Did You Know

No Signature Required: Seller's Disclosure Notice

derrickr@developlegacy.com (Derrick Ryskamp) — Fri, 13 Nov 2020 19:58:14 +0000

Your sellers may be required by law to fill out a seller's disclosure, but buyers are not required to sign the disclosure. Even though the Texas REALTORS\u00ae Seller's disclosure notice (TXR 1406) and the TREC Seller's Disclosure Notice (TREC OP-H) provide places for a buyer to sign on the last page, a buyer does not have to sign or initial at all.

The lines for the buyer are there, however, because obtaining a buyer's signature is one way for a seller - and the seller's agent - to prove that the buyer received a copy of the seller's disclosure. And, for that reason, some brokerages make it office policy for listing agents to attempt to get buyer's signatures. Keep in mind that a buyer's signature indicates nothing except that the buyer acknowledges receiving the disclosure.

Whether buyers sign or do not sign your seller's disclosure, it's a good idea to note in the transaction file when the buyer was given the disclosure notice.

Does that come with the house?

derrickr@developlegacy.com (Derrick Ryskamp) — Thu, 15 Oct 2020 00:05:25 +0000

Turns out, in the great state of Texas, if any improvements or accessories are attached to a property when it’s shown to potential buyers, they become the legal property of the final buyer. This includes everything: pots on a pegboard, petunias planted in the front lawn, mounted shelves and framed photos, even above ground pools. Essentially, anything that could leave a gaping hole once removed has to stay, according to the Texas Real Estate Commission’s One to Four Family Residential Contract (Resale). This includes “installed and built-in items” like “valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mailboxes, television antennas, […], cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property.” That all sounds fairly obvious. But the accessories bit also includes “curtains and rods,” the aforementioned “above ground pool” and “swimming pool equipment,” as well as “artificial fireplace logs.” Artificial. Fireplace. Logs.

What Sellers Should Know About the Risks of Recording Buyers

derrickr@developlegacy.com (Derrick Ryskamp) — Wed, 14 Oct 2020 23:56:26 +0000

If you have smart-home technology that can record video or audio, make sure you don’t run afoul of the law when your home is being viewed by potential buyers. Illegally recording is a felony offense in Texas, and anyone who has been recorded in violation of the law can bring a civil suit to recover $10,000 for each occurrence, actual damages in excess of $10,000, punitive damages, attorney’s fees, and court costs.

If you are putting your house on the market, here’s how to avoid trouble with your technology.

The One-Party Rule Won’t Protect You

If you think you can get away with eavesdropping on a buyer showing, think again. Although Texas law allows you to record audio of your own conversation without the consent of the person you are speaking to, this “one-party rule” does not apply when you are not present and participating in the conversation. You cannot record audio of a conversation merely because the conversation happens inside your home.

Be Careful With Video

Many homes have security cameras that record video. Silent video from security cameras is generally allowed as long as it isn’t in a private area of a home. For example, silent video from a common part of your home—such as the exterior, foyer, or garage—is likely OK. Silent video from a bathroom is not allowed. It’s never a good idea to record video and audio together during a showing.

Visitors’ Privacy is Protected by Law

Just because someone is in your home does not mean you can record whatever you want. Texas privacy laws exist to protect individuals, and courts have found in favor of visitors when a homeowner goes too far with surveillance.

Don’t risk a lawsuit just to overhear what a buyer thinks about your property. Leave feedback-gathering to your REALTOR\u00ae.