Selling
What is a seller's disclosure in Texas?
Texas law requires sellers to disclose known material defects about their property using the Seller's Disclosure Notice — a multi-page document covering the home's condition, systems, and history.
Texas Property Code §5.008 requires sellers of residential property to provide buyers with a written Seller's Disclosure Notice before the contract is signed. It's one of the most important documents in a Texas real estate transaction.
What the disclosure covers
- Structural and foundation issues
- Roof condition and leaks
- Water damage, moisture, or flooding history
- Electrical, plumbing, and HVAC condition
- Known pest or termite infestations
- Environmental hazards (asbestos, lead paint, radon)
- HOA membership and assessments
- Pending legal actions affecting the property
- Any known defects that materially affect the property's value
Who is exempt?
Not all sellers are required to complete the disclosure. Exemptions include new construction (builder covers this separately), inherited properties sold by an executor, foreclosure sales, and transfers between family members. Most standard resale transactions require a full disclosure.
What happens if you don't disclose?
Failure to disclose known defects can expose a seller to legal liability after closing — even years later. Buyers who discover undisclosed problems have legal remedies including rescission of the contract and damages. The best practice is always to disclose what you know and let buyers make informed decisions.
When I list your home, we go through the disclosure together. It's not just a form — it's legal protection. Better to over-disclose than to face a lawsuit after the sale.
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