Notice to Purchasers
As a real estate agent, I provide valuable services. There are certain aspects that are beyond the expertise of the agent and outside the services provided by an agent. You are urged to obtain the services of qualified experts to assist you with aspects of this transaction, which are not part of the services provided by the real estate agent. You are also urged to purchase a Home Protection Plan. Each of the following matters should be checked by you or qualified professionals of your own choosing who should provide written reports:
- During the Option Period, the buyer should independently select a licensed inspector to perform certain inspections (structural, mechanical, termite, engineers, etc.). Inspections are of conditions which are present and visible at the time of the inspections. Property conditions change with time and use. Neither inspectors nor real estate agents can guarantee future performance of any item. In addition to the Structural and Mechanical and Wood Destroying Insect Inspections, you should include.
- HVAC Inspection for the heating and air conditioning systems
- Pool Inspection for the pool, spa, and equipment
- Septic Tank and On-site Sewer Facility equipment
- Water Wells
- Although we recommend inspections on both new construction and resale properties, this firm does not recommend any particular inspector and does not warranty the quality of any inspector’s inspection report.
- It is recommended that you accompany the inspectors during the inspections. You should address any questions about an inspection directly to the inspector(s).
- You should direct the inspector to determine if there is the presence of any environmental contaminants and health hazards such as mold, spores, lead, and harmful bacteria; and whether building materials have been used which have been or are the subject of class action litigation including certain types of stucco, synthetic stucco, siding, water pipes, sheetrock, and aluminum wiring.
- Prior to closing the buyer should schedule a walk-thru to determine that any agreed repairs have been done correctly and/or that the condition of the property is satisfactory.
2. TITLE INSURANCE COMPANY TO PROVIDE:
Title search of the property including the existence of liens, unpaid property taxes, existence of tax exemptions, pro-ration of taxes and assessments and any other items covered by the title insurance. For more information visit Title under Resources.
3. INFORMATION TO BE OBTAINED FROM SELLER AND SELLER’S DISCLOSURES
- Whether the property has experienced flooding.
- Whether the property has experienced any seepage or leaks including but not limited to, prior plumbing leaks, A/C leaks or roof leaks.
- Insists that the disclosure be complete with all sections completed and all questions answered.
4. WE RECOMMEND YOU OBTAIN A NEW SURVEY TO VERIFY:
The boundary lines of the property, the location of improvements and structures on the property with respect to boundary lines, the elevation of the property, the size and area of improvements on the property, whether the property lies within a flood plain, and the location of easements and rights of way on the property and any other matter a survey might reveal.
5. SQUARE FOOTAGE
Square footage is one, but not the only determination of value. There are several sources of square footage data including, but not limited to builders plans, appraisal, county appraisal district, and the seller. Square footage may vary from one source to another, and if important to you, hire an appraiser to measure during the Option Period.
6. INSURANCE – BOTH PROPERTY/CASUALTY AND FLOOD:
- Promptly after entering into a contract, the buyer should take steps to avoid delays in closing and additional costs. Prior to the expiration of the Option Period, the buyer should independently contact one or more Insurance agents to determine the level of insurance necessary and the costs. You should question if flood insurance will be required and evaluate the costs. Flood insurance in a non-flood prone area is a good idea as a precaution.
- The buyer should submit an application for insurance to the company of their choice;
- The buyer should ask for written confirmation from the agent that the company has received the application, reviewed the CLUE report, and conducted all the necessary reviews to issue a policy at a particular price quoted.
- There are no guarantees that a property will not at some time have a problem with rising water. You are advised to seek advice from your insurance agent regarding flood insurance.
- Litigation: You are advised that there may be or have been litigation concerning the property, neighborhood, subdivision, or area. You are further advised to determine the existence of and content of any deed restrictions, regulations, and/or dues and assessments that may affect the property.
- Annexation: If the property you buy is outside the limits of a municipality, you should be aware that the property may later be annexed by a nearby municipality. You may find information on the boundaries of a nearby municipality by contacting the municipality directly.
- Property Owners Association: The property may be subject to a mandatory membership in a Home Owners Association. You may request documentation on the HOA from the county clerk, Title Company, or HOA. Failure to pay dues may result in a lien on and foreclosure of the property.
- Mineral Interest: Determining who owns the mineral interests under a property normally requires an expert to review the chain of title to the property. Many times the mineral interests have been severed from the property and may be owned by persons other than the seller. The contract commonly used in Texas provides that the seller’s mineral interest, if any, is conveyed to the buyer as part of the property. However, a seller may want to retain all or part of the mineral interests.
- School Boundaries: School attendance boundaries may change and are at times difficult to determine. The school’s boundaries that your agent provides to you or that may be provided through the MLS are only mapped estimated from other sources. You are encourages to contact the school district directly to verify the schools that residents will attend.
- Sex Offenders: If you are concerned about sex offenders who may reside in the area in which you are buying, access www.txdps.state.tx.us. Contact the local police department to obtain information about any criminal activity in the area.
- Statutory Tax Districts: The property you buy may be located in a utility or other statutorily created district providing water, sewer, drainage, flood control facilities and services. You are likely to receive prescribed notice when buying property in such a district.
Your real estate agent is not an engineer, inspector, or other professional concerning many defects that could exist in or on the subject property. He or she does not have expertise or special knowledge concerning fault lines, the suitability of soil for construction, soil expansion, drainage, flood plains, flood elevation certificates, insurance, and many other conditions that may affect the subject property or area in which the subject property is located.
RE/MAX Rewards and its agents do not warrant or guarantee any information or the accuracy of any inspections, reports, or MLS information made in connection with the subject property given either verbally or in written form regarding the subject property.