Complete Guide to Seller Disclosures in Texas (2026)

Updated April 4, 2026 30 min read
Single-story ranch home in an Austin Texas neighborhood with mature trees

What Texas Sellers Are Legally Required to Disclose in 2026

Texas Property Code Section 5.008 requires every seller of a previously occupied single-unit residential property to deliver a written Seller’s Disclosure Notice to the buyer. The penalty for skipping it: lawsuits under the Texas Deceptive Trade Practices Act that can result in treble damages (three times the actual cost of repairs), plus attorney’s fees. In Travis County alone, real estate disclosure disputes accounted for roughly 12% of all residential litigation filed in 2025, according to district court records.

The disclosure covers everything from foundation cracks to termite history to whether the roof has ever leaked. It is not a warranty or a guarantee. It is a snapshot of what the seller knows, or should know, about the condition of the property on the date the form is signed. And in Texas, “I didn’t know” is not always a defense. Courts have consistently ruled that sellers cannot claim ignorance of defects that a reasonable homeowner would have noticed.

According to the Texas Real Estate Commission (TREC), the current Seller’s Disclosure Notice form underwent its most recent update cycle in early 2026, with proposed changes addressing water rights, insurance coverage, and standby generators. Those changes, once adopted, will expand the form’s scope beyond what most sellers expect. This guide walks through every section of the disclosure, what the law actually requires, who is exempt, what happens when sellers lie or omit, and how to protect yourself on either side of the transaction.

Ed Neuhaus, broker of Neuhaus Realty Group, puts it simply: “The disclosure form is the single most important document in a Texas real estate transaction after the contract itself. I’ve seen deals fall apart because a seller checked the wrong box, and I’ve seen buyers inherit $40,000 foundation problems because they didn’t read the disclosure carefully enough.”

Single-story ranch home in an Austin Texas neighborhood with mature trees
Understanding what must be disclosed starts with knowing the condition of every major system in the home

The Legal Foundation: Texas Property Code Section 5.008

Section 5.008 of the Texas Property Code is the statute that created the seller’s disclosure requirement. It applies to the sale of any residential real property comprising not more than one dwelling unit. That includes single-family homes, condos, townhomes, and duplexes (if the seller occupies one unit).

The statute sets a clear standard: the notice must be completed “to the best of seller’s belief and knowledge as of the date the notice is completed and signed by the seller.” If the seller genuinely does not know the answer to a question on the form, marking “Unknown” satisfies the legal requirement. But marking “Unknown” on items the seller clearly should know about (like whether the roof leaked during a storm that caused visible water stains on the ceiling) can be treated as misrepresentation in court.

The law does not require sellers to hire inspectors or conduct investigations. It requires honesty about what they already know. That distinction is critical. A seller who never went into the attic is not required to inspect the attic. But a seller who watched water pour through the attic during every heavy rain and then marked “No” next to “Are you aware of any water damage?” has committed fraud.

When the Disclosure Must Be Delivered

Texas law does not specify an exact deadline for delivering the disclosure. However, the standard Texas Real Estate Commission contract (TREC 20-17) requires the seller to deliver the disclosure “within the time specified in the contract.” Most contracts set this at 5 to 7 days after the effective date. If the seller fails to deliver the disclosure on time, the buyer has the right to terminate the contract and receive a full refund of their earnest money.

In practice, the disclosure should be provided before or at the time of contract execution. Many listing agents include the completed disclosure in the MLS listing documents so that buyers can review it before making an offer. This approach reduces the risk of post-contract surprises and builds trust with potential buyers.

TREC Seller’s Disclosure Notice: Section-by-Section Breakdown

The TREC Seller’s Disclosure Notice (Form OP-H) is a multi-page document divided into clearly labeled sections. Each section addresses a different category of property condition. Here is what every section covers and what sellers need to pay attention to.

Section 1: Property Information

This section captures the basics: property address, whether the seller currently occupies the home, and how long the property has been vacant if the seller has moved out. Vacancy duration matters because a home that has been empty for 6 months or more may have developed issues (frozen pipes, pest infestations, moisture buildup) that the seller may not be aware of.

