Real Estate Disclosures - What You Have to Share Legally in El Paso

Navigating real estate disclosures can feel overwhelming for both buyers and sellers. The golden rule? Be as open and transparent as possible. In this guide, we’ll break down what you’re legally required to disclose and why honesty is the best policy when selling your home in El Paso.

Why Honesty Matters in Real Estate Disclosures

Being upfront about your property’s condition is essential—not just to comply with the law but to protect yourself from potential lawsuits. Failing to disclose defects, needed repairs, or other issues with your home can lead to serious legal trouble or even harm your reputation. Most real estate lawsuits stem from non-disclosure, so being honest from the start isn’t just ethical—it’s practical.

Disclosures also build trust with potential buyers, showcasing you as a responsible and reliable seller. Remember, even if you’re tempted to hide a defect, buyers will likely discover it during inspections. Instead of risking a lawsuit—or a serious dose of bad karma—address issues openly.

What Must You Disclose?

While requirements vary by state, sellers generally need to disclose anything that could significantly impact the property’s value. Below are some of the most common items you’ll need to address:

Land and Environmental Issues
- Problems with soil, drainage, or flooding potential. Poor soil quality can limit building opportunities, while low-lying areas are prone to water damage.
- Hazard zones, such as areas prone to earthquakes, wildfires, or other natural disasters.
Structural Concerns
- Foundation problems, including settling or visible cracks, must be disclosed. Structural instability can lead to costly future repairs.
Plumbing and Water Issues
- Leaky pipes, sewer problems, or plumbing irregularities should be detailed. Water damage is one of the most expensive repairs, so transparency is crucial.
HVAC System Irregularities
- Issues with heating, cooling, or ventilation systems must be brought to the buyer’s attention.
Pests and Infestations
- If you’ve dealt with termites, cockroaches, rats, or other pests, this information must be disclosed.
Roof Problems
- Disclose any missing shingles, leaks, or general roof wear and tear. Buyers will likely discover roof issues during an inspection.
Lead Paint and Other Hazards
- If your home was built before 1978, federal law requires you to disclose the presence of lead-based paint.
Title or Ownership Issues
- Any issues with the property title or rightful ownership should be disclosed upfront to avoid delays during closing.
Repair and Insurance Documentation
- Provide records of past repairs and insurance claims, including dates, materials used, and the extent of the work.
Violent Crimes or Deaths (State-Specific)
- Some states require sellers to disclose violent crimes or deaths that occurred in the home. Even if not required, disclosing this information can prevent unpleasant surprises for the buyer.

Be Proactive with Inspections

One way to streamline the selling process is to conduct a home inspection before listing your property. A pre-sale inspection can:

Identify potential issues, giving you a chance to make necessary repairs.
Reduce buyers’ negotiating power by resolving problems in advance.
Demonstrate your commitment to selling a home in excellent condition.

Taking this proactive step can also help you avoid last-minute surprises that could derail the sale or force a price reduction.

Completing Your Disclosure Form

Disclosure requirements vary by state, so consult with your agent, attorney, or broker for a checklist specific to El Paso. As you complete the form:

Be as detailed and accurate as possible, including dates for repairs or upgrades.
Attach any relevant documentation, such as receipts or inspection reports.
Consult a lawyer for complex questions rather than relying solely on your agent, as some issues may be beyond their expertise.

The Risks of Non-Disclosure

Failing to disclose issues with your property can result in severe consequences, including:

Lawsuits from buyers seeking compensation for repairs, legal fees, and punitive damages.
In some cases, the buyer may rescind the sale entirely.

Working with a trusted professional ensures you meet all legal requirements and protects you from liability.

Ready to Sell Your Home in El Paso?

Selling a home comes with many responsibilities, and real estate disclosures are among the most important. At Level Cash Home Offer, we’re here to guide you through the process and answer any questions you have.

For more information on real estate disclosures, visit Realtor.com’s Guide to Disclosures or check out this comprehensive resource from Nolo.

Contact us today by filling out this form or calling (915) 228-3314. We’re ready to help you navigate the selling process with ease!