Seller's Disclosure of Property Condition

Step 5 of 29 · Selling the W home in Texas, without an agent

What this is

The Seller's Disclosure is a written form where you tell the buyer what you know about the home's condition. Texas law requires it for most home sales.

Why it matters

It protects both of you. The buyer gets honest information, and you get a written record of what you told them.

What it covers

Working condition of the systems: heating and air (HVAC), plumbing, electrical, roof, and foundation.
Smoke detectors.
Known defects.
Termite, water, or flood history.
Lead-based paint and aluminum wiring.
Whether the home is in a floodplain.
Any prior methamphetamine manufacture.

Important limits

It is not a warranty. You are telling what you know, not promising the home is perfect.
Only pending lawsuits must be disclosed — not settled or dismissed ones.
A death by natural causes or suicide, and HIV/AIDS status, do not need to be disclosed.

The law, in plain English

Texas Property Code §5.008 requires a seller of a home "comprising not more than one dwelling unit" to give the buyer a written disclosure. You must deliver it before the buyer is bound to the contract. The Texas Real Estate Commission (TREC) publishes the approved form free. Some sales are exempt, including court-ordered or foreclosure sales, bankruptcy trustee sales, new construction, certain transfers between co-owners or spouses, and inheritance.

How to do it

Get the free form from TREC (trec.texas.gov).
Fill it out honestly and thoroughly.
Deliver it early — before the buyer signs the contract.

Good to know: Take your time and be thorough. The form is a checklist; go through it room by room.

Watch out: If you know of a serious problem and hide it, you could face legal trouble later. Honesty is your best protection.

Sources: Property Code §5.008 (full text) · TREC forms

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