When purchasing real estate, buyers are not only making a financial investment but also entering into a significant legal transaction. For this reason, buyers ought to do their due diligence to fulfill their obligations and ensure a successful transaction.
Sellers have specific obligations under Texas law to help ensure a fair and transparent process. Understanding these obligations can help empower buyers to make informed decisions and protect their rights.
Full disclosure of material defects
One of the most important obligations for Texas sellers is to communicate any material defects in the real estate property. Sellers can fulfill this obligation by completing a seller’s disclosure notice that details any known issues with the property. This document may include details about:
- Structural problems, such as foundation damage
- Plumbing, electrical or HVAC system issues
- Past flooding or water damage
- Termite infestations or other pest problems
Buyers should carefully review the disclosure notice and ask questions about any unclear or concerning points. If, for example, a buyer discovers undisclosed defects after purchasing a real estate property, they can take legal action against the seller.
Adherence to contract terms
Once a buyer and seller enter into a purchase agreement, the seller is legally bound to uphold the terms outlined in the contract. The contract can include terms and conditions like:
- Meeting agreed-upon timelines, such as the closing date
- Completing promised repairs or updates before the sale finalizes
- Allowing property inspections or appraisals as per the agreement
Buyers should make sure the contract clearly outlines expectations to avoid misunderstandings. Buyers have legal recourse options if they realize that a seller breached one or more contract terms and conditions.
Provision of a clear title
Another critical obligation of the seller is to prepare a clear and marketable title for the real estate property. This means the property must be free of:
- Liens
- Legal disputes
- Encumbrances that could affect ownership
Common title issues that buyers should be aware of include:
- Outstanding mortgages or taxes
- Disputes over property boundaries
- Claims from heirs or previous owners
Sellers should work with a title company to sort out any title issues before closing. Buyers have the option to acquire title insurance to shield themselves against unforeseen issues that might arise after the sale.
Knowledge is power in real estate, and understanding seller obligations puts buyers in a strong position to make well-informed decisions. Buyers who encounter sellers who forfeit their obligations may benefit from legal guidance when pursuing legal recourse.
