.

Most states' laws mandate that disclosures be on special forms the seller must sign and date. Be sure the buyer acknowledges receipt of the disclosures by signing and dating the forms as well.

Sellers are responsible for disclosing only information within his/her personal knowledge. Sellers don't usually need to hire inspectors to turn up problems they know nothing about. However, some states' laws identify certain problems that are Seller's responsibility to search for, whether he/she see signs of the problem or not. In these cases, or where Seller could have seen a particular defect but ignored, Seller could ultimately end up in court, compensating the buyer for the costs of Seller's failure to disclose.

If you have even the slightest question about whether or not to disclose something to potential buyers, avoid the potential for liability and tell all. Full disclosure of any property defects will help increase the buyer's confidence that you're dealing fairly. And it will protect you from legal problems later, such as buyers who want out of the deal or who claim damages suffered because you carelessly or intentionally withheld information about your property.

Just because you disclose a problem doesn't mean you must repair or correct it. The disclosed item can become a point of negotiation between you and your buyer.

Although, Texas law requires that the seller provide the buyer with a completed  Seller's Disclosure of Property Condition Notice, on or before the effective date of a contract.  In houses built prior to 1978 the seller must complete the Lead-Based Paint and Hazards disclosure form, and provide information on hazards from inspections in the seller's possession required under a federal law, the Residential Lead-Based Paint Hazard Reduction Act of 1992.

Check with me or your attorney for disclosures required in your case. Also, check with your city planning department for information on local ordinances and disclosures that affect your sale.