5 Things Every Seller Should Know About the Texas Disclosure

When you sell a home in Texas, you’re legally required to provide the buyer with a Seller’s Disclosure Notice. This document discloses the condition of your property and any known issues. Getting it right protects you legally and builds trust with buyers. Here’s what every seller needs to know.

1. It’s Required by Law

Under Section 5.008 of the Texas Property Code, sellers of residential property must provide a written disclosure notice to buyers. This isn’t optional — it’s a legal requirement. There are some limited exemptions (estate sales, foreclosures, court-ordered sales), but for a standard resale transaction, you’ll be filling one out.

2. Disclose What You Know — Honestly

The disclosure asks about the condition of major systems and components: foundation, roof, plumbing, electrical, HVAC, appliances, and more. It also asks about known defects, previous repairs, insurance claims, and environmental issues like flooding or mold.

The key word is "known." You’re not expected to hire an inspector before listing. You’re expected to honestly share what you know about your property. If your foundation was repaired five years ago, disclose it. If the roof leaked last winter and you fixed it, disclose it. Attempting to hide known issues doesn’t just create legal liability — it almost always surfaces during the buyer’s inspection anyway.

3. The Disclosure Is Not a Warranty

Filling out the disclosure doesn’t mean you’re guaranteeing the condition of anything. It’s a snapshot of your knowledge at the time of listing. If you honestly disclose that the HVAC is 15 years old and in working condition, and it breaks down during the option period, that’s not a liability issue for you — you disclosed its age and condition accurately.

4. Updated Disclosures After September 2023

TREC updated the Seller’s Disclosure Notice with additional questions about flood risk, floodplain status, and PID (Public Improvement District) obligations. If you haven’t sold a home recently, the form may look different from what you remember. Your agent should walk you through the current version line by line.

5. When in Doubt, Disclose

If you’re unsure whether something needs to be disclosed, the safest approach is to disclose it. Over-disclosure protects you legally; under-disclosure exposes you to potential lawsuits after closing. Your agent can help you navigate gray areas, but the default should always be transparency.

The Bottom Line

The Seller’s Disclosure is there to protect both you and the buyer. Fill it out honestly, work with your agent to make sure nothing is missed, and approach it as an opportunity to build trust rather than a hurdle to overcome.

Listing your home in DFW? The Dani Hampton Group walks every seller through the disclosure process step by step. Contact us to get started.