Texas Seller Disclosure Requirements: Complete 2026 Guide

Texas Disclosure Law Overview

Texas Property Code Section 5.008requires sellers of most residential properties to provide a written Seller's Disclosure Notice to prospective buyers. This notice is a standardized form published by the Texas Real Estate Commission (TREC) that covers the physical condition of the home and any known defects or issues.

The law applies to single-family homes and properties of up to four units. It does NOT apply to:

• Properties with five or more residential units
• Sales between family members (spouses, parents, children, etc.)
• Transfers as part of a foreclosure or deed in lieu of foreclosure
• New construction (though builders have separate disclosure obligations)
• Sales where the buyer has waived the requirement in writing

Even when not legally required, it is generally best practice to provide a disclosure to protect yourself from future legal claims.

What Must Be Disclosed

The TREC Seller's Disclosure Notice covers all material facts about the property's physical condition. Here is what you are required to disclose:

What You Don't Have to Disclose

Texas law does not require disclosure of so-called “stigmatized property” facts. This includes:

• Deaths that occurred on the property (natural, accidental, suicide, or homicide)
• Previous criminal activity on or near the property
• Whether a sex offender lives in the vicinity (though buyers can check the public registry)
• The property's reputation as being “haunted” or stigmatized

However, if a buyer asks you directly about any of these items, you cannot lie. Texas law protects sellers from disclosing stigmatized facts proactively, but misrepresenting known facts in response to direct questions is a different matter.

Flood Disclosure in Houston

Houston sellers must disclose all of the following on the TREC form:

1. Whether the property is located in a FEMA Special Flood Hazard Area (SFHA) — also called a 100-year floodplain (Zone A or AE)
2. Whether the property is located in a 500-year floodplain (Zone X, shaded)
3. Whether the seller is aware of the property flooding during their period of ownership
4. Whether the seller is aware of any past flood insurance claims on the property
5. Whether the property has a certificate of occupancy issued after any flooding event

This is the most heavily scrutinized area of Houston seller disclosures. Buyers and their agents specifically look for flood history. Complete this section with extreme care and accuracy.

How to Fill Out the TREC Disclosure Form

The TREC Seller's Disclosure Notice (form OP-H) is a standardized multi-page form. Here are key tips for completing it:

• Answer “Yes,” “No,” or “Unknown” — never leave blanks. An unanswered question is a disclosure issue.
• Use “Unknown” only when genuinely unsure.If you bought the property recently and don't know its flood history, “Unknown” is appropriate. If you lived through a flood, it is not.
• Consider a pre-listing inspection. Having a licensed inspector evaluate the property before you list helps you answer disclosure questions accurately and proactively address issues.
• Document known repairs. If you repaired a foundation issue in 2022, disclose it and provide the repair invoice and warranty. Documented repairs often reassure buyers more than they deter them.
• Deliver the form early. Provide the completed disclosure before the buyer submits an offer if possible. This reduces the chance of post-contract renegotiation based on disclosure review.

Consequences of Non-Disclosure

Failing to properly complete the seller disclosure — or knowingly misrepresenting conditions — can have serious legal and financial consequences:

Frequently Asked Questions