Here's a blurb that might clear up this muddy area:
"In answer to your question about the agency or association that requires the seller's
disclosure, the Legal Department of the
Texas Association of REALTORS? generated this form to protect sellers as well as its members who represent them.
There is no specific law requiring disclosure of a death that resulted from something other than natural causes, suicide, or an accident unrelated to the condition of the property. However, time after time when a buyer discovers that a person was killed at the property and files a court action claiming "had they known about this death they never would have bought the property," they tend to win. So, an upfront
disclosure of a death (other than by natural causes, suicide, or an accident unrelated to the condition of the property) is the best approach. By disclosing the death in the
Seller?s Disclosure Notice signed by the buyer, you remove the probability of a buyer suing you using the "had I known" complaint. In answer to your question about minimizing "this dark cloud" that's over the townhouse, you are exempted by
Texas law from having to complete the
Seller's Disclosure Notice if you are the executor of your mother's will. However, please do check with an attorney knowledgeable in such matters before you make a decision not to provide the
disclosure even if you are the executor. When in doubt, disclose.
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