Section 2: Improvements and Equipment

This is the longest section on the form. It asks sellers to identify which equipment, fixtures, and features are present on the property and whether they are in working condition. The list includes:

  • Range/stove, oven, microwave, dishwasher, trash compactor, disposal
  • Washer/dryer hookups and connections
  • Window screens, security system, fire detection equipment
  • Carbon monoxide detectors, smoke detectors
  • Intercom system, TV antenna, cable TV wiring
  • Ceiling fans, attic fans, exhaust fans
  • Central air conditioning and heating systems
  • Plumbing system, water heater (gas or electric)
  • Garage door openers and number of controls
  • Pool, spa, hot tub, sauna
  • Sprinkler system (automatic and manual)
  • Satellite dish, outdoor grill (gas or electric)
  • Generators (added in the 2026 proposed update)
  • Water softener (owned or leased), water filtration

For each item, the seller must indicate whether it is present and whether it is in working condition. “Working condition” means the item functions for its intended purpose. A dishwasher that runs but does not clean dishes is not in working condition.

Section 3: Structural Items

This section asks about the condition of the property’s major structural components:

Structural Component What Sellers Must Disclose
Foundation Cracks, settling, movement, previous repairs, engineer reports
Walls (interior and exterior) Cracks, bowing, water damage, stucco issues
Roof Age, material, leaks, repairs, insurance claims, hail damage
Floors Unevenness, squeaking, water damage, material condition
Ceilings Water stains, cracks, sagging
Doors and windows Operation, seals, broken glass, rot
Basement/crawlspace Water intrusion, moisture, structural support

Foundation disclosure is particularly important in Central Texas. The region’s expansive clay soils (specifically the Houston Black Clay and Taylor Clay formations) cause more foundation movement than almost anywhere else in the country. According to the Texas Department of Insurance, foundation repair is one of the most common homeowner insurance claims in the state, though most policies exclude it. If a seller has had foundation work done, they must disclose the work, the company that performed it, and whether a transferable warranty exists.

Section 4: Environmental Hazards

Sellers must disclose their knowledge of any environmental hazards on or affecting the property. Specific items include:

  • Asbestos (common in homes built before 1980)
  • Lead-based paint (homes built before 1978 require a separate federal disclosure)
  • Urea formaldehyde insulation
  • Radon gas
  • Toxic or hazardous waste
  • Underground storage tanks
  • Previous use of the property as a methamphetamine lab

The methamphetamine lab disclosure is often overlooked, but Texas Health and Safety Code Chapter 443 requires it. Properties that have been used for drug manufacturing can have contamination in walls, ventilation systems, and flooring that poses serious health risks. The Texas Department of State Health Services maintains a registry of known contaminated properties.

Section 5: Flooding and Water Intrusion

This section has become increasingly important in Central Texas. Sellers must disclose:

  • Whether the property has ever flooded
  • Whether the property is located in a 100-year floodplain
  • Whether the property is located in a 500-year floodplain
  • Whether flood insurance is currently in effect
  • Any water penetration in the home from any source
  • Previous water damage and remediation

After the 2018 and 2023 flood events in Central Texas, this section carries serious weight. FEMA updated floodplain maps for Travis, Williamson, and Hays counties in 2024, and many properties that were previously outside the floodplain are now within it. Sellers should check updated FEMA maps before completing this section. A seller who experienced flooding and fails to disclose it faces not just DTPA claims but potential common-law fraud claims, which carry no cap on damages.

Real estate disclosure paperwork and documents on a wooden desk with a pen and reading glasses
The TREC Seller’s Disclosure Notice covers structural, environmental, and mechanical aspects of the property

Section 6: Previous Repairs and Modifications

Sellers must disclose any repairs, modifications, or additions made to the property. This includes:

  • Room additions or structural changes
  • Repairs to the foundation, roof, plumbing, or electrical system
  • Whether permits were obtained for the work
  • Whether the work was performed by licensed contractors

Unpermitted work is one of the most common disclosure issues in Austin. The city’s permitting process has historically been slow and expensive, leading many homeowners to complete additions, garage conversions, and bathroom remodels without permits. While the seller is not required to have obtained permits to sell the property, they are required to disclose that the work was done without permits. Buyers can then factor this into their offer price and due diligence.

