If a home has not been lived in, under what circumstance may a seller not provide a disclosure?

When a home has not been lived in, a seller may not be required to provide a disclosure if the sale is by a builder. This is often based on the fact that new homes sold by a builder typically come with a warranty and the builder has knowledge of the property's condition because it was constructed recently. Statutory requirements for disclosure may vary based on the nature of the transaction and local laws, which often allow builders to limit their liability regarding the disclosure of prior issues that may not be applicable to new constructions.

In many jurisdictions, including Texas, sellers of homes that have been newly constructed or have not been lived in have different obligations compared to sellers of used or previously occupied properties. Since the builder is the first owner, they may have limited knowledge of issues that would typically be disclosed in a resale situation, thus changing the landscape of disclosure requirements.

This specificity is why the other options are less relevant. Not all fixer-uppers are exempt from disclosure obligations, as the condition of the home doesn't negate the need for transparency about any known issues. A seller's discretion does not suffice legally; there are established rules governing disclosures. Similarly, during a rental agreement phase, the home being rented does not inherently alter the disclosure requirements for the sale of