The Flood Was in the Agent Remarks. Then It Wasn't.
A listing comes off the market and goes back on months later. Most of the details carry over. Some don't. A Texas licensing order is a reminder that what one document says about a home should match what the others say.
What the Commission found
In an agreed order, the Texas Real Estate Commission found that a seller's disclosure notice didn't mention that the home had flooded. The listing broker's first MLS listing included an agent remark: 'Had about [an] inch of water downstairs with Harvey.'
When the home was relisted months later, the flooding information wasn't there. According to the order, after moving in, the buyers found significant flooring issues tied to the earlier flooding.
The broker neither admitted nor denied the findings and agreed to a reprimand, an administrative penalty and 30 hours of real estate law coursework.
Rules differ by state, and Texas law doesn't govern California transactions. But the practice point travels: what the agent remarks, the old listing and the disclosures say should line up. When one document knows something the others don't, that gap is worth a question before closing.
How information falls out between versions
Relistings get rebuilt quickly. Remarks get rewritten, photos get swapped, and the disclosure form may be filled out at a different time than the listing. A detail that was in one version can quietly drop out of the next without anyone deciding to leave it out.
Details like these are easy to miss when you're comparing several versions of the same file.
Questions worth asking across documents
Does the disclosure mention everything the earlier listings, agent remarks or reports mention? Did a past event, like flooding, show up in one place but not another? Is there anything in an older document your client should ask about before they remove contingencies or close?
These aren't legal questions. They're the kind of plain-English questions a careful second read can raise, so your client can take them to the right professional.
What's at stake
Missed details can turn into disputes after closing. In this case, the buyers found flooring issues after move-in, and the result was a licensing action. Most clients would much rather understand the paperwork up front.
How House Owl helps
Real estate documents are full of hidden risks. House Owl reviews your disclosures and walks your client through what we find (you're invited to join), so they can close with more confidence and understand what they're signing.
A simple plan for your next escrow
1. Book a free 30-minute Learn More call.
2. We review your disclosures and transaction documents for inconsistencies and red flags.
3. Your client gets a recorded Zoom walkthrough of what we found, and you're invited to join, so you and your client can close with more confidence.
An independent second read of your disclosures and transaction documents, with the walkthrough saved as a video recording. We can send a quick recap after the review, and if something needs your attention, we reach out to you directly.
Jason Piske has worked in California real estate since 2016 and offers disclosure-risk training to brokerages. The fee is $995 per side, paid at close of escrow, with nothing up front. You can see how it works on our Services page and get quick answers in our FAQ. Payment terms are in our Terms.
Close with more confidence
When the remarks, the listings and the disclosures tell the same story, your client can understand what they're signing.
A second set of eyes on your disclosures.
For more information, book a free 30-minute Learn More call.
Sources
General information, not legal advice. House Owl is an independent document review service, not a law firm, real estate brokerage or home inspector. Owner Jason Piske is a California real estate licensee (DRE 02004501), but in a House Owl review he doesn't act as anyone's agent or represent any party.
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