Section 7: Conditions Affecting the Property

This catch-all section covers external factors that affect the property:

  • Deed restrictions or restrictive covenants
  • Pending lawsuits or liens against the property
  • Boundary disputes or encroachments
  • Shared driveways, fences, or walls
  • Known soil conditions or drainage problems
  • Subsurface conditions (caves, mine shafts)
  • Easements (utility, access, conservation)
  • Previous fire or casualty damage

In the Hill Country west of Austin, subsurface conditions are a real concern. The Edwards Plateau sits on top of karst limestone formations riddled with caves, sinkholes, and underground streams. Properties in areas like Bee Cave, Lakeway, and Dripping Springs may sit above active cave systems. If the seller knows about any subsurface features, they must be disclosed.

HOA and Property Owners’ Association Disclosures

If the property is located within a homeowners association (HOA) or property owners’ association (POA), Texas law imposes additional disclosure requirements beyond the standard seller’s disclosure form.

What Must Be Disclosed About the HOA

Under Texas Property Code Section 5.012, the seller must provide written notice that the property is subject to a mandatory membership in a property owners’ association. The notice must include:

  • The name and address of the HOA
  • The amount of current regular assessments (monthly or annual dues)
  • Any pending special assessments
  • Whether there are any unpaid assessments on the property
  • Whether the seller is aware of any violations
  • Contact information for obtaining the HOA’s governing documents

The HOA Resale Certificate

Under Texas Property Code Section 207.003, a buyer (or seller on behalf of the buyer) can request a resale certificate from the HOA. The association must provide it within 10 business days. The resale certificate includes:

Document What It Reveals
Financial statements Reserve fund balance, operating budget, pending assessments
Governing documents (CC&Rs) Rules, architectural standards, rental restrictions
Assessment schedule Current dues, any planned increases, special assessments
Insurance certificate Master policy coverage (especially for condos)
Violation history Any outstanding violations on the specific property
Litigation status Any pending or threatened lawsuits involving the HOA

The cost of a resale certificate varies by HOA but is capped at $375 in Texas. Most associations charge between $150 and $375. Who pays (buyer or seller) is negotiable, though the seller typically covers this cost in the Austin market.

Additional Required Disclosures Beyond the TREC Form

The TREC Seller’s Disclosure Notice is not the only disclosure document Texas sellers may need to provide. Depending on the property’s location and characteristics, several additional disclosures may be required.

Lead-Based Paint Disclosure (Federal Requirement)

Federal law (the Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before January 1, 1978, to:

  • Disclose any known lead-based paint or lead-based paint hazards
  • Provide a copy of the EPA pamphlet “Protect Your Family From Lead in Your Home”
  • Allow the buyer a 10-day period to conduct a lead inspection (unless waived)
  • Sign the TREC Lead-Based Paint Addendum (TREC form)

Penalties for non-compliance are severe. The EPA can impose fines up to $19,507 per violation. In Austin, homes in neighborhoods like Hyde Park, Travis Heights, Clarksville, and parts of South Austin are most likely to fall under this requirement due to their pre-1978 construction dates.

MUD and Special Taxing District Notice

Properties located within a Municipal Utility District (MUD), Public Improvement District (PID), or other special taxing district require a specific disclosure notice. Texas Water Code Chapter 49 mandates that sellers provide buyers with notice about:

  • The name of the district
  • Current tax rate
  • Outstanding bonds and obligations
  • Whether the district is fully developed or still building infrastructure

This disclosure must be delivered before the buyer executes the contract or as an addendum at the time of contract execution. HB 2815 and HB 2816 (effective 2023) significantly expanded these requirements, and TREC adopted a standardized form (TREC Form 59-0) in February 2024.

In the Austin metro, MUDs and PIDs are common in newer master-planned communities in Manor, Pflugerville, Hutto, Kyle, and Buda. MUD tax rates can add 0.5% to 2.0% to the total property tax rate. For a $400,000 home, that translates to $2,000 to $8,000 per year in additional taxes. This is not optional disclosure. Failing to deliver it gives the buyer the right to terminate the contract.

Coastal Area and Windstorm Insurance Disclosure

While not directly applicable to Austin, sellers in Texas coastal counties (Galveston, Harris, Brazoria, and others within the Texas Windstorm Insurance Association territory) must disclose windstorm insurance information. The 2026 proposed TREC updates expand this to require disclosure of whether the seller has been unable to obtain insurance for any reason, a change that will affect sellers statewide.

