Most Texas sellers will be asked to complete a Seller's Disclosure Notice before a buyer makes an offer. It is a form in which you tell the buyer what you know about the condition of the home, and it is one of the most important documents in the sale. Sellers often find it uncomfortable to list problems, and some are tempted to leave things out. That is a mistake: the notice is where most disputes after closing begin. This guide explains what the notice covers, who has to complete it, and how to fill it out accurately. It is general information and not legal advice, so ask your agent or an attorney about your specific situation.
THE BASICS
What the Notice Is and Why It Exists
Texas law requires most sellers of residential property to give the buyer a written notice about the property's condition. The standard form walks through the structure and its systems and asks about the items you know of. It exists because Texas is a state where buyers are expected to inspect, but sellers are still required to be truthful about problems they are aware of. The notice does not replace an inspection, and it does not guarantee condition. It records what you knew and told the buyer at the time.
WHO COMPLETES IT
Which Sellers Have to Provide One
The requirement applies to most sellers of homes with up to four dwelling units, but there are exceptions. Sellers who are exempt generally include those selling under a court order, personal representatives and trustees selling an estate or trust property, and some other special situations, and a builder selling a new home that has never been occupied is usually not covered the same way. If you are not sure whether you are exempt, ask your agent or attorney instead of assuming. See Selling an Inherited House for how this plays out when an estate is selling.
WHAT IT COVERS
The Items You Will Be Asked About
The form asks about a long list of features and conditions. Some of the areas it typically covers are listed below, but read the current form carefully because it is detailed.
- Major systems and appliances: heating and cooling, plumbing, electrical, water heater, roof, and appliances that convey
- Structure: foundation problems or past repairs, wall and ceiling defects, and previous or current water penetration
- Environmental and safety items: flooding, whether the home is in a floodplain, and past fires, termite or wood-rot damage, and lead-based paint in older homes
- Property and neighborhood: HOA membership and dues, boundary and easement issues, and shared structures such as fences or driveways
- Insurance, utilities, and water: past insurance claims for damage, and details about the water source, a septic system, or a well on rural or acreage properties
KNOWLEDGE
You Disclose What You Actually Know
The notice is based on your actual awareness, not on what you could have found by inspecting your own home. If you know about a leak, a past foundation repair, or a flooding event, it belongs on the form, even if you fixed it. If you truly do not know the answer to a question, you can say so, but you cannot check a box that says there is no problem when you know otherwise. A knowingly false answer, or leaving out something you know is material, can expose you to a claim after closing, and it is far cheaper to disclose than to defend a dispute.
THE AS-IS QUESTION
Selling As-Is Does Not Cancel the Notice
Listing a home as-is changes how repairs are negotiated, but it does not remove your duty to disclose what you know. Our guide to repairing a home or selling it as-is explains how the two fit together. In short, as-is limits what you are willing to fix, while the disclosure notice is about telling the truth about what is wrong.
WHY HONESTY HELPS
How Disclosure Protects You
A complete notice sets expectations before a buyer commits. Buyers who know about an older roof or a prior repair when they make an offer are less likely to renegotiate hard after the inspection, and a documented disclosure is better evidence than a memory if a dispute comes up later. Pair your notice with the preparation steps in our staging and pre-listing checklist so the home is presented honestly and in its best light.
TIMING
When the Buyer Receives It
The notice is generally due to the buyer on or before the effective date of the contract, and the contract spells out what happens if it arrives later. In practice, many agents have sellers complete the form before the home is listed so it can be provided with the first offer. A buyer then reviews it during the option period alongside the inspection; see Texas Option Period and Earnest Money for how that window works.
COMMON MISTAKES
Mistakes to Avoid
Most problems come from a handful of habits.
- Leaving out a past repair because it was fixed; list it and describe what was done, and keep records
- Guessing instead of checking: look at old inspection reports, insurance claims, and contractor invoices before you answer
- Letting a family member or occupant complete the form without your review, since you are responsible for what it says
- Rushing the form at the last minute without reading each question
- Failing to update the notice if you learn something new before closing
NEXT STEP
Fill It Out With Your Agent
Todd Spencer walks each seller through the notice question by question before the home is listed, so the answers are accurate and consistent with what a buyer's inspector is likely to find. For the broader picture of selling, start with the seller's guide, and see how to price your home and seller closing costs for the numbers.
Common questions
Frequently asked questions.
Do I have to give a seller's disclosure in Texas?
Most sellers of residential property with up to four units must provide a written Seller's Disclosure Notice, though certain sellers, such as those selling under a court order or as a representative of an estate or trust, are generally exempt. If you are unsure, ask your agent or an attorney.
What happens if I leave something off the disclosure?
If you knew about a material problem and did not disclose it, the buyer may bring a claim after closing. It is much safer to disclose what you know and keep records of repairs and inspections.
Do I have to disclose problems I already fixed?
The form asks about past conditions and repairs as well as current ones, such as foundation repairs or water penetration. List what happened and what was done, and keep the paperwork so a buyer can see the repair was addressed.
Does selling as-is mean I do not have to disclose?
No. As-is affects whether you will make repairs or give credits, but the duty to disclose known material defects remains.
When does the buyer get the disclosure?
It is generally due on or before the effective date of the contract, and the contract addresses what happens if it is delivered later. Many sellers complete it before listing so it is ready with the first offer.
Can I say I do not know?
Yes, if you truly do not know the answer to a question. But you cannot answer that there is no problem when you are aware of one, and you should check records, reports, and claims before you answer.
Ask Todd
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