Material Fact
A fact that affects the value or desirability of property and that a license holder must disclose if it is not readily observable.
A material fact is information that would affect a reasonable buyer's decision or the value of the property. In Texas, a license holder must disclose known material defects that are not readily observable, and a seller of most residential property must complete the statutory Seller's Disclosure Notice. Failing to disclose a known material defect can also support a claim under the Deceptive Trade Practices Act.
The duty to disclose known material defects runs to both clients and customers. Some matters are not treated as material facts requiring disclosure under Texas law: for example, a prior occupant's death on the property by natural causes, suicide, or an accident unrelated to the property's condition, or that a previous occupant had a condition not transmitted through occupancy of the property (Texas Property Code Sec. 5.008(c)).
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- Seller's Disclosure Notice
The statutory Texas form on which a seller of most residential property discloses the property's known condition to the buyer.
- Deceptive Trade Practices Act (DTPA)
The Texas consumer-protection statute that gives a consumer remedies for false, misleading, or deceptive acts, including in real estate.
- Fiduciary Duties
The full duties of trust a broker owes a client, often memorized with the mnemonic OLD CAR.
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.