Legal Question in Real Estate Law in Texas

what should a seller disclose

My wife and I purchased a home in late July 2006. It was For Sale By Owner. The contract and seller's disclosure used un this transaction were promulgated by the Texas Real Estate Commission. In August 2006 we were told by a neighbor that a four lane highway was proposed right on my property line. We checked with TXDOT and found that to be the truth. TXDOT (Texas Department of Transportation)said they are still working out some routes at the other end of the proposed road (not where my house is) and they were awaiting funding and they had other projects that took priority over this one. It could be years. We couldn't pin them down on this but ''maybe 5 or 10 or more'' is what we heard. There is a TXDOT website showing the proposed plan. We feel our house is greatly devalued and that we could never get our money back. Were the sellers responsible to tell us this information? There were hearings in March 2006 and Sept. 2006. We got no notice. One was sent to the sellers in August 2006. They probably got one for the March hearing. Do we have a case against them?


Asked on 10/18/06, 8:45 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: what should a seller disclose

I think the key word here is proposed. If I had been that seller and I KNEW about the future road, then I would have disclosed the proposition.

You will need to prove the fact that you were damaged as a result of the non-disclosure and you will need to prove that they knew or should have known about the road. If you can do both, you may have a case.

Keep in mind, that the road may enhance the value of the property rather than damage it.

Read more
Answered on 10/18/06, 9:15 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas