Selling a home in Texas can be stressful, especially if you own an older property with materials like asbestos. If you're preparing to list your house, you may wonder about your legal obligations concerning hazards.

Many homes built before the 1980s contain asbestos, which is a common concern for Texas homeowners. This guide provides clear information based on Texas law and shows you how to handle the situation confidently. You can do this whether you are pursuing a traditional sale or looking for alternatives.

What is Asbestos and Why is it a Concern?

Asbestos is a naturally occurring mineral fiber used in building materials from the 1940s to the 1970s because of its insulation properties, fire resistance, and durability. It can be found in popcorn ceilings, vinyl floor tiles, pipe insulation, siding, roofing materials, and some textured paints.

Health concerns arise when asbestos-containing materials are damaged or disturbed, causing microscopic fibers to become airborne. When inhaled, these fibers can cause serious health problems like asbestosis, lung cancer, and mesothelioma. Undisturbed,when undisturbed and encapsulated, asbestos generally doesn't pose an immediate health hazard to occupants.

Texas Law: Seller's Disclosure Notice

In Texas, most residential property sales are governed by Texas Property Code § 5.008. This law requires sellers of single-unit residential properties to provide buyers with a Seller's Disclosure Notice to inform them about the property's condition according to the seller's knowledge.

The notice covers various property aspects, including structural components, known defects. It also addresses hazardous or toxic materials like asbestos.

Disclose What You Know

Texas asbestos disclosure laws hinge on "known defects." The law requires you to disclose material defects you know about. If you know that your home contains asbestos because of a contractor, test results, or prior information, you must disclose this.

You don't need to use alarming language; simplyStating the facts is sufficient.

Are You Required to Test for Asbestos?

No, Texas law doesn't require a seller to inspect or test for asbestos before selling. The disclosure obligation only extends to your current knowledge about the property. You are not required to search for unknown problems or hire specialists for tests unless you negotiate with the buyer.

How to Fill Out the Disclosure Form

The Texas Seller's Disclosure Notice, which comes from the Texas Real Estate Commission or Texas Realtors, contains a section addressing environmental concerns. It includes questions about hazardous or toxic materials, including asbestos.

The form uses a checkbox format with "Yes," "No," or "Unknown" options. If you answer "Yes" to knowing certain conditions, you will need to explain further in the provided spaces.

Three Scenarios

If you KNOW you have asbestos, check "Yes" on the form and provide details in the explanation section. For example, you could say "Previous inspection identified asbestos in attic insulation installed before 1980" or "Confirmed asbestos-containing floor tiles in basement, which are currently in good condition."

If you DON'T KNOW about asbestos, check "Unknown." This is the most common and truthful answer for many sellers, especially with older homes. The form asks about your knowledge and not about possible existence.

If you suspect but don't know for sure, then "Unknown" remains the correct answer. A suspicion based on your home's age is not actual knowledge. Do not guess or speculate when completing this legal document.

Risks of Non-Disclosure

Dishonesty on your disclosure form can have serious consequences. If you conceal the presence of asbestos and the buyer later discovers it, you could face serious repercussions:

• Legal action for fraudulent misrepresentation.
• Financial responsibility for remediation costs
• In extreme cases, there may be a potential sale rescission.
• Damage to your reputation and future real estate transactions

Honesty protects both you and the buyer by creating a transparent transaction that reduces future liability.

Does Selling "As-Is" Mean You Can Skip Disclosure?

Many homeowners mistakenly believe that selling a house as-is in Texas exempts them from disclosure requirements, but this is not accurate for traditional sales.

In a conventional real estate transaction, an "as-is" clause means the seller won't make repairs or provide credits for inspection issues. However, it does not eliminate your legal obligation to complete the Seller's Disclosure Notice truthfully and to disclose known material defects, including asbestos.

The "as-is" designation addresses the property's condition and repair negotiations; it does not address your disclosure duties under Texas law. Courts have consistently held that sellers cannot use "as-is" clauses to avoid liability for failing to disclose known defects.

A Truly "As-Is" Solution: The Direct Cash Offer

If navigating disclosures, worrying about buyer reactions, and lengthy negotiations sounds stressful, you can take a more direct path.

Companies like GetHomeCash specialize in buying homes directly from sellers, offering a simplified process. As professional investors who purchase properties in any condition, we understand the risks as well as the realities of older homes, including those with asbestos or outdated materials.

Selling to a direct cash buyer benefits you in several ways:

• True As-Is Sale: We buy the property as-is, which eliminates the need for you to test or remediate asbestos. Our business model accounts for potential renovation costs that include hazardous material handling.
• Certainty & Speed: We provide a fair cash offer and can close in 7 days. Traditional buyers get cold feet after an inspection report mentions asbestos, but we won't back out due to property condition issues.
• Simplicity: We handle the paperwork with no commissions or repair negotiations. The price we offer factors in the home's age and condition, which provides a clean and straightforward transaction without surprises.

Homeowners in Texas wanting to sell quickly without repairs or disclosure issues can opt for a direct cash sale. GetHomeCash specializes in buying homes in any condition and offers a guaranteed offer along with stress-free closing.

FAQ

What if a buyer discovers asbestos after the sale and I marked "Unknown"?

If you didn't know about the asbestos and marked "Unknown" on your disclosure form, you have legal protection. The buyer must prove you had actual knowledge and concealed it. However, if evidence suggests you did know, such as previous inspection reports, you could face liability.

Will disclosing asbestos negatively impact my home sale or decrease the value?

Not necessarily. The impact depends on factors like the location and condition of the asbestos-containing materials, the local real estate market, and buyer preferences. Many buyers understand that older homes may contain these materials and may proceed with the purchase while negotiating remediation or accepting the property. However, disclosure can complicate negotiations and extend the sales timeline; therefore, many sellers with older homes consider direct sales to investors.

Is anyone exempt from providing the Seller's Disclosure Notice in Texas?

Yes, Texas Property Code § 5.008 exempts certain transfers. These include:

• Transfers occur between co-owners.
• Transfers between family members, such as from spouse to spouse
• Foreclosure sales or deeds in lieu of foreclosure.
• Sales of new residences that come with warranties.
• Transfers made by a court-appointed receiver or trustee

A typical arm's-length transaction between a homeowner and a buyer requires the disclosure notice.

Conclusion

When selling a house in Texas, you must disclose what you know about asbestos, but you are not required to test for it. Completing the Seller's Disclosure Notice honestly protects you against future claims and informs buyers' decisions.

Navigating the traditional real estate process involves certain disclosure obligations; however, alternatives exist for a more straightforward path. Whether you sell on the open market with full transparency or opt for a simplified direct sale to GetHomeCash, understanding your legal obligations helps you proceed with confidence and integrity, protecting both your interests and those of the next property owner.