What do I have to disclose when selling a house in Texas?

Let’s take a closer look at what’s on the Texas Seller’s Disclosure Notice form and what might qualify as a disclosure exception.

The Texas Real Estate Commission (TREC) maintains a current copy of this form on its website. Your Realtor can also acquire the most current version of this form through their professional association.

Occupancy

This section asks whether the seller is presently occupying the home. If they are not living there presently, the form asks them to indicate for how long the property has been vacant.

Home systems and features

Sellers are asked to indicate Yes, No, or Unknown for the presence of many home features, some of which may be obvious (window screens, washer/dryer hookups, a pool or garage), and some of which may require closer inspection (the presence of a carbon monoxide alarm, for instance). The first page of the form also confirms specifics on whether the home includes central air conditioning — likely in the Lone Star State — sprinkler systems, gas or electric stove hookup, and a city or well water source.

Smoke, fire, or CO2 detectors

The seller will be asked to confirm whether their home does or does not have smoke detectors and whether these detectors are friendly to those with hearing impairment. The disclosure form also questions whether the property has a carbon monoxide alarm, emergency escape equipment, and/or other fire detection equipment.

Structural integrity

Sellers are asked to disclose the approximate age of their home’s roof and information about the roofing type. A popular choice in this part of the country is asphalt shingle, though historic districts and properties especially feature a different material.

Additionally, the form asks sellers to indicate whether they are aware of any “defects” or “malfunctions” with significant systems in the home, including interior and exterior walls, ceilings, the foundation, and internal systems like the home’s electrical and plumbing.

Hazardous materials or conditions

Sellers are asked to disclose their knowledge of any potentially hazardous conditions on site, including drainage issues, wood rot or termite infestations, lead-based paint, and previous use of the structure for methamphetamine manufacturing.

Systems or equipment that need repair

Sellers are asked to disclose “any item, equipment, or system” in need of repair. This section of the form may catch issues with the property that were not included in previous sections.

Flood risks or water damage

Sellers are asked to disclose information about the property as it relates to flood zones. The seller is asked to disclose if they have ever received federal assistance for flood damage.

Legal, zoning, annexations, or use compliance

Sellers are asked in this form section to indicate if the home is a part of a designated homeowner’s association (HOA) or shares a common area with other homes (such as a pool or sporting courts). They are also asked to share any known information about alterations or additions that may be out of code compliance.

The Texas Realtors Association version of the form asks for information about whether the home is currently exempted from taxes for reasons including homestead, agricultural, or a disabled veteran’s status.

Deaths in the home

Sellers are required to disclose known deaths that have occurred either as a result of property issues (a gas leak, for example) or as a part of a lawsuit “directly or indirectly involving the property” — for instance, a domestic violence or murder case.

“In Texas, you’re not required to disclose deaths from natural causes,” Smith specifies regarding this portion of the disclosure form. So, for instance, if you inherited the home from a relative who passed from old age on the premises, you are not legally required to disclose this information. But if a murder occurred at the property’s address and you are aware of the fact, you must disclose that information to your prospective buyer.

Generally, “the mantra for sellers is ‘when in doubt, disclose,’” she adds, advising sellers to work with their real estate agent to disclose a level of information that is both legally obligated and appropriate. You want to be thorough without “over-sharing” old stories that may not have happened on your watch.

For those who are interested, see our story: How to Find Out if Someone Died in Your House

Additional Considerations

Some quirks specific to the Texas disclosure form are included below.

Oak Wilt

Texas Realtors version of the form asks sellers to disclose diseased trees on the property, a particularly big deal in the capital city of Austin, where Smith does business. In some cases, she says, “I recommend [hiring] an arborist” to assess the property. Losing a beautiful tree to disease “would be really sad,” Smith notes, and adds that oak wilt is common in her area. Dead or diseased trees can also make your property more difficult to sell down the road.

Gulf of Mexico

Homes located close to the coastline may be subject to the Open Beaches Act and/or the Dune Protection Act. As a result, these homes may require additional permits before the owner can make repairs or additions. Buyers will also want to check with the Texas Department of Insurance to verify whether the property is located in a designated catastrophe area.

Military Usage

Buyers will want to be aware of a property’s proximity to area military bases. This can impact noise on the property, and a disclaimer to this effect is included on both versions of the seller’s disclosure form.

Disclosure exceptions: Texas

In compliance with Texas Property Code section 5.008, certain home sales may be exempt from part or all of the disclosure process. Particularly if the property you are selling is the result of an inheritance or is being foreclosed upon, consult your real estate agent about whether it would be right to consider involving an attorney in the sale.