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2026

Real Estate Disclosures -- What Sellers Have to Share Legally

 

                               Have you ever wondered
                     "Does the seller have to disclose this potential issue?" 


Real estate disclosures come with many questions for both a buyer and seller. Our rule of thumb? Be as open and honest as possible. In our latest post, we will cover what you need to disclose by law. 

Being an open and honest seller will not only help you avoid a lawsuit, but it will also make you a trustworthy, stand-up, all-around person. Hiding defects, looming repairs, and any other issues with the home will only come back to bite you in the end. Whether through a lawsuit or good ol’ 'wish I had disclosed that'.

Most real estate lawsuits occur because of non-disclosure.      After all, according to CRES, a nationally recognized Errors & Omissions (E&O) insurance provider, one in five real estate lawsuits are due to an issue with permits.

So exactly how much are you required to disclose legally? Basically, anything that can affect the value of the property.

Here are just a few of the things you should address:

*  Issues with the land, such as drainage, bad soil, and potential for flooding. Bad soil can limit building and low-lying areas can be prone to flooding and water damage.  FEMA is readily available and lenders will check it as part of the loan process.  Better to be upfront so that there is not an issue with a loan in the middle of selling. 
*  Foundation level and known cracks must be disclosed. If the house settles more than it already has, it could experience structural damage.
*  Plumbing problems, sewer issues, and leaky pipes all need to be brought to the forefront. Some of the most expensive home repairs stem from water damage.
*  Any problems or irregularities with the heating and cooling systems should be addressed.
*  If you have a problem with cockroaches, rats, ants, termites or moles, you will need to inform your potential buyer.
*  Have a leaky roof or missing shingles? Tell your buyer before they find out during a rainstorm.
*  Lead paint is a no-brainer. This disclosure is one of the most common you will see with home sales and rentals.
*  Are there issues that will affect the title? Or rightful ownership? This needs to be spelled out up front, not during the closing process.
*  You should also have documentation for repairs and insurance claims you’ve made in the past. You should be able to describe what was done and the materials used.

Additionally, some states will require more in-depth disclosure of hazard zones which include flooding, earthquakes and other environmental factors affecting the land. Some states will also require any violent crimes committed in the home be common knowledge. Not every state requires this, but it is a good rule of thumb to follow. Think about what you would want to know if you were buying a home for yourself!

Disclosures help a buyer learn as much as possible about a house before making their purchase.

You are selling a great home right? When you keep something to yourself, a minor, needed repair can snowball in much bigger problems. Many properties have something pop up during the inspection that the seller wasn’t prepared for. Imagine, your asking price slashed because of a defect you were unaware of.

Your house is a multi-faceted machine. Many sellers choose to have their home inspected prior to a sale. This allows them to make the necessary repairs ahead of time, lessening potential buyer’s bargaining ability. An inspection will also show good-faith in selling. You are telling the world you want your home to be in the greatest possible condition before it is sold.
Disclosure rules vary state to state.

If you have questions, it is best to talk to a lawyer instead of your agent. Your agent is not allowed in Texas to help you fill out the disclosure because they are out of their scope of knowledge. They can guide you to maybe explain something such as the difference between a stove and cooktop and wall ovens, the type of water systems in your area such as city vs rural types of water, the different types of septic system for you to know what you have but they can’t advise you how to fill out the forms.

Remember, YOU CAN GET SUED for being dishonest.
And if you are found liable, you will need to pay for repairs, legal expenses, punitive damages and in some cases, the sale can be rescinded. Make sure you are working with a trusted professional to help you through your  real estate transaction.

Are you selling your home in Floresville? If you have questions, we have answers! Give our office a text or call now! (210) 216-7722.
 

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What my clients are saying  

Faye is the best!!!! She is always available and gives you all the information you need to know about the property. She is very knowledgeable and very professional. It doesn't matter what day you call her, she'll answer and will help you out. Thank you Faye!

 

~ Adam Arispe

She is the best, answered all my questions and concerns. Really professional. wouldn't go with anyone else. Thanks for all your help, you got me exactly what I and my family were looking for.

 

~ Sergio Decanini

I've had the pleasure of working with Faye Taylor for several years as her lending partner, and I can confidently say she is one of the most professional, dedicated, and client-focused realtors I’ve worked with. Faye consistently goes above and beyond for her buyers and sellers, ensuring they are informed, confident, and supported throughout the entire process. Her attention to detail, strong communication, and deep market knowledge make every transaction smooth and successful. It’s always a great experience partnering with Faye—she truly cares about her clients and it shows in everything she does.

 

~ Tom Romanello

Even after working with Faye, and buying a home, she continues to be there when I have a question or need info, even if she isn't getting anything out of it. Faye has been an exceptional help in finding the right property for us. She is so thorough and keeps us up to date on all changes in the area as far as pricing, etc. She never fails to give complete information on every property we ask about. Also, she is more than accommodating when we need to see a property, even in a rain storm.

 

~ Saundra Meyer

Ms.Taylor is the best agent. She is kind and cares about people she works with. I will recommend her any time.

