Do You Have to Disclose That? The Texas Seller’s Disclosure Explained

One of the most nervous questions sellers ask me is some version of “do I really have to tell them about that?” Usually it’s the foundation work, the roof that leaked once, or the time the street took on water. The short answer is yes — Texas law requires almost every home seller to hand the buyer a written Seller’s Disclosure Notice, and the Texas seller’s disclosure is one place where being upfront protects you far more than staying quiet. Here’s what the form is, what you actually have to reveal, and where sellers get into trouble.

Quick frame: Texas Property Code §5.008 requires sellers of a single-family home to give the buyer a written disclosure of the property’s condition on or before the effective date of the contract. You’re disclosing what you know — not guaranteeing perfection. A handful of sellers are exempt, and a few specific things you’re never required to reveal.

What the Texas seller’s disclosure notice is

The Seller’s Disclosure Notice is a standardized form where you report the condition of the home as you know it — what systems and features are present, what’s working, and what defects or past problems you’re aware of. The requirement comes from Texas Property Code §5.008, and the Texas Real Estate Commission publishes the standard version most of us use. The law lets you use a substantially similar notice, but the TREC form is the practical default because it already covers everything the statute asks for. The key word throughout is knowledge: you’re disclosing what you actually know, not running inspections to discover problems you don’t.

What you actually have to disclose

The form walks you through the house section by section. In plain terms, you’re telling the buyer about:

• Systems and features: what the home has — HVAC, roof, water heater, appliances, pool, septic or sewer — and whether any are not in working order.
• Known defects: issues you’re aware of with the foundation, roof, walls, plumbing, electrical, drainage, and similar — including past problems that were repaired.
• Water and flooding: Texas expanded this heavily after Hurricane Harvey. You disclose prior flooding into the structure or onto the property, whether you’re in a FEMA 100-year or 500-year flood plain or a reservoir flood pool, prior flood-damage repairs, and whether you’ve ever filed a flood-insurance claim or received disaster assistance.
• Other material facts: termite or wood-rot history, prior repairs, pending assessments, HOA matters, and anything else that could reasonably affect a buyer’s decision.

If you genuinely don’t know the answer to something, “unknown” is an acceptable response — the form isn’t asking you to certify what you couldn’t reasonably know.

What you don’t have to disclose

Texas law specifically protects a few things. You have no duty to disclose that a death occurred on the property by natural causes, suicide, or an accident unrelated to the property’s condition, and no duty to disclose a prior occupant’s HIV or AIDS status. The distinction that trips people up: a death tied to a condition of the property is different — if someone drowned in the creek out back, the hazard itself is something a buyer should know about. When in doubt, I’d rather talk it through than guess.

Who’s exempt from the requirement

A handful of sales fall outside §5.008. The common exemptions include foreclosure and lender sales, transfers by a court-appointed executor or trustee administering an estate, transfers between co-owners or to a spouse or direct family member, certain transfers tied to divorce, and brand-new homes that have never been occupied. Most ordinary resales are not exempt — and even when an exemption technically applies, disclosing known problems anyway is often the smarter move for limiting later disputes. If you’re selling a home you inherited or one held in a trust, that’s worth a specific conversation.

Why honesty is the cheaper path

Sellers worry that disclosing a flaw scares buyers off. In practice the opposite usually happens: a clear, honest form builds trust and keeps the deal from blowing up later. Hiding a known defect is what creates real exposure — a buyer who discovers a concealed problem after closing can come back at you, and “I didn’t put it on the form” is not the defense people hope it is. A disclosed issue is negotiated once, in the open; a hidden one can follow you for years. It’s the same reason pricing honestly from the start matters, which I cover in how a proper CMA prices your home, and it’s part of the wider cost-and-risk picture in what it really costs to sell a Houston home.

How I help you fill it out

The disclosure form looks intimidating, but most of it is straightforward once you go through it together. My job is to make sure you complete it accurately and completely, point out the spots sellers commonly overlook, and help you document repairs so a past problem reads as “handled,” not “hidden.” Getting it right is one of the first things we do when we plan selling your Houston home.

Last updated: June 2026 · General information on Texas disclosure practice, not legal advice. TREC periodically updates its forms; confirm the current notice and your specific situation with your agent or an attorney.