Water Rights Disclosure (New for 2026)

TREC proposed a new standalone form (TREC No. 61-0) in early 2026 that requires sellers to disclose what they know about groundwater and surface water rights on their property. This form covers:

  • Whether the property is in a Groundwater Conservation District
  • Whether there are water wells on the property
  • Whether surface water rights have been permitted or claimed
  • Any water use agreements or restrictions

This is especially relevant for properties in the Hill Country, where water availability is a growing concern. The Barton Springs/Edwards Aquifer Conservation District, the Hays Trinity Groundwater Conservation District, and the Southwestern Travis County Groundwater Conservation District all regulate groundwater use in the greater Austin area.

Who Is Exempt from Providing a Seller’s Disclosure?

Texas Property Code Section 5.008 lists specific exemptions. If any of the following apply, the seller is not required to provide the standard disclosure form. However, exemption from the form does not exempt the seller from liability for fraud or intentional concealment of known defects.

Exemption Category Details Still Liable for Fraud?
Foreclosure sale Transfer from mortgagor to mortgagee, or subsequent sale by the foreclosing lender Yes
Fiduciary sale Executor, administrator, guardian, conservator, or trustee acting in fiduciary capacity Yes
Court-ordered sale Transfers ordered by a court (divorce, bankruptcy, partition) Yes
Government sale Transfers by a government entity Yes
New construction Sale by a builder who has never occupied the home (builder warranty applies instead) Yes
Transfer to relative Transfers between spouses or to direct relatives Yes
Transfer to co-owner Transfer between co-owners Yes
Vacant land Property where the dwelling value does not exceed 5% of total property value Yes

Note the rightmost column. Every single exemption still carries liability for intentional fraud or concealment. A bank selling a foreclosed home does not need to fill out the TREC disclosure form, but if the bank’s asset manager knows the basement floods and actively conceals that information, the bank can still be sued. The exemption protects against the statutory obligation to provide the form. It does not create a license to lie.

The “As Is” Clause: What It Does and Does Not Protect

One of the most misunderstood concepts in Texas real estate is the “as is” clause. Many sellers (and some agents) believe that selling a home “as is” eliminates the duty to disclose. It does not.

The TREC Seller’s Disclosure Notice includes a checkbox that states the property is being sold “as is.” When checked, it means the seller will not make repairs based on the inspection. It does not mean the seller is exempt from disclosing known defects. Texas courts have been clear on this point in multiple rulings.

Here is what “as is” actually means in Texas:

  • What it does: Signals to the buyer that the seller will not negotiate repairs. The buyer accepts the property in its current condition.
  • What it does NOT do: Exempt the seller from disclosing known material defects. If the seller knows the HVAC system is failing and marks “working condition” on the disclosure, the “as is” clause will not protect them from a lawsuit.

In the landmark case Prudential Insurance Co. of America v. Jefferson Associates, the Texas Supreme Court held that an “as is” clause can be voided if the seller actively concealed a known defect. The Court reasoned that “as is” assumes the buyer has an opportunity to discover defects through inspection, and concealment undermines that opportunity.

Rolling green hills of the Texas Hill Country west of Austin with a modern home featuring stone accents and metal roof
Hill Country properties often require additional disclosures for wells, septic systems, and water rights

What Sellers Cannot Be Required to Disclose

Texas law explicitly protects sellers from certain types of disclosure inquiries. Under Section 5.008, a seller has no duty to disclose:

  • Deaths on the property from natural causes, suicide, or accidents unrelated to the property’s condition
  • Previous occupant’s health status, including HIV/AIDS status or any other medical condition
  • Proximity to registered sex offenders (this is publicly available information buyers can research independently)
  • Proximity to certain facilities that may be considered undesirable (landfills, airports, etc.) unless the seller has specific knowledge of contamination affecting the property

The death disclosure exemption applies regardless of how recent the death occurred. A seller whose spouse passed away in the home last month is not required to disclose that fact. However, if the death resulted from a condition of the property (carbon monoxide leak, structural collapse, electrocution from faulty wiring), the underlying property condition must be disclosed even though the death itself need not be.

What Happens When Sellers Lie or Omit Information

Failure to disclose known defects opens the seller to multiple legal claims. The statute of limitations in Texas is four years from the date the buyer discovers (or should have discovered) the defect, not four years from the closing date. This distinction matters because some defects take years to manifest.

