Do I have to file a Disclosure?

[mark_simmons_tx]

What is the name of your state? Texas

I recently bought a house at the foreclosure auction on the first Tuesday of the month. Do I have to fill out a Seller's disclosure if I immediately turn around and sell this property? I'm asking because I've never lived in it, so I don't really know everything about it.

I'm thinking that I might be considered "a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure" as discussed below, in item (e)(4).

I noticed that nobody else that flips the house from the auction fills out a Seller's Disclosure. That's another reason I was thinking that I should just leave this out.

I plan to sell it "AS-IS, WHERE-IS", with no disclosure, just like HUD, FMHA, etc... (I believe this is the correct course of action on my part.)

Pasted from the Texas property code (TITLE 2. CONVEYANCES, Chapter 5, § 5.008)...

(e) This section does not apply to a transfer:
(1) pursuant to a court order or foreclosure sale;
(2) by a trustee in bankruptcy;
(3) to a mortgage by a mortgagor or successor in
interest, or to a beneficiary of a deed of trust by a trustor or
successor in interest;
(4) by a mortgagee or a beneficiary under a deed of
trust who has acquired the real property at a sale conducted
pursuant to a power of sale under a deed of trust or a sale pursuant
to a court ordered foreclosure or has acquired the real property by
a deed in lieu of foreclosure;
(5) by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust;
(6) from one co-owner to one or more other co-owners;
(7) made to a spouse or to a person or persons in the
lineal line of consanguinity of one or more of the transferors;
(8) between spouses resulting from a decree of
dissolution of marriage or a decree of legal separation or from a
property settlement agreement incidental to such a decree;
(9) to or from any governmental entity;
(10) transfers of new residences of not more than one
dwelling unit which have not previously been occupied for
residential purposes; or
(11) transfers of real property where the value of any
dwelling does not exceed five percent (5%) of the value of the
property.

[PghREA]

If your state requires a property disclosure, then yes you will have to provide one even if you never lived in the property.