Seller guide · 6 min read
The Texas Seller's Disclosure Notice, explained.
Sellers worry that disclosing problems will kill the sale. In practice, hiding them is what causes trouble. Here's what the form asks, who has to provide it, and how it works with an as-is sale.
The rule
Who must provide it
Texas Property Code §5.008 requires the seller of a residential property with no more than one dwelling unit to give the buyer a written notice of the property's condition, on or before the effective date of the contract. TREC publishes a form that meets the statute; many agents use a slightly longer Texas REALTORS® version. The notice must be completed to the best of the seller's knowledge as of the date it's signed.
Exemptions include transfers under a court order or foreclosure, by a trustee in bankruptcy, from one co-owner to another, between spouses in a divorce, to or from a governmental entity, of a new home, and certain transfers by an estate's executor or administrator. Exempt or not, knowingly concealing a defect can still be fraud.
What it asks
The main sections
Items and systems
Which appliances and systems the house has and whether any are known not to be working.
Defects and malfunctions
Known problems with the roof, foundation, walls, plumbing, electrical, HVAC, windows, and more.
Conditions
Termites, prior termite treatment, water penetration, prior flooding, fire damage, asbestos, lead-based paint (pre-1978), radon, unpermitted work, and more.
Flooding and insurance
Whether the property is in a 100-year or 500-year floodplain or reservoir, whether it has flooded, whether you carry flood insurance, and whether you've received FEMA or SBA disaster assistance — expanded after Hurricane Harvey.
Repairs and lawsuits
Prior repairs to disclosed conditions, and any lawsuits or notices affecting the property.
HOA and other
Homeowners' association membership and fees, common areas, and known code violations.
If you leave something out
What can go wrong
If the buyer doesn't receive the notice before the contract's effective date, the buyer can terminate within seven days of receiving it. More seriously, a buyer who discovers a known, undisclosed defect after closing can bring claims under the Texas Deceptive Trade Practices Act or for fraud, with the disclosure form as evidence of what you said you knew.
You aren't required to investigate or guarantee anything. You're required to be honest about what you know. "Unknown" is an acceptable answer when it's true.
As-is sales
How disclosure works when you sell as-is
"As-is" and "disclosure" aren't in conflict. As-is means the buyer accepts the condition and you won't make repairs; disclosure means you tell the buyer what you know about that condition. When you sell to us, we'll walk the property before our offer and ask the same questions the form asks, so there's nothing left to negotiate later. A candid disclosure actually protects you in an as-is sale: the buyer can't later claim they didn't know.
Practical tips
Filling it out
- Do it early, before you accept any offer — it's required on or before the contract date
- Answer from your own knowledge; don't guess, and don't hide
- Attach prior inspection reports, repair invoices, foundation warranties, and insurance claim records if you have them
- For inherited property where you never lived in the house, say so and answer what you know; ask the title company whether an exemption applies
- Keep a signed copy — it's your record of what you disclosed
FAQ
Questions sellers ask
Do I have to disclose that the house flooded years ago?
Yes, if you know it did. The form specifically asks about prior flooding, and post-Harvey changes expanded the flood questions.
I inherited the house and know nothing about it. What do I write?
Answer honestly — "unknown" where that's true — and note that you never occupied the property. Some estate transfers are exempt; the title company can confirm.
Does selling to a cash buyer skip the disclosure?
No. The statute applies regardless of buyer type unless an exemption applies. We ask for it in every purchase.