Seller's Disclosure Notice in Texas: What Sellers Need to Know

Most Texas home sellers fill out a Seller's Disclosure Notice. It tells buyers what you know about your home's condition, like past leaks, repairs or flooding. Here's what it covers, who is exempt and how I help you complete it.

What the Seller's Disclosure covers

The Texas Property Code (Section 5.008) requires a written disclosure for most sales of a single-family home. The form asks what you know about:

• Systems and appliances, and whether they work
• Known defects, like roof, foundation or plumbing problems
• Past water damage, flooding and flood insurance claims
• Repairs, additions and permits
• HOA, special districts and other items that affect the property

You disclose what you actually know. You aren't expected to inspect the home yourself, but you shouldn't leave out problems you're aware of.

Who is exempt

Section 5.008(e) lists sales that don't require the notice. Common examples include:

• Court-ordered sales and foreclosures
• Sales by a fiduciary, like an executor administering an estate or a trustee
• Transfers between co-owners, to a spouse or to a parent, child or grandchild
• Transfers between spouses in a divorce
• Sales to or from a government entity
• New homes that have never been lived in
• Property where the house is worth no more than 5% of the total value

The requirement also applies only to property with one dwelling unit. Even when you're exempt, buyers often still ask for a disclosure, and sharing what you know can help the sale go smoothly.

Why it matters

An honest disclosure protects you. It shows the buyer what you knew before they made an offer, which can help prevent disputes after closing.

How I help

I'll give you the form early, walk through each section with you and answer questions about what to include. For legal questions about your specific situation, talk with a real estate attorney.

Getting ready to sell? Call or text me at (512) 629-9050.

Trina Heinmiller
Team Lead | Southern Luxe Group | eXp Realty

Step 6 of 10: Complete your disclosures
← Step 5: Prep & repairs · All 10 steps · Next: Lead-based paint disclosure →

This post is general information, not legal advice.