If an agent cannot obtain a completed seller's disclosure, what can the buyer do?

In Texas real estate transactions, if an agent is unable to obtain a completed seller's disclosure, the buyer has the option to make an offer and request the notice later. This approach allows buyers to proceed with their interest in the property while still emphasizing the importance of obtaining the seller's disclosure.

The seller's disclosure statement is a crucial document that outlines the condition of the property and any known issues. However, if it is not immediately available, it does not mean the buyer has to abandon their potential purchase or cancel their offer outright. By choosing to make an offer first, buyers can maintain their position in the transaction, showing intent to negotiate while leaving room for necessary disclosures to be provided before completing the transaction.

In contrast, canceling the offer immediately might lead to missed opportunities in securing the desired property. Withdrawing from the transaction may also result in losing out on a favorable deal. Waiting for the seller to provide the notice without taking any action puts the buyer in a passive position and can delay the process, potentially allowing other interested buyers to take advantage of the situation. Thus, making an offer and requesting the disclosure later strikes a balance between expressing interest and ensuring that due diligence regarding property conditions is still performed.