An owner recently passed away, and her son is the independent executor of her estate. When listing the property for sale, the son told me he is not required to provide a seller’s disclosure notice since he is the executor. Is he right?
Yes. In his role as the executor of his mother’s estate, the son is exempt from the seller’s disclosure notice requirements under the fifth exception in Section 5.008 of the Texas Property Code.
Regardless of the exemption, failure to disclose known material defects about the property exposes an individual to liability under the Deceptive Trade Practices Act or other civil laws.