Legal Claims Available to Buyers

Claim Type What the Buyer Must Prove Potential Damages
Texas DTPA (Deceptive Trade Practices Act) Seller made a false or misleading representation that the buyer relied on Actual damages + attorney’s fees; treble damages if intentional
Statutory fraud (TX Bus. & Com. Code 27.01) Seller made a false representation of material fact regarding the transaction Actual damages + court costs + attorney’s fees
Common law fraud Seller made a material misrepresentation, knew it was false, intended for the buyer to rely on it Actual damages + exemplary (punitive) damages
Negligent misrepresentation Seller supplied false information in a transaction where they had a duty of care Actual damages
Rescission The misrepresentation was so material that the transaction should be unwound Full refund of purchase price and associated costs

The DTPA claim is the most powerful tool for buyers because it allows recovery of attorney’s fees (which can exceed the actual damage amount in smaller claims) and treble damages for knowing or intentional conduct. A seller who knowingly conceals a $15,000 foundation problem could face $45,000 in damages plus $20,000 or more in the buyer’s attorney’s fees.

Real-World Examples of Disclosure Failures

These scenarios are based on common Texas disclosure disputes:

The hidden foundation repair. A seller had $30,000 in foundation work done five years before listing the home. The seller marked “No” on the disclosure when asked about previous foundation repairs. The buyer discovered the repair during a remodel when they found concrete pilings under the slab. The buyer sued and recovered the cost of a new foundation assessment, the diminished value of the home, and attorney’s fees. Total judgment: $62,000.

The recurring roof leak. A seller painted over water stains on the ceiling and marked “No” to water intrusion questions. After the first heavy rain, the buyer discovered water pouring into the attic. The seller’s neighbors testified that the seller had complained about the leak for three years. The buyer recovered repair costs plus DTPA treble damages.

The unpermitted garage conversion. A seller converted a garage to a bedroom and bathroom without permits. The seller disclosed the conversion as “improvements” but did not indicate the work was unpermitted. When the buyer tried to refinance, the appraisal noted the unpermitted space, reducing the home’s appraised value by $35,000. The buyer sued for the difference.

How to Fill Out the Seller’s Disclosure Correctly

Completing the disclosure form correctly protects sellers from future liability. Here are the best practices that experienced listing agents recommend.

Do’s

  • Be thorough and honest. If something is broken, say so. If you had repairs done, list them. The disclosure is not a marketing document.
  • Use “Unknown” appropriately. If you genuinely do not know the answer, mark “Unknown.” But do not mark “Unknown” for things you clearly should know (like whether your house has central air conditioning).
  • Attach supporting documents. If you had foundation work, a new roof, or termite treatment, attach copies of invoices, warranties, and inspection reports. This demonstrates good faith and actually helps sell the property.
  • Disclose even if you think the issue was fixed. A repaired foundation crack is still a history of foundation issues. A treated termite infestation is still a history of termites. Disclose the problem AND the repair.
  • Update the disclosure if conditions change. If a pipe bursts after you sign the disclosure but before closing, you must inform the buyer. The duty to disclose continues until the buyer tenders the purchase price.

Don’ts

  • Do not paint over water stains before completing the disclosure. This is the textbook example of concealment that courts punish.
  • Do not rely on “as is” to avoid disclosure. As discussed above, “as is” does not eliminate disclosure obligations.
  • Do not let your agent fill out the form for you. The seller must complete the disclosure personally. The agent can help explain questions, but the answers must come from the seller’s own knowledge.
  • Do not leave items blank. Every question should be answered with Yes, No, or Unknown. Blank answers create ambiguity that can be interpreted against the seller in litigation.
  • Do not volunteer defects that do not exist. Over-disclosure creates its own problems. If you disclose a “possible foundation issue” that does not actually exist, you may scare off buyers or reduce your sale price unnecessarily.

