Seller Disclosure Requirements
in Texas

In years litigating disputes arising from the Texas Property Code, Countless cases show closings unravel over one thing: disclosure. While Texas is fundamentally a 'caveat emptor' state, that principle is profoundly reshaped by Section 5.008 of the Property Code. This statute mandates that sellers of most single-family residential properties provide a prospective buyer with a Seller's Disclosure Notice. This is not optional. The Texas Real Estate Commission (TREC) provides the standard form, and the law is clear: it must be delivered to the buyer on or before the effective date of the contract. Upon receipt, the buyer has a seven-day window to terminate the contract for any reason. This crucial document forms the bedrock of transparency in a transaction, and failing to meet the strict **texas disclosure requirements** can, and often does, lead to costly legal battles long after the moving trucks have gone. The entire framework of **seller disclosure Texas** law is built to prevent a seller from hiding behind 'buyer beware' for known issues.

Drilling down into the specifics, the pivotal question becomes: **what must sellers disclose**? The **Texas seller disclosure form** is exhaustive, covering everything from the foundation to the roof. It compels sellers to state their awareness of defects or malfunctions in structural components, plumbing systems (including notorious polybutylene pipes common in older Houston suburbs), electrical systems, and major appliances. The form probes into termite history—a near-constant concern from the Piney Woods to El Paso—and previous treatments or existing damage. It also requires disclosure of specific environmental conditions like asbestos, lead-based paint, and previous flooding. Experts have litigated cases where a seller in a Central Austin bungalow failed to disclose a known property line encroachment from a neighbor's fence, leading to a complete rescission of the sale. This comprehensive **property disclosure** is designed to paint a full picture of the home's history and current condition, leaving little room for ambiguity.

Beyond the standard items, Texas's unique geography and climate impose their own set of crucial disclosures. The expansive clay soil underpinning much of the state, from Dallas-Fort Worth to San Antonio, makes foundation movement a pervasive issue. A seller must disclose not only past foundation repairs but any current signs of movement, like sticking doors or cracks in the brick veneer. Along the Gulf Coast, the legacy of hurricanes like Harvey means that **what must sellers disclose** extends beyond the structure itself. You must reveal if water has ever pooled in the yard or if the street is prone to flooding, even if the house remained dry. In the Texas Hill Country, proximity to caves or sinkholes can be a material fact. The **texas seller disclosure form** also specifically asks about previous methamphetamine manufacturing, a hazard that requires specialized remediation. A thorough **property disclosure** accounts for these regional risks, providing a buyer with the context needed to truly understand their investment.

From the litigator's desk, the consequences of inadequate disclosure are severe. A seller who knowingly conceals a material defect can be sued under the Texas Deceptive Trade Practices Act (DTPA), which allows a buyer to potentially recover up to three times their actual damages, plus attorney's fees. I recall a case involving a beautiful home in The Woodlands where the seller meticulously painted over water stains on the ceiling from a persistent roof leak. When the first major thunderstorm hit post-closing, the new owner's living room was inundated. We successfully argued this was a fraudulent misrepresentation, not just a failure to disclose. The law differentiates between known defects and latent defects a seller couldn't reasonably know about. However, a deliberate act of concealment obliterates that defense. The goal of the **seller disclosure Texas** statute is to prevent exactly this kind of 'gotcha' scenario by compelling upfront honesty.

For sellers aiming for a smooth closing and legal peace of mind, the best practice is radical transparency. I consistently advise clients to invest in a pre-listing inspection. This report, conducted by a licensed Texas inspector, provides a clear, third-party assessment of the property's condition. By attaching this report to your **Texas seller disclosure form**, you are not only satisfying the **texas disclosure requirements** but demonstrating unimpeachable honesty. If the inspector finds a faulty water heater, you now have a choice: fix it and provide the receipt, or disclose it and adjust the price accordingly. This preempts buyer negotiations based on 'surprise' findings during their own inspection and builds immense trust. Remember, selling a property 'as is' in Texas does not waive your legal obligation to disclose all known defects.

Conversely, for the buyer, the Seller’s Disclosure Notice is not the final word but the first chapter of your due diligence story. Treat this document as a roadmap for your own inspections. If the seller checks 'yes' to previous foundation issues on a home in a high-movement area like Plano, you must hire a structural engineer to evaluate the property, not just a general inspector. If the seller discloses a past roof repair from a hailstorm in North Texas, have your own roofer get on that roof and verify the quality of the work. The disclosure and subsequent option period create a critical window to investigate every claim and uncover any unstated problems. A detailed **property disclosure** empowers you to ask the right questions and hire the right experts, transforming you from a mere buyer into an informed investor.