In Texas, what must a seller disclose when selling existing land and buildings?

In Texas, when selling existing land and buildings, a seller is legally required to disclose serious defects known to them. This obligation is established under Texas property disclosure laws, which outline the necessity for sellers to provide buyers with information about material defects that could significantly affect the value or desirability of the property.

The rationale behind requiring disclosure of serious defects is to protect buyers from unexpected costs and to promote transparency in real estate transactions. Sellers must disclose any known issues that could impact the buyer's decision, such as structural problems, environmental hazards, or legal encumbrances that are significant.

While sellers are not required to disclose obvious defects that would be apparent upon a reasonable inspection (like peeling paint or a worn roof), they are obligated to share any serious defects that they are aware of. This approach aims to balance the interests of both parties in the sale process while ensuring that buyers make informed decisions.

The requirement does not extend to all defects regardless of the seller's knowledge, meaning that if a defect is not known to the seller, they are not liable for disclosing it. Additionally, there is indeed an obligation to disclose, as opposed to having no obligation, which would not align with the legal standards set to protect buyers.