When you sell your home in Texas, you’ll be required to fill out a form before the sale can go through.
It’s called the Seller’s Disclosure Notice. Most Texas homeowners have heard of it, but far fewer understand what it’s asking, what happens when you fill it out wrong, or what exactly it protects (and doesn’t protect) sellers and buyers against.
This is the companion document to the purchase contract. Where the TREC 1-4 governs the terms of the transaction itself, the Seller’s Disclosure Notice governs what you’re telling the buyer about the property’s condition. Getting it right matters more than most sellers realize.
Seller’s Disclosure Notice, what is it?
The Seller’s Disclosure Notice is a form that Texas law requires sellers to use when disclosing the condition of the property prior to sale. It’s mandated by Section 5.008 of the Texas Property Code.
Who does it apply to? Sellers of previously occupied single family residential homes. Essentially, if you’re selling your home that you lived in or owned as a rental property, the Seller’s Disclosure Notice applies to you.
The basic idea is simple. Before you sell your home, the buyer is entitled to know about any material facts you know about the condition of the property. The Seller’s Disclosure Notice puts that information into writing.
Texas Real Estate Commission rules state that it must be delivered to the buyer on or before the effective date of the contract. Deliver it after the fact, meaning after they sign the contract or, worse, after closing, and you’ve missed your opportunity to deliver it.
Texas currently has two versions of the disclosure in use. One is published by TREC, and satisfies the basic requirements of the statute. The other is published by the Texas Association of Realtors, and contains many more items than the state-required minimum.
You can use either. Many Texas real estate agents recommend using the TAR disclosure specifically because it covers more, and reduces the chance of future disputes with the buyer.
What does the Seller’s Disclosure Notice ask?
The disclosure asks a lot of questions. Take the time to read them carefully and answer them accurately. Errors and oversights on the Seller’s Disclosure Notice are among the most common causes of post-closing litigation.
First, it asks whether the seller currently lives on the property. If not, the form asks how long ago the property was last occupied, or how long the seller has had direct knowledge about its condition.
Then it moves into questions about the home itself. Major systems and utilities like central air, heating and cooling, plumbing and electrical. The roof and foundation. Walls, floors and ceilings. Windows.
Then the chimney, if there is one. Deck, fencing, gutters. Anything that attaches to the house or to the land.
The pool or spa, if there is one. Security systems and water softeners and sprinkler systems and built-in appliances.
Basically anything about your home that could break or malfunction is covered on the Seller’s Disclosure Notice. For each item, the seller indicates whether it’s present, if there any known defects or malfunctions, and if any repairs have been performed.
Typically, answers are yes, no, or unknown. But there are follow-up questions as needed, too. Built-ins? Specify which, and in what rooms.
Previous issues with flooding? Specify. Previous insurance claims? Previous asbestos discoveries, lead paint abatement jobs, or confirmation of lead paint (in homes built before 1978) — specify. Have knowledge of any underground storage tanks — specify.
Known foundation repairs? Termite damage or other pest problems? Pending lawsuits? HOA membership and violations? Know of any? Specify.
As of late 2025, the Seller’s Disclosure Notice now includes a question asking whether you’ve had any mold remediation certificates issued during the prior five years — further evidence of just how big an issue mold has become in Texas real estate.
Remember: You’re only required to disclose what you know.
The single biggest mistake we see sellers make with the Seller’s Disclosure Notice is failing to provide information they believe they shouldn’t have to provide.
The law doesn’t require you to know everything about your home. It requires you to disclose what you know.
So while you should certainly take the time to read over the entire disclosure form carefully, if you don’t know the answer to something — or are unsure — it’s ok to mark Unknown.
It’s not ok, however, to mark No when you know there’s a problem. Or to omit disclosing a known material defect because you don’t want to deal with the headache of the buyer trying to get it repaired after closing.
Know there’s an issue with the roof? Mention it. Had the floor patched up in spots after finding termite damage? Say something. Your neighbor is stealing your grass with his lawn mower? Include that too.
If you’ve lived where your house is or recently rented it out, chances are you know things about it that would make a buyer hesitate — if you don’t disclose them.
The good news is that only about 23% of real estate lawsuits involve something other than a disclosure issue. Handle this form correctly and you can avoid a large portion of potential lawsuits right off the bat.
What’s NOT covered on the Seller’s Disclosure Notice
Knowing what the disclosure covers can help, but it’s equally important to know what it doesn’t — and sellers often worry about having to disclose things they actually don’t have to disclose.
Deaths that occur at the property from natural causes, suicide, or accidents unrelated to the condition of the home do not need to be disclosed. Neither does HIV, AIDS, or other illnesses of previous tenants.
Generally, the disclosure also doesn’t require you to actively dig up information you don’t already have. If you don’t know of any asbestos in the home, you’re not required to get it inspected prior to selling. The buyer is usually REQUIRED to get their own inspection anyway.
The disclosure notice is not designed to replace a proper home inspection. It’s designed to document what you know about the home ahead of time.
Texas Seller’s Disclosure Notice does not apply when selling “As-Is”
No matter how many times we hear it, this seems to come up every year with sellers: Does filling out an “As-Is” contract exemption mean you don’t have to disclose?
The answer: No.
Selling as-is does not negate the requirement to disclose. Full stop.
An “as-is” clause in your real estate sales contract tells the buyer that you will not be fixing anything about the property before they close. It does not mean you get to withhold information about what could or does need repair.
You must provide the Seller’s Disclosure Notice regardless of any “as-is” clauses or agreements in the contract.
A buyer could accept your home “as-is,” then turn around and sue you for issues that were not disclosed on the Seller’s Disclosure Notice — just like they would if you hadn’t sold it as-is.
What happens if you don’t provide the Seller’s Disclosure Notice?
Failure to provide the disclosure before contract execution gives the buyer seven days after receipt to terminate the contract for ANY reason and get their earnest money back.
That means if your contract is set to close next Tuesday, and you realize Wednesday that you never provided a disclosure, the buyer could — immediately — receive their earnest back by terminating the contract.
Aside from that rather large loophole in your otherwise-binding real estate contract, sellers who lie or otherwise knowingly conceal/disclose information about the property can face lawsuits for more than just return of the buyer’s earnest money.
Texas law allows buyers who suspect intentional concealment or wrongdoing on the part of the seller to seek additional damages through suit under the Texas Deceptive Trade Practices Act. Basically, triple damages. And attorneys’ fees.
Your best protection: Fill it out honestly
This seems like common sense, but many sellers try to treat the disclosure notice like something to be feared.
Filling out as few checkboxes as possible. Answering unknown to a majority of the questions. Trying to limit what the buyer learns about their potential new home until after they’ve closed.
But the truth is, your disclosure notice is one of the best protections you have as a seller.
It creates a record of what you knew, and what you told the buyer about those conditions before closing. It limits the ability of the buyer to come back and claim you never mentioned a particular issue.
Want protection? Fill it out. Completely. Honestly. And give it to your buyer on time.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. Texas homeowners with specific questions about disclosure should consult with a Texas real estate attorney or contact the Texas Real Estate Commission directly.