Selling your home means a lot of paperwork, and one form deserves more attention than the rest: the Seller's Disclosure Notice. It tells buyers what you know about your home's condition. Done right, it also protects you.
Here is what Texas sellers need to know about it, including what changed in 2026.
Quick answer: Under Texas Property Code Section 5.008, most sellers of a single-family home must give the buyer a written Seller's Disclosure Notice on or before the contract's effective date. If it arrives late, the buyer may terminate within seven days of receiving it. Revised forms, including a new Water Notice, became mandatory on July 1, 2026.
What Is the Seller's Disclosure Notice?
Texas Property Code Section 5.008 requires a seller of residential property with no more than one dwelling unit to give the buyer a written disclosure notice about the property's condition. You complete it to the best of your belief and knowledge as of the date you sign it. If you do not know the answer to a question, you indicate that it is unknown.
When Is It Due?
The notice must be delivered to the buyer on or before the effective date of the contract. If the buyer signs a contract without receiving it, the law allows the buyer to terminate the contract for any reason within seven days after receiving the notice.
Why it matters: Under the standard Texas contract, a buyer who terminates this way gets their earnest money back. Delivering the notice early keeps your deal on solid ground.
What It Covers, Including Flooding
The notice asks about the condition of the home and any known defects. Since September 1, 2019, it has also included more detailed flood questions, including whether the property is wholly or partly in a 100-year floodplain, 500-year floodplain, floodway, flood pool, or reservoir. It also asks whether you have ever filed a flood damage claim with any insurance provider, including the National Flood Insurance Program, and whether you have ever received assistance from FEMA or the U.S. Small Business Administration for flood damage.
What Changed in 2026
The Texas Real Estate Commission (TREC) revised its forms, and the revised forms became mandatory on July 1, 2026. The disclosure added new questions about:
- Property insurance
- Private-road maintenance
- Above-ground storage tanks over 500 gallons
- Conservation easements
Standby generators are now called out under Improvements. TREC also created a new standalone Water Notice (TREC 61-0) about wells and water rights. For a typical subdivision home on city water and sewer, these new items are usually quick to answer.
What You Do Not Have to Disclose
Under Section 5.008, a seller or seller's agent has no duty to disclose whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property. The same applies to whether a previous occupant had HIV or AIDS.
Who Is Exempt?
Section 5.008 lists eleven exemptions. They include foreclosure and court-ordered sales, sales by an executor or trustee of an estate, certain transfers between spouses or to family, transfers to or from a government entity, and new homes that have never been occupied.
Selling As-Is Does Not Skip It
Texas allows as-is sales, but selling as-is does not waive your disclosure obligations. You still owe the buyer a full Seller's Disclosure Notice.
Why Honesty Protects You
If a seller hides a known problem, the buyer might sue for breach of contract or fraud. And if the buyer hires an inspector, the inspector may find the issue anyway. A complete, honest disclosure sets clear expectations from the start.
Other Notices You May Need
Depending on your home, you may need additional notices, such as a lead-based paint disclosure for homes built before 1978, MUD and PID notices, and HOA information.
This post is general information, not legal advice. For questions about your specific situation, talk to a Texas real estate attorney.
Frequently Asked Questions
Is a seller's disclosure required in Texas? Yes, for most sellers of a single-family home. Texas Property Code Section 5.008 requires it, with certain exemptions such as foreclosure sales and new homes that have never been occupied.
When does the seller have to give the disclosure? On or before the effective date of the contract. If it is delivered late, the buyer may terminate within seven days after receiving it.
Do I have to disclose a death in the home in Texas? No. Section 5.008 says a seller has no duty to disclose a death by natural causes, suicide, or accident unrelated to the condition of the property.
What is the new Texas Water Notice? It is a standalone TREC form, mandatory as of July 1, 2026, that covers wells and water rights. For a typical subdivision home on city water, it is usually quick to complete.
Sell With Confidence
The disclosure is one of the most important documents in your sale. Ryan Adams and The Adams Group TX walk sellers through the current forms so nothing is missed. Thinking about listing your home? Call us at (832) 308-7633 or visit us at 5822 Sienna Parkway, Suite 500, Missouri City, TX 77459.
