Short sales and sellers' disclosures
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: Does a short sale require a seller's disclosure
Answer: Yes. Such a disclosure must be filled out by the seller.
Dear George: My wife and I bought a home less than a year ago. We recently noticed tile bowing and cracks appearing on the ceiling where an addition joins the original house. Further inspection revealed water-damaged wood and drywall, all of which was hidden by fresh paint when we bought the home. Is the seller or the home inspector liable for this apparent coverup?
Answer: The seller should've given you a Seller's Disclosure Notice when you purchased the property. If he falsified information or neglected to include anything on that notice, he might be liable. However, the seller may have hired someone to do the work and didn't know that there was a problem with the result. It's unlikely that the inspector is liable: He can only check what he can see. Start by getting bids for repairs. It may be cheaper and easier to fix the problem than hiring a lawyer.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
