Key Takeaways

  • Texas sellers must complete the Seller's Disclosure Notice for residential property sales (with exceptions)
  • The disclosure covers property condition, defects, and material facts about the property
  • Agents must disclose material facts they know about, even if not on the disclosure form
  • Texas has specific exemptions from seller disclosure including foreclosures, estate sales, and new construction
  • Lead-based paint disclosure is required for homes built before 1978 (federal requirement)
Last updated: January 2026

Texas Disclosure Requirements

Texas law requires sellers and agents to disclose material information about property condition and defects.

Seller's Disclosure Notice

The Seller's Disclosure Notice is the primary disclosure document in Texas residential transactions.

When Required

The Seller's Disclosure Notice is required for sales of:

Property TypeRequired?
Single-family homesYes
CondominiumsYes
TownhomesYes
1-4 unit residentialYes
Commercial propertyNo
5+ unit residentialNo

What Must Be Disclosed

The Seller's Disclosure covers:

CategoryItems
StructuralFoundation, roof, walls, floors
SystemsPlumbing, electrical, HVAC
AppliancesBuilt-in appliances, water heater
Property conditionKnown defects, previous repairs
EnvironmentalFlooding, drainage, hazardous materials
LegalLawsuits, liens, violations
HOAHomeowner association information

Timing

EventRequirement
Before contractPreferred
After contractBuyer may terminate within 7 days
Never receivedBuyer may terminate anytime before closing

Key Point: If the buyer receives the disclosure after signing the contract, they have 7 days to terminate without penalty.

Exemptions from Seller's Disclosure

Certain transactions are exempt from the Seller's Disclosure requirement:

ExemptionReason
Foreclosure salesBank/lender sale
Estate/probate salesAdministrator sale
Bankruptcy salesTrustee sale
Court-ordered salesDivorce, judgment
New constructionBuilder provides warranties
Transfers to familyGift, inheritance
Transfers to co-ownerBuyout, dissolution

Warning: Even in exempt transactions, agents must still disclose known material defects.

Agent Disclosure Duties

What Agents Must Disclose

Texas agents must disclose material facts they know about, including:

Must DiscloseExamples
Property defectsStructural issues, water damage
Environmental hazardsFlooding history, mold
Legal issuesPending litigation, zoning violations
Property historyPrevious fires, deaths (if asked)
Agency relationshipsRepresenting both parties

Agent vs. Seller Disclosure

AgentSeller
Must disclose known factsMust complete Seller's Disclosure
Cannot guarantee disclosureResponsible for accuracy
No duty to investigateNo duty to discover unknown
Liable for misrepresentationLiable for fraud or concealment

Lead-Based Paint Disclosure

For homes built before 1978, federal law requires:

RequirementDescription
Disclosure formSeller must complete lead disclosure
EPA pamphlet"Protect Your Family From Lead in Your Home"
10-day periodBuyer has 10 days to conduct inspection
RecordsSeller must provide any lead test records

Other Required Disclosures

DisclosureWhen Required
MUD disclosureProperties in Municipal Utility Districts
Coastal areaProperties in coastal areas
Public improvement districtsPID assessment disclosure
Property taxTax rates and exemptions
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Texas Seller's Disclosure Process
Test Your Knowledge

If a Texas buyer receives the Seller's Disclosure Notice after signing the contract, how long do they have to terminate?

A
B
C
D
Test Your Knowledge

Which of the following transactions is exempt from the Texas Seller's Disclosure requirement?

A
B
C
D