Texas seller disclosure law: what home sellers must tell buyers

Every home seller working with a listing agent in the DFW Metroplex runs into the Texas Seller’s Disclosure Notice at some point in the process, and misunderstanding it is one of the more expensive mistakes a seller can make. Here’s what the law actually requires, in plain terms.

This is general information, not legal advice. For questions about your specific disclosure obligations, talk with a Texas-licensed real estate attorney or your agent.

What the law requires

Texas Property Code Section 5.008 requires sellers of most single-family residential properties to provide a written disclosure notice to the buyer, typically before the contract is executed. The notice covers the seller’s actual knowledge of the property’s condition, not a professional inspection standard, so you’re disclosing what you know, not hiring an expert to find problems you don’t. This notice is one piece of the larger listing process; the step-by-step listing guide covers where disclosure fits alongside pricing, showings, and closing.

What the notice typically covers

Category	What you’re disclosing
Known defects	Structural issues, roof problems, foundation movement you’re aware of
Systems and equipment	Whether plumbing, electrical, HVAC, and appliances are in working condition
Water and flooding history	Prior flooding, water damage, or location in a flood zone
Prior repairs	Repairs made to structural or safety-related issues
Environmental hazards	Known presence of things like asbestos, lead paint, or mold
Legal issues	Pending litigation, liens, or easements affecting the property

Who’s exempt

Not every transaction requires the standard disclosure form. Common exemptions include new construction that has never been occupied, transfers as part of a foreclosure or deed in lieu, transfers between co-owners or immediate family members, and sales handled by a trustee, executor, or under a court order. If you think your sale might qualify for an exemption, confirm it directly with your agent or an attorney rather than assuming.

“As-is” doesn’t mean “no disclosure”

A common misunderstanding: selling a home as-is means the buyer accepts its current condition and you won’t be making repairs, but it does not remove your obligation to disclose known material defects. An as-is sale with an honest disclosure protects you. An as-is sale where you knew about a serious issue and left it off the form does not.

What happens if you skip it or get it wrong

Buyers who later discover a seller knew about and failed to disclose a material defect can, in some cases, pursue legal remedies including damages or unwinding the sale. These disputes are more common, and more costly, than most sellers expect. The safer path is straightforward: disclose everything you actually know, even things you assume a buyer won’t notice or ask about.

What if something changes after you sign it

If you complete the disclosure and then discover a new issue, or a repair, before closing, update the form and notify the buyer promptly. The disclosure reflects what you know at the time you sign it, but obligations do not end there if new information comes up while the sale is still in progress. An amended disclosure is a normal, low-drama fix; staying quiet about something you later learned is the version that tends to create problems.

Practical advice before you fill it out

Walk the house room by room before completing the form, and think back through any repairs, incidents, or issues from your time owning it, not just what’s visible today. If you’re unsure whether something needs to be disclosed, a conservative approach, disclosing more rather than less, protects you far better than guessing wrong in the other direction. A good listing agent will review the completed form with you and flag anything that looks incomplete before it goes to a buyer.

Our methodology accounts for how clearly agents communicate through exactly these kinds of details when scoring listings across the DFW Metroplex Real Estate Agent Guide.

A last practical point

Keep any receipts, invoices, or warranty paperwork from past repairs on hand while you complete the disclosure. Concrete records of what was fixed and when make the form more accurate and give a buyer’s inspector something specific to compare against, which tends to head off unnecessary back-and-forth later in the process.