 

~ AeSuk Sebastian

Fay is one of the hardest working and knowledgeable realtors you will find . It was a blessing that we found her. We dealt with a few realtors before finding fay and not one of them came close to having the knowledge that Fay has. She was amazing , she helps you to look at each situation. From every angle possible and was able to lay out almost every possible outcome for any situation that we dealt with. We ran into a lot of challenges when trying to purchase our home and it took a lot longer than anticipated because of the problems that arose. But Fay always knew what to do next and her advice was priceless. She never gave up no matter what challenge we face and worked harder than anyone I know. I swear sometimes I wondered when this woman slept because she was always working. I promise you will not find a better realtor . If your blessed with the chance to work with Fay don’t look anywhere else. She is everything and more than you could ask for.Thanks again Fay!

 

~ David Gruszka

We originally met Faye because she was representing the seller of the last house we bought. Two years later when we went to relocate, I immediately knew that I wanted Faye to help us sell our home. She was so professional and so very very knowledgeable in real estate - especially with Floresville and the surrounding areas with the first sale that it was without hesitation that we called her. I don’t think Faye ever let my calls go to VM, she always went the extra mile to make sure we understood every step of the process, made sure we knew all options we had and also that we were in charge. Having worked with her on both ends of a transaction, I can confidently say Faye is an incredible real estate agent and I would HIGHLY recommend her for any real estate transactions you have. We love Faye!

 

~ Heather Hammers

Faye Taylor helped my wife and I sell our first house. She made the whole process easy to understand and not overwhelming at all, as oppose to the other realtors we interviewed with. She was very a professional and kind lady and we are glad we had a chance to work with her. Highly recommended!

 

~ Jose Rios

We were so BLESSED to have found Faye as our Real Estate Agent. Moving from Idaho to Texas was a HUGE step for us and she made the process so easy. She listened to everything we wanted and found the PERFECT fit. She feels like family. She went above and beyond many times to do whatever was needed to make sure we were taken care of. Faye is very trustworthy. We felt confident through out the entire process. Less than two years later when we had to return to the west coast we never even considered another agent to see our home. Faye was the first person we called. If you are considering buying or selling a property FAYE is your lady. I recommend you call her, she will get the job done RIGHT.

 

~ Tonia O'Neil

If you're looking for real estate south of San Antonio, Faye knows the area inside and out! She goes above and beyond for her clients in her research, pre arranging & making the time to meet with you to show you the places, and she makes sure to take care of her clients during the whole process, as well as letting you know her honest thoughts on a property before you make any big decisions. Before we chose her, I did my research, and that's what many of her previous clients mentioned--and she was the same with us! I highly recommend Faye!

 

~ Jennifer Klanika

Because I live out of state, I selected Faye based on her reviews. I was looking for a local realtor based in Floresville to help my husband and I find a home there. After speaking with her on the phone I knew she was perfect. Through her connections she found us the home we wanted in a day and exactly where we wanted to live. From the very start to the very end she kept us in the loop and went out of her way to make everything run smoothly with this out of state transaction. Her contacts and connections are amazing. She makes things happen. Faye works hard for you and goes above and beyond to get you answers. I feel like I can call her a friend and I feel blessed that she was the one to handle this sale. We just closed on the house and we can't wait to meet Faye in person when we arrive next week. If you are looking for an agent with deep roots in the area of Floresville, Faye is absolutely the best!

 

~ Nancy Balogh

I have known Faye for many years. She was my realtor when I first started my home search many years ago. Faye has been a stalwart advocate for me in the entire process of buying and selling my home. She is honest and genuinely has the clients best interest at heart throughout the entire process. She is knowledgeable and thorough and readily available whenever needed. Though buying and selling a home can be a difficult undertaking Faye makes it easy. I recommend Faye to all of my friends and family because I trust her. In the future I would not hesitate to enlist her again for any real estate endeavor I might undertake. Thank you Faye!

 

~ Terry Lem

Faye listed our home for sale around Christmas time. The house had an offer in 2 weeks and we closed shortly after. She has the knowledge to guide you in all the aspects of selling. We feel very comfortable with her, like we’ve known her forever. She let us make all the decisions and answered all of our questions and concerns with great advice.

 

~ Richard Batson

Faye was very knowledgable on all aspects of buying and selling. She was available for questions anytime. Very friendly and knows a lot of people in the community.

 

~ Carol Schumaker

Excellent service. Caring and goes beyond expectation. Highly recommend.

 

~ S Virani

Faye was the 3rd Realtor I interviewed to help me sell land in Atascosa. She was the only one to research the utilities on site,, provide us the info and we ended up getting 3 offers, all asking price or over! Highly recommend her!

 

~ Erika Hizel

Faye made buying our home in Floresville so easy. She was very professional and went above and beyond to make sure we ended up with the perfect house for our needs. She was knowledgeable on all the aspects of purchasing a home and worked around our wild and busy schedule. We would definitely recommend her to anyone looking to purchase a home.

 

~ DeAnne Harris

We moved from San Diego to La Vernia. It’s difficult trying to find houses long distance but our agent put us in touch with Faye Taylor and she went way beyond the call of duty to make sure she found exactly what we needed. She kept in constant communication with us and sent us updates on new properties often. She is extremely knowledgeable in all areas of real estate. She would go out to properties we were interested in and get back to us immediately with her findings. When we met it felt like meeting an old friend. We still keep in touch. She’s great! We highly recommend her.

 

~ Christina Moreno-Marroquin

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