Two of my listings involve homes that may have a registered sex offender living nearby. There is a sex-offender sign in the yard of a property about two blocks from one of these listings. A neighbor of the owner of the other home sent us a flier describing the sex offender and where he lived. What disclosures are we or our clients required to make about this information?

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  • Two of my listings involve homes that may have a registered sex offender living nearby. There is a sex-offender sign in the yard of a property about two blocks from one of these listings. A neighbor of the owner of the other home sent us a flier describing the sex offender and where he lived. What disclosures are we or our clients required to make about this information?

Article 62.056(e) of the Texas Code of Criminal Procedures provides that an owner of residential real property or any broker or salesperson in a residential real estate transaction shall have no duty to make a disclosure to a prospective buyer or tenant about a registered sex offender. Under this provision of the law, neither you nor the owners of the properties would have a duty to disclose any information that you know about registered sex offenders. However, since it is quite likely that prospective buyers will find out about this information from neighbors or other sources, the listing agent may consider some innocuous method of getting this information to agents for prospective buyers. There are some buyers who might be very disturbed about this information and not want to purchase the property. Some may even breach an existing contract by refusing to close. The seller is better off not being involved at all with this type of buyer. Other buyers might consider this as only one small consideration in their evaluation of the home for possible purchase.

Source: TAR

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