Aug. 25, 2026
“Do I really have to disclose that?”
That is a question I hear from sellers from time to time.
And on the other side of the transaction, buyers often wonder:
“What exactly am I supposed to learn from the Seller’s Disclosure?”
The answer is a little more complicated than simply handing someone a form and checking a bunch of boxes.
Texas has specific laws regarding seller disclosures, and the forms used in real estate transactions have changed over the years.
So let's talk about what a Seller's Disclosure is, what sellers should know before completing one, what buyers should know when reviewing one, and some situations where Texas law provides an exception.
First Things First: What Is a Seller’s Disclosure?
In Texas, sellers of most previously occupied single-family residences are required to provide the buyer with written information about the property's condition and certain material facts.
Texas Property Code §5.008 establishes the statutory disclosure requirements. The law requires a seller to provide a written notice containing specific information about the property's condition and known material facts.
You may hear people call this simply the Seller's Disclosure or Seller's Disclosure Notice.
The form can ask about a lot of things, including:
- Roof and foundation
- Plumbing and electrical systems
- Appliances
- Previous repairs
- Termites and other wood-destroying insects
- Water damage and flooding
- Floodplains and floodways
- Previous fires
- Unpermitted improvements
- HOA fees and assessments
- Deed restrictions
- Certain legal proceedings
- Insurance
- Water supply
- Wells
- Other conditions that could materially affect the property
And that's only part of the list.
One important thing to understand:
A Seller's Disclosure is not a home inspection and it is not a warranty.
It is information about what the seller knows about the property.
Wait… Isn't There More Than One Seller's Disclosure Form?
Yes.
And this is something that can confuse homeowners who haven't bought or sold a home in Texas recently.
My brokerage uses the Texas REALTORS® TXR 1406 Seller's Disclosure Notice, while some brokers use the TREC 55-1 Seller's Disclosure Notice.
The forms are not necessarily identical.
The underlying statutory disclosure requirements come from Texas Property Code §5.008, while the forms can contain additional questions and disclosures.
TREC's current Seller's Disclosure Notice is Form 55-1, effective May 28, 2026.
So if your neighbor tells you:
“That's not the form I used when I sold my house.”
They may be absolutely right.
Sold a House 10 Years Ago? Your Disclosure May Look Very Different Today.
This is something homeowners sometimes forget.
Just because you bought or sold a home 10 years ago doesn't mean you're familiar with today's Seller's Disclosure.
The forms change.
Laws change. New issues become important. Questions get added or revised.
Flooding is a great example.
After Hurricane Harvey devastated parts of Southeast Texas and the Houston area in 2017, flooding became an even bigger focus in Texas real estate. Flood-related questions were added to the Texas REALTORS® Seller's Disclosure Notice, including questions involving floodplains, previous flooding, flood insurance and other flood-related conditions.
And the updates haven't stopped.
The current TREC 55-1, for example, was updated in 2026 to address additional information such as current insurance coverage, private roads, certain large aboveground storage tanks and conservation easements.
So if you sold a house ten years ago and think:
“I've done this before. I know what I'm doing.”
Take another look.
Your old disclosure isn't necessarily your current disclosure.
And please don't pull an old disclosure out of your computer and assume it's still the right form for today's transaction.
Your real estate professional should provide you with the appropriate current form for your transaction.
Sellers: Answer What You Know — Don't Guess
This is probably the most important thing I want sellers to understand.
The Seller's Disclosure contains a lot of questions, and occasionally you will come across one where you honestly think:
“I don't know.”
That's okay.
Texas law provides that the notice is completed to the best of the seller's belief and knowledge as of the date it is completed and signed.
That means sellers should answer truthfully based on what they actually know.
Don't guess.
Don't answer “yes” because you think that's what the buyer wants to hear.
Don't answer “no” because you don't remember a problem.
And don't feel like you have to be an expert on every aspect of your property.
Here's a real-life example.
I once had a seller who wasn't sure whether his property was located in a 500-year floodplain.
He didn't know.
He decided to research it and discovered that the property was, in fact, in the 500-year floodplain.
Once he had that information, he knew the answer.
But here's the important part:
I don't believe sellers should think they have to investigate every question they can't answer.
The lesson isn't “go research everything.”
The lesson is:
Your disclosure should accurately reflect what you know when you complete and sign it.
If you genuinely don't know something, don't make up an answer.
And if you're unsure about what the law requires you to disclose in a particular situation, that's a legal question — not something you should guess about.
And Here's Where Your Real Estate Agent Comes In
There is an important distinction between helping a seller through a transaction and telling a seller how to answer a legal disclosure.
Your real estate agent can explain what the disclosure is, explain where it fits into the transaction, and help you understand the process.
But your agent should not be telling you:
“Check this box.”
or
“Don't disclose that.”
The seller is the person providing the information and signing the disclosure.
As a real estate professional, I am not an attorney, and I don't provide legal advice about what a seller is legally required to disclose.
If you have a question about whether something needs to be disclosed, whether an exception applies, or how a particular situation should be handled, talk with a qualified Texas real estate attorney.
That's not being overly cautious.
It's knowing where one professional's job ends and another professional's expertise begins.
What If the Seller Never Lived in the House?
This happens more often than you might think.
