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AN ACT
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relating to disclosure by a home seller of previous use of the home |
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for manufacture of methamphetamine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.008(b), Property Code, is amended to |
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read as follows: |
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(b) The notice must be executed and must, at a minimum, read |
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substantially similar to the following: |
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SELLER'S DISCLOSURE NOTICE |
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CONCERNING THE PROPERTY AT___________________________________ |
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(Street Address and City) |
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THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF |
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THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY |
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SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR |
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WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT |
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A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. |
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Seller __ is __ is not occupying the Property. |
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If unoccupied, how long since Seller has occupied the Property? |
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________________________________________________________________ |
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1. The Property has the items checked below: |
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Write Yes (Y), No (N), or Unknown (U). |
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| __ Range |
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__ Oven |
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__ Microwave |
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| __ Dishwasher |
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__ Trash Compactor |
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__ Disposal |
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| __ Washer/Dryer |
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__ Window |
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__ Rain Gutters |
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| __ Security |
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__ Fire Detection |
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__ Intercom |
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| __ TV Antenna |
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__ Cable TV |
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__ Satellite |
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| __ Ceiling Fan(s) |
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__ Attic Fan(s) |
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__ Exhaust |
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| __ Central A/C |
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__ Central Heating |
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__ Wall/Window |
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| __ Plumbing System |
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__ Septic System |
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__ Public Sewer |
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| __ Patio/Decking |
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__ Outdoor Grill |
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__ Fences |
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| __ Pool Equipment |
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__ Pool Heater |
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__ Automatic Lawn |
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| __ Fireplace(s) & |
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__ Fireplace(s) & |
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| __ Gas Lines |
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__ Gas Fixtures |
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| Garage: __ Attached |
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__ Not Attached |
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__ Carport |
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| Garage Door Opener(s): |
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__ Electronic |
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__ Control(s) |
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| Water Heater: |
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__ Gas |
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__ Electric |
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| Water Supply: __ City |
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__ Well __ MUD |
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__ Co-op |
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Roof Type: ________________________________Age: _____(approx) |
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Are you (Seller) aware of any of the above items that are not in |
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working condition, that have known defects, or that are in need of |
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repair? __ Yes __ No __ Unknown. |
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If yes, then describe. (Attach additional sheets if necessary): |
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________________________________________________________________ |
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________________________________________________________________ |
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2. Are you (Seller) aware of any known defect/malfunctions in any |
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of the following? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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__ Interior Walls |
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__ Ceilings |
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__ Floors |
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__ Exterior Walls |
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__ Doors |
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__ Windows |
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__ Roof |
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__ Foundation/ |
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__ Basement |
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__ Walls/Fences |
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__ Driveways |
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__ Sidewalks |
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__ Plumbing/Sewers/ |
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__ Electrical |
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__ Lighting |
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__ Other Structural Components (Describe):____________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. Are you (Seller) aware of any of the following conditions? |
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Write Yes (Y) if you are aware, write No (N) if you are not aware. |
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| __ Active Termites |
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__ Previous Structural |
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| __ Termite or Wood Rot |
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__ Hazardous or Toxic Waste |
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| __ Previous Termite Damage |
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__ Asbestos Components |
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| __ Previous Termite |
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__ Urea formaldehyde |
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| __ Previous Flooding |
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__ Radon Gas |
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| __ Improper Drainage |
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__ Lead Based Paint |
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| __ Water Penetration |
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__ Aluminum Wiring |
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| __ Located in 100-Year |
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__ Previous Fires |
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| __ Present Flood Insurance |
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__ Unplatted Easements |
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| __ Landfill, Settling, Soil |
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__ Subsurface |
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| Movement, Fault Lines |
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Structure or Pits |
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__ Previous Use of Premises for |
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Manufacture of Methamphetamine |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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4. Are you (Seller) aware of any item, equipment, or system in or |
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on the property that is in need of repair? __ Yes (if you are |
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aware) __ No (if you are not aware). If yes, explain (attach |
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additional sheets as necessary)._________________________________ |
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5. Are you (Seller) aware of any of the following? |
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Write Yes (Y) if you aware, write No (N) if you are not aware. |
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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. |
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Homeowners' Association or maintenance fees or assessments. |
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Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others. |
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Any notices of violations of deed restrictions of governmental ordinances affecting the condition or use of the Property. |
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Any lawsuits directly or indirectly affecting the Property. |
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Any condition on the Property which materially affects the physical health or safety of an individual. |
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If the answer to any of the above is yes, explain. (Attach |
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additional sheets if necessary):_____________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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_______________________________________________________ |
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Date Signature of Seller |
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The undersigned purchaser hereby acknowledges receipt of the |
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foregoing notice. |
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_______________________________________________________ |
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Date Signature of Purchaser |
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SECTION 2. This Act applies only to a notice executed on or |
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after the effective date of this Act. A notice executed before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect January 1, 2008. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 271 was passed by the House on March |
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28, 2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 271 was passed by the Senate on May |
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18, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |