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Unraveling The Complexities Of Seller Disclosure Requirements In Texas Real Estate

Published on April 15, 2023

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Unraveling The Complexities Of Seller Disclosure Requirements In Texas Real Estate

Overview Of Seller's Disclosure Requirements

When selling a home in Texas, sellers are required to provide buyers with a comprehensive disclosure document outlining any known material defects in the property. These disclosures are mandated by the state of Texas to ensure that buyers can make informed decisions when purchasing real estate.

The state requires sellers to disclose information such as past flooding, soil erosion, remodeling or repairs done without permits, and any known health hazards. Additionally, sellers must also disclose the age of major systems and appliances and whether they are still under warranty.

Sellers are obligated to answer all questions honestly and accurately and failure to do so could lead to legal action against them. It is important for sellers to understand their obligations under the law in order to protect themselves from liability later on.

Buyers should be aware that they have the right to request a seller's disclosure report before signing any paperwork related to the purchase of a property and may wish to consult an experienced real estate agent if they have any questions about their rights or responsibilities as buyers.

Legal Statutes And Forms For Disclosure

do i have to disclose a past problem with my house if it’s been repaired?

When it comes to Texas real estate, sellers must adhere to a variety of disclosure requirements in order to comply with the legal statutes and forms set forth by the state.

These forms are designed to protect both buyers and sellers in the process, ensuring that all parties are aware of any potential issues or liabilities associated with the property.

Sellers are legally obligated to complete and provide these documents when listing their home for sale, which can include a Real Estate Transfer Disclosure Statement, Seller’s Disclosure Notice Regarding Flood Plains, Notice of Potential Environmental Hazards, Lead-Based Paint Disclosure Form, Property Owners Association Disclosures, and more.

It is important for sellers to understand these requirements fully before listing their property for sale in order to avoid any possible legal issues or disputes that may arise from inadequate disclosures.

Who Needs To Fill Out A Disclosure?

Anyone selling a home in Texas must fill out a disclosure statement. This document contains important information about the condition of the property and is required by law before an agreement can be reached between buyer and seller.

The disclosure must include all conditions, defects, or issues that may affect the value of the property, as well as any necessary repairs or renovations. Sellers are obligated to provide full disclosure of any material facts related to the property, and failure to do so can result in financial penalties or other legal action.

Homeowners who plan to sell their property should familiarize themselves with local real estate laws and regulations in order to ensure they are fully compliant with disclosure requirements and other legal obligations.

Exemptions From Disclosure Requirements

what do i have to disclose when selling a house

In Texas, certain types of real estate transactions are exempt from the disclosure requirements that typically apply to residential property sales. Exemptions may be based on a variety of factors including the type of real estate involved, whether it is in an urban or rural area, and the type of buyer involved.

For example, if a property is being sold in an agricultural district, then the seller is not required to provide any disclosures about its condition or defects. Similarly, if a buyer purchases a property at a foreclosure sale conducted by a governmental entity such as the county sheriff or tax assessor-collector, they are not required to receive any disclosures from the seller.

In addition, some commercial properties may also be exempt from disclosure requirements if they have been owned by their current owner for less than three years or if they are being sold as part of a larger real estate portfolio. Depending on the situation, buyers should carefully consider these exemptions before proceeding with any purchase and consult with legal counsel to ensure all applicable disclosure requirements are met.

Fire Damage And Home Selling: What You Need To Know

When it comes to selling a home in Texas, the seller is required to disclose any information they know about the property. This includes any fire damage that has occurred on the property.

It’s important for potential buyers to be aware of any fire-related issues so they can make an informed decision before purchasing a home. The seller must disclose all known information regarding fire damage, even if the damage has been repaired or remedied.

If a buyer discovers that the seller failed to disclose fire damage, they may be able to seek legal recourse. It’s also important for sellers to keep records of any repairs or improvements made after a fire occurs on their property in case questions arise from prospective buyers during the disclosure process.

Knowledge of these requirements can help protect both buyers and sellers during the real estate transaction process in Texas.

Foundation Repair Disclosures When Selling A House

selling house as is laws

When selling a house in Texas, one of the most important disclosure requirements is to inform potential buyers if there are any foundation repair issues. It's especially important to disclose foundation repair issues as they can be costly and time consuming to fix and can have a significant impact on the safety of the home.

Potential buyers should be given full disclosure regarding any existing or previous foundation repairs, including when and how the repairs were made and whether or not a warranty was provided for those repairs. Furthermore, sellers should provide a copy of any inspection reports that pertain to foundation repairs, so that potential buyers can review them before making an offer.

In addition, sellers should inform potential buyers if any other types of structural damage occurred as a result of foundation movement or shifting. By taking these steps and providing full disclosure concerning foundation repairs, sellers can ensure that all parties involved are aware of what needs to be done in order for the sale to proceed smoothly.

Water Damage Disclosures When Selling A House

When selling a house in Texas, sellers are required to disclose any water damage they are aware of that has occurred within the last 12 months. This includes flooding, leaks, and other sources of moisture.

It's important to be honest and provide complete information about the property's condition so buyers can make an informed decision. Failure to disclose any water damage could result in legal action against the seller.

It's also important to take into consideration any recent repairs or improvements that have been made to address water damage issues. Be sure to include this information on the disclosure form as well, as buyers may want to know if any steps were taken to mitigate potential problems.

Knowing what must be disclosed when it comes to water damage is essential for sellers in Texas real estate transactions, as it can help them avoid costly mistakes down the road.

Termites Disclosures When Selling A House

do you have to disclose mice when selling a house

When selling a house in Texas, the seller must disclose any known occurrences of termite infestations or damage. This disclosure requirement is an important part of the real estate transaction process, as it allows potential buyers to make an informed decision about the purchase.

In some cases, surveys and inspections may be conducted to determine if there is active termite activity or signs of previous infestations. If such activity is discovered, sellers are obligated to provide written notice to potential buyers and provide a copy of any relevant repair invoices or treatment plans.

In addition, sellers must also disclose whether the home has had any treatments for termites in the past and should be able to provide proof that these treatments have been effective. As a seller in Texas, it's essential to understand your obligations related to termite disclosure requirements in order to avoid potential legal liabilities due to non-disclosure.

Home Inspection Findings And Seller's Obligations

When purchasing a home in Texas, buyers should be aware of the seller’s disclosure requirements and the importance of a home inspection. A seller must provide a real estate disclosure statement, which is a document that outlines any known material defects in the property.

Home inspections can uncover additional issues and it is important to understand that the seller may be obligated to address certain issues found during the inspection process. The buyer should be aware of the Texas Property Code which requires sellers to disclose any information about structural damage, roof leakage, plumbing issues, environmental hazards like asbestos or lead-based paint, and any other defects that could affect the value or desirability of the property.

In some cases, sellers are required to repair or reduce the purchase price if problems are found during an inspection. It is important for buyers to thoroughly research all aspects of their potential purchase and ensure they are informed about their rights and obligations when it comes to seller disclosure requirements when buying a home in Texas.

The Consequences Of Failing To Disclose Issues

what to disclose when selling a house

Failing to disclose issues in Texas real estate transactions can have serious consequences for both the seller and the buyer. If a seller neglects to provide full disclosure of any latent defects or property issues, the buyer could be exposed to financial liability and unanticipated costs.

It is important for sellers to understand their legal obligations regarding disclosure requirements and make sure they are providing complete and accurate information. Misrepresentation of facts in a real estate transaction can result in a variety of legal repercussions including breach of contract, fraud, and negligence claims.

In some cases, buyers may even have the right to rescind their purchase agreement if they discover undisclosed information that materially affects the value of the property. Therefore, it is essential that sellers understand what must be disclosed and take reasonable steps to ensure all potential buyers are aware of any known problems with the property.

Small Items And Non-disclosure Considerations

When it comes to seller disclosure requirements in Texas real estate, there are many small items and considerations that need to be taken into account. It is important for sellers to understand the potential risks associated with not disclosing certain issues, as well as the statutory requirements of what must be disclosed.

Additionally, an experienced real estate attorney should be consulted if a seller has any questions about what they need to disclose or how they should go about doing so. In Texas, failure to disclose certain items can result in civil penalties, including but not limited to damages and even rescission of contracts.

Furthermore, there are certain non-disclosure considerations which may apply depending on the type of property being sold. For example, if a property contains residential components, then there are additional disclosure requirements involved compared to a commercial property.

It is also important for sellers to note that certain types of information may be exempt from disclosure under the Texas Property Code. Therefore, it is strongly advised that sellers consult with their legal counsel before completing necessary disclosures when selling their real estate in Texas.

Dealing With Big Problems Or Issues Affecting Sale Value

what to disclose when selling a condo

When it comes to large-scale issues that can have a major effect on the sale value of a property, Texas real estate sellers should exercise caution. Seller disclosure requirements are complex and vary from one area to another, making it difficult for those unfamiliar with the process to understand all the details.

Understanding these complexities is essential in order to ensure that all obligations are met prior to closing a sale, as any failure to disclose certain information can result in costly penalties or even legal action. Buyers also need to be aware of their rights when it comes to seller disclosure requirements and what they may be entitled to receive when purchasing a property.

Fortunately, experienced real estate professionals are available to assist both sellers and buyers in navigating these complicated laws and regulations in order to protect the interests of all parties involved.

Texas Home Seller’s Legal Responsibilities For Disclosure

When selling a home in Texas, sellers have certain legal disclosure requirements that must be met in order to comply with state regulations. It is important for sellers to understand the complexities of these requirements and take the necessary steps to make sure they are fulfilled properly.

This includes providing the buyer with all relevant information about the condition of the property, including any known defects or issues that may affect its value. Additionally, it is important for sellers to disclose any past repairs or renovations done to the property, as well as whether there have been any changes made to zoning laws since its purchase.

Furthermore, when it comes to utilities and appliances, sellers must disclose if any are included in the sale of the home and provide buyers with a copy of their warranties. Finally, sellers need to provide potential buyers with proof of title insurance and an explanation of any liens on the property.

By taking these steps, Texas home sellers can ensure they are meeting their legal responsibilities for disclosure when selling their homes.

Texas Law: What Must Be Disclosed When Selling A House?

what needs to be disclosed when selling a house

When selling a home in the state of Texas, it is important to understand the seller disclosure requirements as outlined by Texas law. As a seller, it is essential to ensure that all relevant information about the property is provided to the buyer.

This includes any material facts that may affect the value or desirability of the house. It is also necessary to be aware of any health or safety issues, such as mold or asbestos, and any structural problems that are present on the property.

Additionally, sellers must disclose any environmental issues such as flooding or nearby hazardous sites that may impact their potential buyers. Furthermore, any repairs made within the last four years must be reported accurately and completely.

Finally, all warranties covering major systems in the home should be presented to potential buyers before closing on a house sale in Texas. Understanding these complex disclosure requirements can help ensure that sellers meet their legal obligations when transferring ownership of real estate in this state.

Understanding Your State’s Regulations On Seller’s Disclosure

Understanding your state's regulations on seller's disclosure can be a complex process, particularly in Texas. Before selling real estate, it is important to have a thorough understanding of the Texas Real Estate Commission (TREC) mandated seller disclosure requirements.

The TREC rules mandate that sellers provide potential buyers with certain disclosures to help educate them about any known material defects in the property. These disclosures are intended to limit the seller’s liability for such defects and help buyers make an informed decision regarding their purchase.

Furthermore, sellers must also comply with applicable local and municipal regulations when making these disclosures. It is always advisable to consult an experienced real estate attorney or real estate broker who can advise you on the specific requirements for your particular situation.

Additionally, realtors should familiarize themselves with the TREC Seller Disclosure Rules and other relevant legal documents prior to conducting a sale or listing a property for sale in order to ensure compliance and protect their interests.

The Benefits Of Making An Accurate And Thorough Seller's Disclosure

what has to be disclosed when selling a house

When selling a property in Texas, it is important to make an accurate and thorough Seller's Disclosure. The benefits of this include a more transparent transaction for both the buyer and the seller, as well as providing legal protection.

By being upfront about any faults or issues with the property, it can save both parties time, money and stress in the long run. Furthermore, by being honest about any known defects or problems with the property, it can help prevent future disputes or misunderstandings.

Additionally, making a detailed disclosure of all information related to the sale will ensure that buyers have all of the relevant information they need to make an informed decision. As such, ensuring that the Seller's Disclosure is accurate and thorough is essential for any successful real estate transaction in Texas.

Tips For Completing The Seller's Disclosure Form Accurately

Seller disclosure requirements in Texas real estate can be complex, but by following a few simple tips, you can ensure that your seller disclosure form is completed accurately. First, make sure to read the form thoroughly and answer all questions truthfully and accurately.

It is important to remember that this document serves as a legal record of the condition of the property at the time of sale, so honesty is essential. Second, if you are unsure about how to respond or what information needs to be disclosed, seek advice from a qualified professional such as an attorney or real estate agent.

Third, take note of any special circumstances regarding the property which may affect its condition and disclose those items fully on the form. Finally, if there are any changes in the condition of the property after you submit your form, you should notify your buyer immediately so they can amend their purchase agreement accordingly.

By following these general tips when completing your seller's disclosure form in Texas real estate transactions, you can ensure that everything is accurate and up-to-date for a successful transaction.

Assessing The Impact Of Non-disclosure On Home Value

residential property condition report

Assessing the impact of non-disclosure on home value is an important factor to consider when unraveling the complexities of seller disclosure requirements in Texas real estate. In some cases, a seller’s failure to disclose certain information can lead to a decrease in the market value of a home.

For instance, if buyers become aware of major defects in the home that were not disclosed during the sale process, this knowledge could affect their decision to purchase. It is also possible that any subsequent buyers will be unwilling to pay as much for the home due to its lack of disclosure and potential problems that may arise as a result.

As such, sellers should always ensure they are aware of all relevant disclosure rules and regulations so they can accurately inform potential buyers about any issues with their property. Doing so can help preserve or even increase their home’s market value and protect them from legal action if it turns out later that certain disclosures were necessary but not provided.

Knowing Your Rights And Responsibilities As A Home Seller In Texas

When selling a home in Texas, it is important to understand the seller disclosure requirements and your rights and responsibilities as the seller. Under Texas law, you must provide potential buyers with certain information about the condition of your property before they purchase it.

This includes any known defects or issues with the home, such as water damage, structural defects, or past pest infestations. You must also disclose any neighborhood problems or nuisances that could affect the buyer's decision to purchase your property.

Additionally, you must ensure that all legal documents related to your sale are complete and accurate before closing on the sale of your home. Failure to do so could result in significant penalties for you as the seller.

As part of this process, it is best to consult with a qualified attorney who can help guide you through these complex legal requirements and protect your interests throughout the transaction.

Avoiding Liability Through Proper Compliance With Seller's Disclosure Rules

what do you need to disclose when selling a house

Understanding and following the disclosure requirements for real estate sellers in Texas is essential for avoiding potential liability. It's important to be aware of local, state, and federal regulations that could affect a sale.

While most of the disclosure rules are based on common sense, there are some complexities that require careful consideration. For example, when selling residential property in Texas, sellers must provide buyers with a Seller's Disclosure Notice (SDN) which outlines any known information about the condition of the property.

The SDN must include all necessary details such as prior flooding, fire damage, and other structural problems; health hazards like asbestos or lead-based paint; and any second mortgages or liens against the property. Additionally, it is important to note that certain types of properties may require additional disclosures such as owner-financed sales or those sold through auctions.

Understanding these complexities can help ensure compliance and avoid unnecessary liability.

What Needs To Be Disclosed When Selling A House In Texas?

When selling a house in Texas, it is important to understand the complexities of the state's disclosure requirements. Sellers must disclose any material facts about the property which may affect its value or desirability.

These disclosures are legally required and include information about any structural defects, roof damage, plumbing issues, termite damage, recent improvements, environmental hazards, neighborhood nuisances, boundary lines disputes, and homeowner association fees. The seller must also provide potential buyers with a Seller's Disclosure Notice which outlines further information regarding the condition of the property.

It is crucial that sellers accurately and honestly disclose all relevant information to ensure they are not held liable for any undisclosed issues in the future. A real estate lawyer can help sellers navigate their state’s laws on disclosure requirements and protect them from potential liability down the road.

Do Murders Have To Be Disclosed When Selling A House In Texas?

Sales

When selling a house in Texas, there is a complex set of regulations and requirements that must be followed to ensure both the buyer and seller are adequately informed. One such requirement is to disclose any knowledge of a murder or other felony having occurred on the premises.

While this may seem straightforward, sellers should be aware that failure to disclose such information can have serious legal consequences. It is important for sellers to understand what must be disclosed under Texas law, as well as how to properly communicate this information to potential buyers.

To allow for thorough understanding of disclosure requirements, it is recommended for sellers to seek legal counsel from an experienced real estate attorney who can provide advice tailored to their particular situation.

Is Texas A Property Disclosure State?

Texas has long been viewed as one of the most stringent states when it comes to seller disclosure requirements for real estate transactions. As a property disclosure state, Texas requires sellers to disclose any known material defects in their properties that a prospective buyer should be aware of when making an offer.

This includes structural issues, water damage, pest infestations and other issues that could affect the value of the property. Furthermore, Texas law also requires sellers to provide buyers with a Property Disclosure Statement which outlines all known material defects in the property prior to closing.

By providing buyers with this information, it helps to protect them from unknowingly purchasing a home with underlying problems or costly repairs that may need to be made. It is important for both buyers and sellers alike to understand these requirements so they can ensure they are compliant and avoid potential legal penalties.

What Properties Does The Texas Seller's Disclosure Of Property Condition Law Apply?

The Texas seller's disclosure of property condition law applies to any real estate transaction in which a seller is transferring ownership of an interest in residential real estate. This includes single family homes, duplexes, townhomes, condominiums and manufactured homes located on leased land.

The seller must disclose all known material defects or information that could affect the value of the property or a buyer’s decision to purchase it. This includes such issues as a prior foundation settlement, structural damage, environmental concerns and the presence of hazardous materials or substances.

Any items not disclosed by the seller can result in liability for the seller. Additionally, buyers are entitled to receive certain mandatory disclosures from sellers regarding lead-based paint hazards and other state-specific requirements like mold disclosure if present.

Buyers should always review these disclosures carefully and seek professional advice as needed before making an offer on a property.

Q: What representations and warranties must a salesperson make when selling a house in Texas and performing under the terms of a contract?

A: When selling a house in Texas, a salesperson is responsible for making certain representations and warranties regarding the performance of their duties under the terms of the contract. These may include ensuring that all relevant documents are accurately filled out, properly notarized, and submitted to the appropriate authorities in a timely manner. Additionally, they must ensure that all taxes and fees associated with the sale are paid, as well as any other contractual obligations specified in the agreement.

Q: What disclosures must a seller make in Texas regarding Brokers, Breaches of Warranty, and Fraudulent Activity?

A: In Texas, sellers must disclose any information known to them about the property which could affect its value or desirability, including any material defects or issues related to brokers, breaches of warranty, and fraudulent activity.

Q: What must a seller disclose to a consumer when selling a house in Texas and executing an addendum under the terms of the deed?

Property

A: The seller must disclose any material facts that are known, including negligent misrepresentations, that would affect the value or desirability of the property.

Q: Must I disclose to a buyer if I have been sued or hired lawyers in relation to the sale of my house in Texas?

A: Yes, it is required by law in Texas that you disclose any lawsuits or legal matters related to the sale of your house.

Q: What non-disclosure requirements must be met when selling a house in Houston, Texas under the terms of a court-ordered real property transfer?

A: Under Texas law, sellers must disclose to buyers any material defects in the property that are known or should have been known to the seller. In addition, the seller must provide any other information about the property which is necessary for the buyer to make an informed decision, including but not limited to information pertaining to environmental hazards or zoning restrictions.

Q: What fiduciary duties and relationships must be maintained when selling a house in Dallas, Texas?

Procurement

A: Under the terms of a contract, when selling a house in Dallas, Texas, the seller has a fiduciary relationship with the buyer and must act in their best interests. The seller is also under a duty to disclose all material facts regarding the property condition before signing any agreement or executing any addendum.

Q: What actual damages must be disclosed when selling a house in Texas under the terms of a conveyance?

A: A seller in Texas is required to disclose any known material facts that are not readily observable and which may affect the value of the property, such as any defects or conditions that would not be discovered through an ordinary inspection. This includes any actual damages, including physical damage to the property, environmental hazards, zoning issues, and any other facts that could impact the belief or language of the conveyance.

Q: What property condition must a seller disclose to a buyer when selling a house in Texas under the terms of the Seller Disclosure Requirements?

A: The Texas Seller Disclosure Requirements require sellers to disclose any known material defects in the property, such as structural issues, major appliances, and other aspects of the property that could affect its value or desirability. Sellers must also disclose any facts that could influence a buyer’s decision to purchase, such as nearby construction projects or zoning changes.

Q: What are the Seller Disclosure Requirements under Texas Real Estate Laws when using a Real Estate Agent to sell a house with Property Taxes?

Contract

A: When selling a house in Texas using a real estate agent and property taxes, the seller is required to disclose any material defects of the property, such as physical damage or environmental hazards, that may affect the value of the property. In addition, the seller must provide accurate information about boundary lines, zoning regulations, deed restrictions, water and sewer systems, title history and current tax information.

Q: What disclosures must a seller make under Texas Real Estate Laws when selling a house with Property Condition Reports and Homeowner's Insurance Policies?

A: A seller in Texas must disclose all material facts concerning the physical condition of the property, any known defects or deficiencies, and any encumbrances or liens on the property. The seller must also provide the buyer with copies of all applicable Homeowner’s Insurance Policies and Property Condition Reports.

Q: What are the closing costs that must be disclosed when selling a house in Texas under the terms of a contract?

A: When selling a house in Texas, the seller is required to disclose to the buyer any and all closing costs associated with the sale. This includes all taxes, fees, legal costs, transfer fees, title insurance premiums, and other associated charges. These must be disclosed before signing any real estate contracts.

Q: What are the Seller Disclosure Requirements under Texas Real Estate Laws when selling a house?

A: According to the Texas Real Estate Commission, sellers must disclose any known material defects in the property that may affect its value or desirability. This includes issues with the roof, foundation, plumbing, electrical systems, HVAC system and any other structural or mechanical issue. Sellers should also provide information about any pending legal action that could affect the home or neighborhood, such as zoning changes or foreclosures.

PERFORMANCE OF A CONTRACT TEXANS LITIGATION NONDISCLOSURE FIDUCIARY DUTY COMMON LAW
COMMON-LAW SMOKE ALARMS SMOKE DETECTOR SMOKE HOME INSPECTORS HOME INSPECTED
HEATERS HEATING AND COOLING SYSTEMS EARNEST MONEY TRUST SEX-OFFENDER SEX OFFENDER
INVESTORS FORECLOSURE DEFENSE CEILING BLOG RECEIPT LEAD PAINT
INSPECTOR HOMEOWNERS ASSOCIATION HOA PHYSICAL HEALTH GAS ATTORNEY’S FEES
AMERICAN U.S. REGISTERED SEX OFFENDER PIPELINES NATURAL GAS PIPELINE MORTGAGOR
MORTGAGEE SAFETY HAZARD HIV HIV INFECTION FIRE ALARM DWELLING
DEED OF TRUST DEATH DECEDENT ZIP CODE TRUSTEE TRANSPORTATION
TRADE FRAUDULENT MISREPRESENTATION SUICIDE SCENARIO EXEMPLARY DAMAGES PUNITIVE DAMAGES
OPTIONS NATURAL GAS MIND LANDLORDS FLOOD INSURANCE EXPERT
EXPENSE EVIDENCE DISCLAIMERS DEEDS IN LIEU OF FORECLOSURE DEED IN LIEU OF FORECLOSURE BUILDING CODE
BENEFICIARY BANKRUPTCY CAUSES SUICIDE OR NATURAL CAUSES SUICIDE IN THE HOUSE THE SELLERS DISCLOSURE
THE BUYER CAN A SELLERS DISCLOSURE SELLERS DISCLOSURE IS THAN ONE DWELLING ONE DWELLING UNIT COURT ORDER OR
THE BUYER MAY SELLERS DISCLOSURE NOTICE NATURAL CAUSES SUICIDE OR BY NATURAL CAUSES SUICIDE A PREVIOUS OCCUPANT HAD WHETHER A PREVIOUS OCCUPANT
5008 OF THE TEXAS TEXAS PROPERTY CODE REQUIRES MORE THAN ONE DWELLING THAN ONE DWELLING UNIT OF ANY DWELLING DOES VALUE OF ANY DWELLING
ANY DWELLING DOES NOT DWELLING DOES NOT EXCEED BY A TRUSTEE IN A TRUSTEE IN BANKRUPTCY SECTION 5008 OF THE THE SELLERS DISCLOSURE NOTICE
A SELLERS DISCLOSURE NOTICE

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