Brokerage & Agency

Material Defect

A known defect in a property's condition that must be disclosed, and which confidentiality does not cover.

Quick flashcard

What does Material Defect mean on the Texas real estate exam?

Answer: A known defect in a property's condition that must be disclosed, and which confidentiality does not cover.

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Material Defect definition

A material defect is a known problem with the condition of the property significant enough to affect a reasonable party's decision. Disclosure of a known material defect is owed to all parties, including a customer the license holder does not represent.

In intermediary practice the point is sharper still: Sec. 1101.651(d)(3)(C) carves information materially relating to the condition of the property out of the confidentiality prohibition.

Source basis

Definition checked against the official sources below on .

On the exam

The exam pairs this with confidential information. Motivation and bottom line are protected; property condition is disclosed.

Exam trap

Assuming a client's instruction not to mention a defect controls. It does not.

Tested in

Texas Agency & Intermediary (11 of 40 Texas State Law)

From definition to recall

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This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.