What action can be taken if the buyer does not receive a seller disclosure notice?

If the buyer does not receive a seller disclosure notice, the buyer has the right to terminate the contract. Under Texas law, particularly as outlined in the Texas Property Code, sellers are required to provide buyers with a disclosure notice that details the condition of the property. This notice is essential for the buyer to make an informed decision regarding the purchase. The failure of the seller to provide this disclosure notice not only places the buyer at a disadvantage but also can be interpreted as a breach of the seller's obligations in the contract.

By terminating the contract, the buyer safeguards their interests, as moving forward without the necessary disclosures could lead to unforeseen problems after the purchase. Additionally, having the right to terminate the contract emphasizes the importance of transparency in real estate transactions in Texas and protects buyers from potential liabilities associated with undisclosed issues in the property.

Other potential actions such as negotiating for a better deal, filing a complaint with the Texas Real Estate Commission, or moving forward with the purchase do not align with the buyer's rights under the circumstances where required disclosures are not provided. These options do not provide the buyer the legal remedy needed to protect their interests effectively.