Texas 2019 - 86th Regular

Texas House Bill HB1658

Caption

Relating to seller's disclosure of certain residential real property conditions and related property insurance issues.

Impact

Should HB 1658 be enacted, it would amend Section 5.008(b) of the Property Code, instituting a more comprehensive disclosure process for sellers of residential real estate. The revised law would necessitate that sellers affirmatively disclose various conditions of the property and equipment present, as well as any historical issues that could affect the property's value or safety, such as flood risks or previous repairs made without permits. This modification is anticipated to reduce disputes between buyers and sellers regarding undisclosed conditions post-sale and enhance consumer protection in real estate transactions.

Summary

House Bill 1658 aims to enhance transparency in real estate transactions by modifying the seller's disclosure obligations regarding the condition of residential properties. The bill outlines specific requirements for sellers to disclose any known issues with the property, including but not limited to past flooding incidents, structural damages, or compliance with local regulations. This legislative action is intended to provide prospective buyers with more information about potential risks associated with the purchase of a house, thereby fostering a safer and more informed real estate market in Texas.

Sentiment

The sentiment towards HB 1658 appears largely positive among consumer advocacy groups and potential homebuyers, who view enhanced disclosure as a critical step toward responsible real estate practices. However, there could be some pushback from real estate professionals and sellers concerned about the increased liability and potential complications that more stringent disclosure requirements might create. Overall, the climate seems supportive of transparency, with an emphasis on protecting buyers from the unexpected costs and risks associated with undisclosed property conditions.

Contention

Despite the positive reception, some stakeholders raise concerns regarding the feasibility and fairness of the proposed seller disclosures. Critics argue that sellers should not be held liable for conditions they were unaware of or did not cause, and fear that overly broad disclosure requirements could deter potential sellers from listing their properties. The debate centers around finding a balance that facilitates buyer protection while not imposing undue burdens on sellers, thus revealing a complex intersection of consumer rights and real estate market dynamics.

Companion Bills

No companion bills found.

Similar Bills

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TX SB1412

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