 Dear George: Do I need to disclose that a murder occurred in my home? The TREC seller's disclosure form doesn't have a category for disclosing this, but the TAR form does. Can I use the TREC form to avoid having to disclose it? Have agents and sellers been held liable for failing to disclose this? It was a brutal, well-publicized murder.
Answer: If you bought the house and found out about this event—neighbors are a likely source of the news after you buy—wouldn't you have wanted to know? Wouldn't you be angry with the sellers for having hidden that information from you? Texas laws specifically exempt an owner and the owner's agent from having to disclose a death having occurred by natural causes, suicide, or accident unrelated to the condition of the property. Section 5.008(b) of the Texas Property Code states that the disclosure text "must, at a minimum, read substantially similar to the following ... ." It goes on to cite the Texas Real Estate Commission Seller's Disclosure of Property Condition. However, the statute is silent regarding murder. The Texas Association of REALTORS® Seller's Disclosure Notice contains wording that is substantially similar to the TREC form. However, the TAR form adds a number of items that the association's legal counsel believes a prudent consumer would want to know.
So, although the Texas Property Code does not require that a seller disclosure the murder and the TREC form does not specify that the seller disclosure the murder, by not disclosing the murder on the TREC form the seller runs the risk of being sued by a buyer. And not disclosing the murder on the TAR form would be a misrepresentation or concealment of a material fact regarding the property.
Sellers have been held liable for failing to disclose a murder about which they had knowledge. The agent, however, can only be held liable if he knew about the murder. Regardless of the disclosure requirements, jury trials have in the past held sellers responsible for failing to disclose a murder that occurred on a property because the buyer simply states that had he known the murder occurred on this property, he never would have bought it.
The bottom line is if you as a seller know the murder occurred, disclose it and make sure that it is in writing. It may not prevent a lawsuit from happening if the buyer decides it is a problem after he purchases the property, but at least you have the defensible position that you disclosed it and the buyer bought the property anyway.
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Dear George: We and 18 other people own 2,300 acres. Can portions of this land be used by individuals to the exclusion of others even if a majority votes to let this happen? It seems to me that this is a violation of my property rights as an owner. Specifically, can an area be cleared and a hunting blind erected that is exclusively used by one owner?
Answer: Usually, the majority controls when there is a tenancy in common use of a property. If the group wants to lease a portion of it to one member, it can be done. The proceeds of the income would have to be shared proportionately. If the arrangement becomes too unwieldy, the only remedy is to partition the property.
Dear George: If I sell my house or my wife gets it in my will when I die, can a judgment be bonded around or bypassed if our property is a homestead? I have asked multiple attorneys and have received multiple answers. The judgement is from a lumber yard in 1991.
Answer: Judgment liens do not attach to homestead property. If the creditor knows it is a homestead, the creditor refuses to release it, and it blows a sale, the creditor will be liable for damages. If there is no pending sale, though, there is no damage. It's important to maintain the homestead status of the property at all times.
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