Do I need to disclose any potential issues beyond my property when selling my home?

[mathura_prasad]

What is the name of your state? Texas

Hello,
I live in a lakefront home. The slope between the lake and the property line has sloughed a little bit creating uneven slope. There was an engineering study funded by Home Owerners Association to find a broken storm sewer on the lake bank. As a part of their study to find why the storm sewer failed, the engineering firm indicated that the lake bank slope may be too steep for the kind of soil in our area and it may eventually cause slope failure. We got the home inspected by the builder and they wrote to us that "whatever is happening on the slope beyond our property line has no structural impact to the home at this time. The home is still under 10 year structural warranty". The broken storm sewer has been fixed since then and we have 4.5 years left on the 10 year warranty.

There is a general concern among the neighbors living on the lake about engineering firm's findings about stability of the slope. Please note that the study was funded by Home Owerner's Association and the results were communicated to the residents around the lake.

My questions are, that at the time of selling my home -
- do I need to disclose the study results ?
- do I need to disclose that sloughing occurred on the lake bank ?

There is no place on the disclosure form to mention anything that's beyond the property line.

[BelizeBreeze]

If you have lakefront access or an easement to the lake that will be directly affected by the potential failure, then you would be safer in the long run to disclose the study.

[mathura_prasad]

Thank you very much for your response.
No, I don't have access or any kind of easement to the lake. My concern was just about if the knowledge of slope sloughing and the existence of a study suggesting that the slope is prone to failure will amount to disclosable "material facts" ?

Thanks again

[HomeGuru]

Originally Posted by mathura_prasad

What is the name of your state? Texas

Hello,
I live in a lakefront home. The slope between the lake and the property line has sloughed a little bit creating uneven slope. There was an engineering study funded by Home Owerners Association to find a broken storm sewer on the lake bank. As a part of their study to find why the storm sewer failed, the engineering firm indicated that the lake bank slope may be too steep for the kind of soil in our area and it may eventually cause slope failure. We got the home inspected by the builder and they wrote to us that "whatever is happening on the slope beyond our property line has no structural impact to the home at this time. The home is still under 10 year structural warranty". The broken storm sewer has been fixed since then and we have 4.5 years left on the 10 year warranty.

There is a general concern among the neighbors living on the lake about engineering firm's findings about stability of the slope. Please note that the study was funded by Home Owerner's Association and the results were communicated to the residents around the lake.

My questions are, that at the time of selling my home -
- do I need to disclose the study results ?

**A: yes/
********
- do I need to disclose that sloughing occurred on the lake bank ?

**A: yes/
*******

There is no place on the disclosure form to mention anything that's beyond the property line.

**A: then common sense says attach another type or handwritten page.