Do Texas home sellers have to give a seller's disclosure notice?
Short answer
Yes, for most sales of residential property with no more than one dwelling unit. Texas Property Code section 5.008 requires the seller to give the buyer a written notice of the property's condition on or before the effective date of the contract. If it arrives later, the buyer may terminate for any reason within seven days of receiving it.
Sources last reviewed September 19, 2026. General information, not legal advice.
Who has to give it
The requirement applies to a seller of residential real property with not more than one dwelling unit in Texas. It applies to the seller, so it covers a for-sale-by-owner (FSBO) seller as much as one using an agent.
Who is exempt
The statute lists 11 categories of exempt transfers. Examples include:
- Court-ordered sales and foreclosure sales
- Transfers by a bankruptcy trustee
- Transfers by a fiduciary in an estate, guardianship or trust
- Transfers between co-owners
- Certain family transfers, such as between spouses or in the direct line of descent
- Transfers related to a divorce
- Transfers to or from a government entity
- New residences that have never been occupied
- Property where the dwelling makes up less than 5% of the total value
When it is due, and what happens if it is late
The notice must be delivered on or before the effective date of an executory contract (a contract that has been signed but not yet closed). If the seller delivers it after the contract is signed, the buyer may terminate the contract for any reason within seven days of receiving the notice.
The TREC resale contract has its own paragraph for this, with checkboxes for whether the buyer has received the notice, has not yet received it, or the seller is not required to furnish it.
What the notice covers
The notice addresses the condition of the property, including structural items and smoke detectors. It also includes flood-related disclosures:
- Whether the property has flood insurance coverage
- Whether there has been water penetration from a natural flood event
- Whether the property is in a 100-year or 500-year floodplain, a floodway, or a flood pool or reservoir
What it is, and is not
The notice reflects the seller's belief and knowledge as of the date it is signed. It records what the seller knows; it is not a substitute for a buyer's own inspection.
Frequently asked questions
- Does a for-sale-by-owner seller in Texas need to give one?
- Yes, if the sale is covered. The requirement is on the seller of qualifying residential property, not only on sellers who use an agent.
- What if the buyer gets the disclosure after signing the contract?
- The buyer may terminate the contract for any reason within seven days of receiving the notice.
- Does the notice include flood information?
- Yes. It covers flood insurance coverage, prior water penetration from natural flood events, and whether the property is in a floodplain, floodway, or flood pool or reservoir.
Sources
- Texas Property Code, Section 5.008 (Texas Legislature Online)Who must give the notice, the exemptions, timing, the seven-day termination right, and the flood-related disclosures.
- TREC: One to Four Family Residential Contract (Resale), form 20-19The contract paragraph on the Seller's Disclosure Notice and its checkboxes.
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