Unknown. |
|
|
If yes, then describe. (Attach additional sheets if necessary): |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
2. Does the property have working smoke detectors installed in |
|
|
accordance with the smoke detector requirements of Chapter 766, |
|
|
Health and Safety Code?* __Yes __No __Unknown. |
|
|
If the answer to the question above is no or unknown, explain. |
|
|
(Attach additional sheets if necessary): _________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
*Chapter 766 of the Health and Safety Code requires |
|
|
one-family or two-family dwellings to have working smoke detectors |
|
|
installed in accordance with the requirements of the building code |
|
|
in effect in the area in which the dwelling is located, including |
|
|
performance, location, and power source requirements. If you do |
|
|
not know the building code requirements in effect in your area, you |
|
|
may check unknown above or contact your local building official for |
|
|
more information. A buyer may require a seller to install smoke |
|
|
detectors for the hearing impaired if: (1) the buyer or a member of |
|
|
the buyer's family who will reside in the dwelling is hearing |
|
|
impaired; (2) the buyer gives the seller written evidence of the |
|
|
hearing impairment from a licensed physician; and (3) within 10 |
|
|
days after the effective date, the buyer makes a written request for |
|
|
the seller to install smoke detectors for the hearing impaired and |
|
|
specifies the locations for installation. The parties may agree who |
|
|
will bear the cost of installing the smoke detectors and which brand |
|
|
of smoke detectors to install. |
|
|
3. Are you (Seller) aware of any known defects/malfunctions in any |
|
|
of the following? |
|
|
Write Yes (Y) if you are aware, write No (N) if you are not aware. |
|
|
|
__ Interior Walls |
|
__ Ceilings |
|
__ Floors |
|
|
|
|
__ Exterior Walls |
|
__ Doors |
|
__ Windows |
|
|
|
|
__ Roof |
|
__ Foundation/ |
|
__ Basement |
|
|
|
|
|
|
|
__ Walls/Fences |
|
__ Driveways |
|
__ Sidewalks |
|
|
|
|
__ Plumbing/Sewers/ |
|
__ Electrical |
|
__ Lighting |
|
|
|
|
|
|
__ Other Structural Components (Describe):____________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
If the answer to any of the above is yes, explain. (Attach |
|
|
additional sheets if necessary):_____________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
4. Are you (Seller) aware of any of the following conditions? |
|
|
Write Yes (Y) if you are aware, write No (N) if you are not aware. |
|
|
| __ Active Termites |
|
__ Previous Structural |
|
|
|
|
|
|
|
|
|
| __ Termite or Wood Rot Damage |
|
__ Hazardous or Toxic Waste |
|
|
|
|
|
|
| __ Previous Termite Damage |
|
__ Asbestos Components |
|
|
|
| __ Previous Termite |
|
__ Urea formaldehyde |
|
|
|
|
|
|
| __ Previous Flooding |
|
__ Radon Gas |
|
|
|
| __ Improper Drainage |
|
__ Lead Based Paint |
|
|
|
| __ Water Penetration |
|
__ Aluminum Wiring |
|
|
|
| __ Located in 100-Year |
|
__ Previous Fires |
|
|
|
|
|
|
| __ Present Flood Insurance |
|
__ Unplatted Easements |
|
|
|
|
|
|
| __ Landfill, Settling, Soil |
|
__ Subsurface |
|
|
|
| Movement, Fault Lines |
|
Structure or Pits |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
If the answer to any of the above is yes, explain. (Attach |
|
|
additional sheets if necessary):_____________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
5. Are you (Seller) aware of any item, equipment, or system in or |
|
|
on the property that is in need of repair? __ Yes (if you are |
|
|
aware) __ No (if you are not aware). If yes, explain (attach |
|
|
additional sheets as necessary)._________________________________ |
|
|
6. Are you (Seller) aware of any of the following? |
|
|
Write Yes (Y) if you aware, write No (N) if you are not aware. |
|
|
| __ |
Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time. |
|
|
|
| __ |
Homeowners' Association or maintenance fees or assessments. |
|
|
|
| __ |
Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. |
|
|
|
| __ |
Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property. |
|
|
|
| __ |
Any lawsuits directly or indirectly affecting the Property. |
|
|
|
| __ |
Any condition on the Property which materially affects the physical health or safety of an individual. |
|
|
|
If the answer to any of the above is yes, explain. (Attach |
|
|
additional sheets if necessary):_____________________________ |
|
|
________________________________________________________________ |
|
|
________________________________________________________________ |
|
|
7 [6]. If the property is located in a coastal area that is seaward |
|
|
of the Gulf Intracoastal Waterway or within 1,000 feet of the mean |
|
|
high tide bordering the Gulf of Mexico, the property may be subject |
|
|
to the Open Beaches Act or the Dune Protection Act (Chapter 61 or |
|
|
63, Natural Resources Code, respectively) and a beachfront |
|
|
construction certificate or dune protection permit may be required |
|
|
for repairs or improvements. Contact the local government with |
|
|
ordinance authority over construction adjacent to public beaches |
|
|
for more information. |
|
|
_______________________________________________________ |
|
|
Date Signature of Seller |
|
|
The undersigned purchaser hereby acknowledges receipt of the |
|
|
foregoing notice [and acknowledges the property complies with the
|
|
|
smoke detector requirements of Chapter 766, Health and Safety Code,
|
|
|
or, if the property does not comply with the smoke detector
|
|
|
requirements of Chapter 766, the buyer waives the buyer's rights to
|
|
|
have smoke detectors installed in compliance with Chapter 766]. |
|
|
_______________________________________________________ |
|
|
Date Signature of Purchaser |
|
|
SECTION 2. The change in law made by this Act to Section |
|
|
5.008, Property Code, applies only to a notice executed on or after |
|
|
the effective date of this Act. A notice executed before the |
|
|
effective date of this Act is governed by the law in effect |
|
|
immediately before that date, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 3. This Act takes effect January 1, 2010. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3502 was passed by the House on May 6, |
|
|
2009, by the following vote: Yeas 145, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 3502 on May 29, 2009, by the following vote: Yeas 143, Nays 2, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 3502 was passed by the Senate, with |
|
|
amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |