What Disclosures Are Required When Selling a Home in Texas?

Texas sellers are not required to be home inspectors. But they are required by law to disclose what they know. Understanding what that means — and what the consequences of failing to disclose can be — is essential for every Texas seller.

The Texas Seller's Disclosure Notice

The primary seller disclosure in Texas is the Seller's Disclosure Notice (TREC Form OP-H), which most sellers are legally required to provide to buyers before closing. Under Section 5.008 of the Texas Property Code, sellers of residential property must disclose the condition of the property to the best of their knowledge, including: the condition of the foundation, roof, plumbing, electrical systems, HVAC, and appliances; whether there is any known defect or malfunction; any previous flooding or water penetration; the presence of lead-based paint (for homes built before 1978, per federal law); and any known hazardous materials or environmental conditions on or near the property. Certain transactions are exempt from this requirement — including foreclosures, estate sales, and new construction sales — but most residential resale transactions in Texas require this form.

What Must Be Disclosed in Texas

• Known material defects: Any defect or condition the seller is aware of that materially affects the value or desirability of the property must be disclosed. Texas courts have consistently held that sellers who knew of a defect and failed to disclose it can face civil liability even after closing.
• Flooding history: Whether the property has flooded, whether it is in a FEMA flood zone, and whether flood insurance is required. This is particularly relevant in the Texas Hill Country where flash flooding events along Cibolo Creek and the Guadalupe River watershed have affected properties in recent years.
• Mold remediation: The 2025 TREC contract updates added Paragraph 6E(11) requiring sellers to provide buyers with a copy of any mold remediation certificate issued during the five years preceding the sale.
• Lead-based paint: Federal law requires disclosure for homes built before 1978, including a federally prescribed disclosure form and a 10-day buyer inspection period for lead.
• HOA and subdivision information: Sellers must provide buyers with current HOA documents, including the CC&Rs, current assessments, and any pending special assessments.

What Sellers Are NOT Required to Disclose

Texas does not require sellers to disclose stigmatized property events — including deaths, murders, or alleged paranormal activity — under Section 5.008(d) of the Property Code. Sellers also generally do not need to disclose conditions they genuinely do not know about. The disclosure obligation is based on actual knowledge, not a duty to investigate unknown conditions. However, sellers who choose to make repairs or improvements to known defects before listing — without disclosing the underlying history — can still face liability if the repair is inadequate and the buyer later discovers the original defect.

Consequences of Non-Disclosure

A Texas seller who fails to disclose a known material defect can face civil liability after closing, including potential claims for rescission of the sale, monetary damages, or both. Texas courts have been consistent in holding sellers to a duty of honest disclosure on known conditions. Working with a licensed real estate agent who walks you through the Seller's Disclosure Notice thoroughly — and ensuring it is accurate and complete — is one of the most important risk management steps a Texas seller can take.

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