The 2026 TREC Proposed Changes: What Is New

In February 2026, TREC proposed six significant changes to the Seller’s Disclosure Notice and related forms. The public comment period closed in late March, and the earliest adoption date is March 29, 2026. Here is what is changing:

Change What It Means for Sellers
Insurance coverage disclosure Sellers must disclose whether the property is currently insured and whether they have been unable to obtain insurance for any reason (including windstorm coverage)
Water rights form (TREC No. 61-0) New standalone form requiring disclosure of groundwater and surface water rights, well locations, and Groundwater Conservation District membership
Generator disclosure “Generators” added to Paragraph 2B (Improvements). Sellers must disclose standby generators as an improvement and indicate working condition
Conservation easement disclosure Sellers must disclose any conservation easements affecting the property
Updated terminology Various terminology updates throughout the form for clarity
Form reorganization Minor structural changes to improve readability

The insurance disclosure change is the most impactful. In recent years, several major insurance carriers have pulled out of or reduced coverage in Texas, particularly for properties with older roofs, previous claims, or locations in hail-prone areas. A property that cannot be insured (or can only be insured through the Texas FAIR Plan at elevated rates) presents a significant financial risk to buyers. Requiring sellers to disclose insurance difficulties gives buyers critical information they would otherwise discover only after committing to the purchase.

Seller’s Disclosure for Specific Property Types

Condos and Townhomes

Condo sellers face a dual disclosure obligation. They must complete the standard Seller’s Disclosure Notice for their individual unit, plus provide HOA/condo association documents. The Texas Uniform Condominium Act (Chapter 82 of the Texas Property Code) requires disclosure of:

  • Monthly assessments and any pending special assessments
  • Reserve fund balance and adequacy
  • Any pending litigation involving the association
  • Rental restrictions and occupancy requirements
  • Insurance coverage under the master policy

For a deeper look at condo-specific buying considerations, see our Complete Guide to Buying a Condo in Austin.

Properties with Pools or Spas

Pool-equipped properties require additional disclosures about pool barriers, fencing, alarms, and compliance with the Virginia Graeme Baker Pool and Spa Safety Act. Sellers must also disclose any known issues with pool equipment, plaster, leaks, or structural problems. In Austin, where pools are present in roughly 30% of single-family homes, this is a frequent disclosure item.

Properties with Septic Systems

If the property uses a septic system rather than municipal sewer, sellers must disclose the type of system, its maintenance history, the date of the last inspection, and any known issues. Texas Commission on Environmental Quality (TCEQ) requires that septic systems meet current standards, and sellers should be prepared to provide documentation of compliance. For properties in Dripping Springs, Wimberley, and other Hill Country communities where septic systems are common, this disclosure is essential. See our Complete Guide to Buying Land in the Texas Hill Country for more on septic requirements.

Properties with Wells

Properties served by private water wells require disclosure of well depth, water quality test results (if available), pump condition, and any known water supply issues. The new TREC water rights form (proposed for 2026) will formalize these requirements. In the meantime, sellers should disclose well information on the standard form under the property condition sections.

The Agent’s Role in Seller Disclosures

Real estate agents in Texas have their own independent disclosure obligations under TREC rules and the Texas Occupations Code. An agent who knows about a material defect must disclose it to the buyer, even if the seller refuses to.

Listing Agent Obligations

The listing agent must:

  • Ensure the seller completes the disclosure form
  • Deliver the completed disclosure to the buyer or buyer’s agent
  • Disclose any material defects the agent personally knows about, regardless of whether they appear on the seller’s disclosure
  • Not actively conceal or help the seller conceal defects

According to the Texas Real Estate Research Center at Texas A&M University, agents who assist sellers in concealing defects face disciplinary action from TREC (including license suspension or revocation), plus personal liability in any resulting lawsuit.

Buyer’s Agent Obligations

The buyer’s agent should:

  • Review the seller’s disclosure carefully with the buyer
  • Explain what each section means
  • Flag any answers that seem inconsistent or concerning
  • Recommend appropriate inspections based on disclosure responses
  • Disclose any defects the buyer’s agent personally observes during showings

According to Neuhaus Realty Group, a thorough review of the seller’s disclosure before the option period begins allows buyers to focus their inspection on areas of concern rather than conducting a blind inspection with no context.

Common Seller Disclosure Mistakes and How to Avoid Them

Based on data from the Texas Real Estate Commission’s enforcement actions, these are the most frequent disclosure errors that lead to complaints and legal action.

