Texas Real Estate Disclosure Requirements

Texas requires sellers to disclose property conditions.

Is Texas a Disclosure State?

YES

Texas requires sellers of single-unit residential properties to provide a Seller's Disclosure Notice under Property Code § 5.008. Enhanced flood disclosure requirements were added after Hurricane Harvey in 2019. Texas has one of the most extensive exemption lists of any disclosure state.

Mandatory Disclosure

Property Condition Disclosure

Required

Official Form:

TREC Seller's Disclosure Notice (Form 55-0) or Texas REALTORS® Form TXR 1406

Texas Property Code § 5.008 requires sellers to provide written disclosure of property conditions using the official TREC form or Texas REALTORS® form. The disclosure covers walls, roof, floors, doors, driveways, electrical systems, plumbing, HVAC, and identifies problems like termites, asbestos, previous fires, and lead paint. The form must be completed to the best of the seller's knowledge.

Environmental Hazards

Required

The TREC disclosure form requires sellers to identify environmental hazards including termite damage, asbestos, lead paint, previous use as a methamphetamine lab, and presence of hazardous materials. Sellers must also disclose any underground storage tanks or known soil contamination.

Specific Hazards Covered:

Lead-based paint (federal)

Asbestos

Termite damage

Previous meth lab use

Hazardous materials

Underground storage tanks

Soil contamination

Natural Hazards

Required

Post-Hurricane Harvey (2019), Texas enhanced flood disclosure requirements. Sellers must disclose: FEMA flood zone designation (100-year and 500-year), previous flooding from reservoir breach, water penetration from natural flood events, flood insurance claims filed, and FEMA/SBA assistance received. Coastal properties near the Gulf of Mexico require additional disclosures under the Open Beaches Act and Dune Protection Act.

Specific Hazards Covered:

100-year floodplain (Zone A, V, AE, VE, etc.)

500-year floodplain (Zone X shaded)

Flood history/water penetration

Reservoir breach flooding

Coastal zone (Open Beaches Act)

Dune protection areas

Key Points for Texas

1Disclosure required for single-unit residential properties only
2Post-Hurricane Harvey: Enhanced flood disclosure requirements (2019)
3Must disclose FEMA flood zone AND any flood insurance claims
4Coastal properties have additional Open Beaches Act requirements
5Texas has extensive exemptions (11+ categories)
6Inheritors must still disclose if estate already distributed
7"As-is" sales do NOT exempt sellers from disclosure requirements
8Failure to explain affirmative disclosures can create liability (Calhoun v. I-20 case)

Timing Requirements

Disclosure must be provided before the buyer is bound by a contract. Seller must complete the form to the best of their knowledge as of the signing date.

Penalties for Non-Disclosure

Sellers who fail to disclose known defects may face liability under the Deceptive Trade Practices Act, fraud claims, and civil liability for damages. Buyer's agents can also be held liable for failing to advise buyers about incomplete disclosures (Calhoun v. I-20 Team Real Estate case).