A toilet bubbles, a plumber clears the line, a septic crew adds a lid. Once it is paid for, most owners call it done. Texas Property Code section 5.008 asks something narrower when the house is sold: what the seller knows on the day the disclosure notice is signed, including about plumbing, sewers, septic systems and improper drainage.
In one Tarrant County sale, a jury found that sellers who marked no on those items knew better. On November 27, 2019, the Second Court of Appeals of Texas in Fort Worth, in No. 02-18-00105-CV, upheld that verdict and trimmed actual damages from $29,320 to $28,370.
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What actually happens
The sellers bought the house, which had an aerobic septic system, in January 2012. Their own pre-purchase septic report noted poor maintenance…