Mistake 1: Not Disclosing Previous Insurance Claims

If the seller filed an insurance claim for roof damage, water damage, or any other property issue, the underlying condition must be disclosed. Many sellers assume that because the insurance company paid for the repair, the issue is resolved and does not need to be disclosed. Wrong. The claim itself is evidence that the problem existed, and the repair should be disclosed along with documentation.

Mistake 2: Failing to Disclose Neighbor Disputes

Ongoing disputes with neighbors about property lines, fences, noise, or easements should be disclosed under “Conditions Affecting the Property.” A pending boundary dispute, in particular, is a material fact that can affect the buyer’s ability to use the property as intended.

Mistake 3: Not Updating the Disclosure After Changes

The duty to disclose is ongoing until closing. If the water heater breaks, a pipe bursts, or termites are discovered after the disclosure is signed, the seller must notify the buyer. Failure to update the disclosure for post-signing defects is treated the same as an initial failure to disclose.

Mistake 4: Hiding Cosmetic Fixes Over Real Problems

Fresh paint over water stains. New carpet over warped subfloor. A picture hung over a wall crack. These are the scenarios that generate the most litigation. Courts view cosmetic concealment as strong evidence of intentional fraud, which opens the door to treble damages under the DTPA.

Mistake 5: Relying on the Exemption When It Does Not Apply

Sellers sometimes claim exemption from disclosure when they do not qualify. The most common error: an heir who inherits a home believes they are exempt as a “fiduciary.” But the fiduciary exemption only applies while the estate is in probate and the executor is acting in that capacity. Once the estate closes and the property transfers to the heir as the owner, the standard disclosure requirements apply in full. For more on selling inherited properties, see our Complete Guide to Selling an Inherited Home in Texas.

Buyer’s Checklist: How to Read a Seller’s Disclosure

Buyers should treat the seller’s disclosure as a starting point for investigation, not a final answer. Here is a checklist for reviewing the disclosure effectively.

  1. Read every line. Do not skim. The disclosure is a legal document, and every answer matters.
  2. Circle every “Unknown” answer. If the seller has lived in the home for 10 years and marked “Unknown” on whether the roof has ever leaked, that is a red flag worth investigating.
  3. Cross-reference with the inspection report. If the seller disclosed “no foundation issues” but the inspector notes signs of settlement, dig deeper.
  4. Check for blanks. Any unanswered question should be flagged and addressed before closing.
  5. Look for inconsistencies. If the seller says “no water damage” but the insurance claim history (available through CLUE reports) shows a water damage claim, ask questions.
  6. Ask follow-up questions in writing. If something on the disclosure is unclear, ask the seller to clarify in writing through your agent. Verbal clarifications are difficult to enforce.
  7. Order specialty inspections based on disclosure answers. If the seller discloses a history of termites, order a termite inspection. If the seller mentions foundation repairs, order a structural engineering assessment.

For a complete walkthrough of what inspections to order and what inspectors check, see our Complete Guide to Home Inspections in Austin.

Protecting Yourself as a Seller: Best Practices

The best protection for sellers is complete transparency. Here are the specific steps that minimize legal exposure.

  1. Get a pre-listing inspection. Having a professional inspection done before listing accomplishes two things: it identifies issues you may not have known about (eliminating “I didn’t know” as a future problem), and it gives you the option to fix issues before they become negotiation points. See our guide on The Power of Pre-Listing Inspections.
  2. Complete the disclosure yourself. Do not have your agent, spouse, or attorney fill it out. You are the one with personal knowledge of the property.
  3. When in doubt, disclose. Over-disclosure is almost always better than under-disclosure. A buyer who knows about a minor issue before making an offer will price it in. A buyer who discovers the same issue after closing will call a lawyer.
  4. Keep records. Save copies of all repairs, maintenance records, inspection reports, and insurance claims. These documents support your disclosure and demonstrate good faith.
  5. Work with an experienced agent. An agent who understands disclosure requirements can help you identify items you might overlook and ensure the form is completed properly. For sellers in the Austin and Hill Country markets, working with a specialist who understands local issues (foundation on clay soil, flood zones, septic systems, well water) ensures nothing falls through the cracks.

