Seller could face action for shortcuts in flood damage repairs
Q: Five units on one end of a 12-unit building in a multibuilding condominium complex built in the 1970s were flooded during Harvey in early September. One of the flooded units was vacant and for sale-byowner before, during and after the storm.
While flooded units to either side received full remediation (demoed to the studs, fans/ dehumidifiers, and new cabinets, flooring, trim, etc.), the vacant unit sat for weeks. Mold was visible on walls and carpeting worsened as time progressed, creating issues for neighboring units sharing common walls.
The seller did not return calls from residents, property management, or prospective buyers.
In mid-November the seller let neighbors know only fresh paint, carpet cleaning, and a few patches were necessary because the unit was for sale.
Turns out the seller is an active real estate agent with a wellknown brand.
It doesn’t seem fair to neighbors or future buyers that the seller, through naiveté or ill will, may take shortcuts that could affect the health and property values of others.
Any ideas on how the seller could be encouraged to make different choices?
A: Stupid is as stupid does. I’d file a complaint with the Texas Real Estate Commission. If this guy gets sued, he may ultimately have to pay the damages. This guy is intentionally telling a fib to an ultimate purchaser, and the condo association is probably the best witness for this.
Q: My neighbor shot himself while standing in his front yard. His widow has put the house on the market, and the real estate agent says it doesn’t have to be disclosed. How can this be? I’d be furious if I purchased this house and found out about this suicide.
A: This is kind of a conundrum. We have a law that says suicides on the property do not have to be disclosed. Some people would cry foul if you didn’t disclose it, often for religious or cultural reasons. When in doubt, in our opinion, disclose.
Q: I’m getting ready to refinance my home equity loan again, but the rules here in Texas are crazy. So much documentation and application procedures. Why is Texas so difficult on these loans?
A: We are unique, to be sure. We’ve never thought a home should be highly leveraged because it is supposed to be a “secure asylum” to protect homeowners from predatory lenders. Help is on the way, though. New constitutional amendments now provide the ability to convert your home equity loan into a traditional second lien loan. Wait until the first of next year and go to your lender for this new product.
Q: I’ve recently had a sex change and am now a transgender. I’m putting my house on the market and realized that I bought it as a single man. How can I convert it now as a single woman?
A: Not to worry, you are not the first. You’ll probably need a confirmation by your doctor and maybe a change filed at the Bureau of Vital Statistics.
When you get your contract, just call the title company and ask for their criteria for your ID.
To send us a question visit and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.