I wrote a while back about a new law imposing a mandatory two day grace period for landlords in Texas, which will cause tenants to pay more in late fees that they currently do – exactly the opposite of what the author of the bill intended. Now we have a new law that is equally as stupid and will serve no purpose other than to make real estate transactions more complicated and confusing.
At present, a Seller in Texas has no obligation whatsoever to make any repairs or improvements to a property being sold. It doesn’t matter if it’s out of code, falling down, roof leaks, etc. All property is sold as-is except for those repairs agreed to in writing between a buyer and seller.
House Bill 2118, which goes into effect Sept 1, 2007, creates several new points of which Sellers and their agents need to be aware. I’m going to discuss the main effects these will have on the home buying selling and process.
The new law says that Sellers may be required to install smoke detectors for the hearing impaired. If the new purchaser or a member of their family is hearing impaired and asks the seller to do so as part of the contract the seller will be required to install new smoke detectors. The buyer must request this in writing within the first 10 days of the contract and have a letter from a physician. The expense is negotiable between the buyer and seller.
Lest I appear to be hostile toward the hearing impaired, let me just say that I’d make the same arguments I’m going to make if a new law required hand rails at tubs and showers for elderly buyers, or required sellers to install wheel chair ramps for the mobility impaired. The point is, if a buyer has a special need or requirement of their new home, they are free and welcome to make those changes after they own the home and at their own expense.
So let’s break this one down.
You are a seller and you receive an offer on your home. Within 10 days of the effective date, you receive a written notice from the buyer requesting that you install smoke detectors equipped for the hearing impaired.