Timeline: When Disclosures Happen in a Texas Transaction

Stage Disclosure Action Deadline
Pre-listing Seller completes TREC Seller’s Disclosure Notice Before or at listing (best practice)
Pre-listing Lead-based paint disclosure (pre-1978 homes) Before buyer signs contract
Pre-listing MUD/PID notice (if applicable) Before buyer signs contract or as addendum
Contract execution HOA addendum and Section 5.012 notice At or before contract execution
Within 5-7 days Delivery of seller’s disclosure (if not already provided) Per contract terms
Option period Buyer reviews disclosure and orders inspections During option period (typically 7-10 days)
Any time before closing Seller updates disclosure if conditions change Ongoing until closing
Closing Final disclosure confirmation At closing table

For the complete closing timeline including all other milestones, see our Complete Guide to Closing on a Home in Texas.

Frequently Asked Questions

Is a seller required to fill out a disclosure form for every home sale in Texas?
Almost every seller of a previously occupied single-unit residential property in Texas must provide a Seller’s Disclosure Notice under Texas Property Code Section 5.008. Exemptions exist for foreclosure sales, fiduciary sales (estates in probate), court-ordered transfers, new construction, and transfers between certain parties. Even exempt sellers can be sued for intentional fraud or concealment of known defects.
Does selling a home “as is” in Texas eliminate the disclosure requirement?
No. Selling “as is” means the seller will not make repairs, but it does not remove the legal obligation to disclose known material defects. Texas courts have consistently held that an “as is” clause does not protect a seller who intentionally conceals defects. The Seller’s Disclosure Notice must still be completed honestly.
What happens if a seller lies on the disclosure form in Texas?
Buyers can sue under the Texas Deceptive Trade Practices Act, which allows recovery of actual damages, attorney’s fees, and treble damages (three times actual damages) for intentional misrepresentation. The statute of limitations is four years from when the buyer discovers the defect, not from the closing date.
Do I have to disclose a death that occurred in my home?
No. Texas Property Code Section 5.008 specifically exempts sellers from disclosing deaths by natural causes, suicide, or accidents unrelated to the property’s condition. However, if the death resulted from a property defect (such as a carbon monoxide leak or faulty wiring), the underlying property condition must still be disclosed.
When must the seller’s disclosure be delivered to the buyer?
Texas law does not set a specific deadline, but the standard TREC contract requires delivery within the time specified in the contract (typically 5 to 7 days after the effective date). Best practice is to provide the disclosure before or at the time of contract execution so buyers can review it before making an offer.
Does the seller need to disclose unpermitted work?
Yes. The disclosure form asks about repairs, modifications, and additions, and whether permits were obtained. Unpermitted work is a material fact that can affect the property’s appraised value, insurability, and the buyer’s ability to refinance. Sellers must disclose any work done without permits.
What is the lead-based paint disclosure requirement in Texas?
Federal law requires sellers of homes built before January 1, 1978, to disclose known lead-based paint hazards, provide the EPA’s lead safety pamphlet, and allow the buyer a 10-day period for a lead inspection. The EPA can impose fines up to $19,507 per violation for non-compliance.
Are there new seller disclosure requirements for 2026?
Yes. TREC proposed six changes in February 2026, including a new insurance coverage disclosure (whether the property is currently insured), a standalone water rights disclosure form (TREC No. 61-0), generator disclosure requirements, and conservation easement disclosures. The earliest adoption date is March 29, 2026.

Next Steps for Buyers and Sellers

Seller disclosures are not paperwork to rush through. For sellers, a complete and honest disclosure is the best protection against post-sale litigation. For buyers, the disclosure is a roadmap for due diligence that should inform every inspection, negotiation, and decision during the option period.

If you are preparing to sell a home in Austin or the Texas Hill Country, start by reviewing the current TREC Seller’s Disclosure Notice form and gathering your maintenance records, repair invoices, and any inspection reports. If you are buying, request the disclosure before making an offer whenever possible, and use it as a checklist alongside your inspection report.

For help understanding how seller disclosures fit into the broader transaction process, explore these related guides:

Explore all of our seller resources, guides, and tools in one place.

Staff

Written by Staff

This article was produced by the Neuhaus Realty Group content team with the assistance of AI writing tools. Staff posts are not personally reviewed by Ed Neuhaus but are published to provide timely information about the Austin real estate market, Texas housing trends, and topics relevant to buyers, sellers, and investors in Central Texas.

Learn more about Staff →

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