Environmental Assessment, Threatened or Endangered Species,and Wetlands Addendum (28-2) Disclosure of Relationship with Residential Service Company(RSC-2) Depending on the terms of the contract, the addenda may or may notapply. ____________________________________________________________ Unit 11: Contingencies, Amendments, and Addenda 421
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Texas Real Estate Consumer Notice Concerning Recognized Hazards or Deficiencies (OP-I) The TREC OP-I form is approved for voluntary use by real estate agents toinform potential buyers about possible hazardous conditions on theproperty and to have the property inspected. Many properties do not meet the Standards of Practice as established bythe Texas Real Estate Commission. Quoting from this notice: While the TREC Standards of Practice do not require inspectorsto perform a code compliance inspection, TREC considers thepotential for injury or property loss from the hazards addressed inthe Standards of Practice to be significant enough to warrant thisnotice. TREC-licensed inspectors are required to identify items as deficientalthough they may have complied with the building code when theproperty was built. The parties to the transaction are under no obligationto correct these situations. The intent of this notice is to make theconsumer aware that there are potential hazards. Examples of Hazards Addressed in the OP-I Form Improperly installed or missing ground fault circuit protection(GFCI) devices for electrical receptacles in garages, bathrooms,kitchens, and exterior areas Improperly installed or missing arc fault protection (AFCI)devices for electrical receptacles in family rooms, dining rooms,living rooms, parlors, libraries, dens, bedrooms, sunrooms,recreations rooms, closets, hallways, or similar rooms or areas Ordinary glass in locations where modern constructiontechniques call for safety glass The lack of fire safety features such as smoke alarms, fire-rateddoors in certain locations, and functional emergency escape andrescue openings in bedrooms Excessive spacing between balusters on stairways and porches Improperly installed appliances Improperly installed or defective safety devices Lack of electrical bonding and grounding Seller’s Disclosure of Property Condition Section 5.008 of the Texas Property Code requires all sellers (regardless ofwhether a licensee is involved in the sale or not) of single-family homes toprovide buyers with the Seller’s Disclosure of Property Condition. Thisnotice is a detailed statement that explains what the seller knows about thecondition of the property. ____________________________________________________________ Unit 11: Contingencies, Amendments, and Addenda 422
The promulgated TREC form is a voluntary form that is provided to thebuyer prior to making an offer, or within so many days (per the purchasecontract) after acceptance of the offer. Although the TREC-approved formis optional, it is mandatory that aSeller’s Disclosure of Property Conditionthat meets the Texas Property Code requirements be given to the buyer.
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