Form 4-23

This form is based on the form found in Tex. Prop. Code § 5.008. Under section 5.008, a seller of not more than one dwelling unit of residential real property must provide a written notice substantially similar to this form.

Seller’s Disclosure of Property Condition

Seller:   

Property (address and city):    

THIS NOTICE IS A DISCLOSURE OF SELLER’S KNOWLEDGE OF THE CONDI­TION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER’S AGENTS.

Seller ___ is ___ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?    

1.The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).

 

Are you (Seller) aware of any of the above items that are not in working condition, that have known defects or that are in need of repair? ___ Yes ___ No ___ Unknown. If yes, then describe. (Attach additional sheets if necessary):__________________________ _____________________________________________________________________
__________________________________________________________________________________________________________________________________________

2.Does the property have working smoke detectors installed in accordance with the smoke detector requirements of chapter 766, Health and Safety Code?*
___ Yes ___ No ___ Unknown. If the answer to this question is no or unknown, explain. (Attach additional sheets if necessary):       
__________________________________________________________________________________________________________________________________________

* Chapter 766 of the Health and Safety Code requires one-family or two-family dwell­ings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including perfor­mance, location, and power source requirements. If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information. A buyer may require a seller to install smoke detectors for the hearing impaired if: (1) the buyer or a member of the buyer’s family who will reside in the dwelling is hearing impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within ten days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installa­tion. The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.

3.Are you (Seller) aware of any known defects/malfunctions in any of the following? Write Yes (Y) if you are aware; write No (N) if you are not aware.

 

          ____ Other Structural Components (Describe):   

            
              

If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):

_____________________________________________________________________   

_____________________________________________________________________   

_____________________________________________________________________   

4.Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware; write No (N) if you are not aware.

If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):

                  _________________         _________________

      
      

 * A single blockable main drain may cause a suction entrapment hazard for an
             individual.

5.Are you (Seller) aware of any item, equipment, or system in or on the Property that is in need of repair? ___ Yes (if you are aware) ___ No (if you are not aware). If yes, explain. (Attach additional sheets if necessary):          

      
      

6.Are you (Seller) aware of any of the following conditions?*
Write Yes (Y) if you are aware; write No (N) if you are not aware.

If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):
         
      

*For purposes of this notice:

“100-year floodplain” means any area of land that (1) is identified on the flood insur­ance rate map as a special hazard area, which is designated as Zone A, V, A99, AE, AO, VE, or AR on the map; (2) has a 1 percent annual chance of flooding, which is considered to be a high risk of flooding; and (3) may include a regulatory floodway, flood pool, or reservoir.

“500-year floodplain” means any area of land that (1) is identified on the flood insur­ance rate map as a moderate flood hazard area, which is designated on the map as Zone X (shaded); and (2) has a two-tenths of 1 percent annual chance of flooding, which is considered to be a moderate risk of flooding.

“Flood pool” means the area adjacent to a reservoir that lies above the normal maxi­mum operating level of the reservoir and that is subject to controlled inundation under the management of the U.S. Army Corps of Engineers.

“Flood insurance rate map” means the most recent flood hazard map published by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. §§ 4001–4131).

“Floodway” means an area that is identified on the flood insurance rate map as a regu­latory floodway, which includes the channel of a river or other watercourse and the adjacent land areas that must be reserved for the discharge of a base flood, also referred to as a 100-year flood, without cumulatively increasing the water surface elevation more than a designated height.

“Reservoir” means a water impoundment project operated by the U.S. Army Corps of Engineers that is intended to retain water or delay the runoff of water in a designated surface area of land.

Have you (Seller) ever filed a claim for flood damage to the property with any insur­ance provider, including the National Flood Insurance Program (NFIP)?*
__ Yes  __ No. If yes, explain. (Attach additional sheets if necessary):             

       
      

*Homes in high-risk flood zones with mortgages from federally regulated or insured lenders are required to have flood insurance. Even when not required, the Federal Emergency Management Agency (FEMA) encourages homeowners in high-risk, mod­erate-risk, and low-risk flood zones to purchase flood insurance that covers the struc­ture(s) and the personal property within the structure(s).

Have you (Seller) ever received assistance from FEMA or the U.S. Small Business Administration (SBA) for flood damage to the property?  __ Yes  __ No.  If yes, explain. (Attach additional sheets if necessary):             

       
      

7.Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware; write No (N) if you are not aware.

____    Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

____       Homeowners’ Association or maintenance fees or assessments.

____       Any “common area” (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

____       Any notices of violations of deed restrictions or governmental ordinances affect­ing the condition or use of the Property.

____       Any lawsuits directly or indirectly affecting the Property.

____       Any condition on the Property which materially affects the physical health or safety of an individual.

____    Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.

____    Any portion of the Property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):
         
      

8.If the property is located in a coastal area that is seaward of the Gulf Intracoastal Water­way or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the prop­erty may be subject to the Open Beaches Act or the Dune Protection Act (chapter 61 or 63, Natural Resources Code, respectively) and a beachfront construction certificate or dune protection permit may be required for repairs or improvements. Contact the local government with ordinance authority over construction adjacent to public beaches for more information.

9.This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installa­tion and may be accessed on the website of the military installation and of the county and any municipality in which the military installation is located.

   
Signature of Seller

   
Date

The undersigned purchaser hereby acknowledges receipt of the foregoing notice.

   
Signature of Buyer

   
Date