Maybe the property was:
- Inherited
- A rental property
- An investment property
- Purchased but never occupied
- Owned by someone who hasn't lived there for many years
Does that automatically mean the seller doesn't have to provide a disclosure?
No. Not necessarily.
Not living in a property does not automatically eliminate a seller's disclosure obligations.
A seller who has lived in a home for 20 years may have extensive firsthand knowledge about a roof replacement, plumbing problem or previous water leak.
A seller who has never lived there obviously may not have that same firsthand experience.
But they may have information from:
- Previous owners
- Tenants
- Property managers
- Inspection reports
- Repair invoices
- Contractors
- Insurance claims
- Other records
Again, the goal is to provide the information the seller actually knows.
What About an Inherited Home?
This is one where I want to slow down for a minute because “I inherited the house” doesn't automatically answer the disclosure question.
Texas law provides an exception for certain transfers by a fiduciary in the course of administering a decedent's estate.
For example, an executor or other fiduciary may be selling property as part of administering the estate.
But that is not necessarily the same situation as an heir who has already received the property and later decides to sell it personally.
The details matter.
So if Grandma left you her house and you're now thinking about selling it, don't automatically assume:
“It's an inherited house, so I don't need a Seller's Disclosure.”
You may or may not fall within an exemption depending on how the property is being transferred and who is making the sale.
If you're unsure, this is a great example of a situation where you should ask a qualified Texas real estate attorney.
When Is a Seller NOT Required to Provide a Seller’s Disclosure?
Texas Property Code §5.008 contains specific exceptions to the Seller's Disclosure requirement.
Some of those include certain transfers involving:
1. Certain Transfers Under a Court Order or Foreclosure
Certain transfers occurring pursuant to a court order or foreclosure sale are included among the statutory exceptions.
2. A Transfer by a Trustee in Bankruptcy
A transfer by a trustee in bankruptcy is also included among the exceptions.
3. Certain Transfers to a Mortgagee or Beneficiary
Texas law provides an exception for certain transfers made by a mortgagor or successor in interest to a mortgagee or to a beneficiary under a deed of trust.
4. Certain Transfers From a Mortgagee or Beneficiary
There is a separate exception for certain transfers by a mortgagee or beneficiary after acquiring the property through foreclosure or through a deed in lieu of foreclosure.
In simple terms:
#3 involves certain transfers TO the lender or beneficiary.
#4 involves certain transfers FROM the lender or beneficiary.
The details of these transactions matter, so if you're not sure whether an exemption applies to your situation, talk with a Texas real estate attorney.
5. Certain Transfers by a Fiduciary
The statute includes certain transfers by a fiduciary in the administration of a:
- Decedent's estate
- Guardianship
- Conservatorship
- Trust
And this is important:
“It's an estate sale” does not automatically mean every estate transaction is exempt.
The circumstances of the transfer matter.
6. Certain Transfers From One Co-Owner to Another Co-Owner
Certain transfers from one co-owner to one or more other co-owners are included in the statutory exceptions.
7. Certain Transfers to a Spouse or Certain Family Members
The statute provides an exception for certain transfers to a spouse or to certain family members in the direct line of descent.
8. Certain Transfers Related to Divorce or Legal Separation
Certain transfers resulting from a divorce, legal separation, or related property settlement agreement are also included.
9. Certain Transfers To or From Governmental Entities
Certain transfers involving governmental entities are exempt.
10. Certain New, Never-Occupied Residences
The statute provides an exception for a new residence of not more than one dwelling unit that has not previously been occupied for residential purposes.
11. Certain Properties Where the Dwelling Represents No More Than 5% of the Property's Value
There is also a statutory exception involving property where the value of any dwelling does not exceed five percent of the property's value.
Important: These exceptions can be very fact-specific. Don't assume that because your situation sounds similar to one of these categories, the exemption automatically applies.
When in doubt, ask an attorney.
There Are Also Things Texas Law Says Don't Have to Be Disclosed
This is a little different from being completely exempt from providing a Seller's Disclosure Notice.
Texas law addresses certain information involving deaths on a property, including deaths from natural causes, suicide, or an accident unrelated to the condition of the property.
The law also addresses information concerning whether a previous occupant had, may have had, has, or may have HIV/AIDS or an HIV-related illness.
Again, that doesn't mean a seller can ignore known problems with the physical condition of the property.
If you have a specific situation you're concerned about, ask a qualified attorney.
Buyers: Read the Disclosure — But Don't Stop There
Buyers, this part is for you.
The Seller's Disclosure can be incredibly useful, but it is not a substitute for your own due diligence.
Remember:
The seller is answering based on what they know.
They may not know about a problem.
They may never have experienced it.
A problem may have developed after the disclosure was completed.
Or something may simply have gone unnoticed.
So when you're buying a home:
Read the Seller's Disclosure carefully.
Ask questions when appropriate.
Get your inspections.
Review available records.
Investigate things that matter to you.
And if something on the disclosure raises a red flag, don't just ignore it because you really love the kitchen. 😉
That's what your due diligence is for.
What Happens If the Seller Doesn't Provide the Disclosure?
Texas law establishes when the Seller's Disclosure Notice must be provided and provides certain buyer rights if the required notice isn't provided as required by law.
This is another reason I encourage sellers to think about the disclosure before they have a buyer standing in front of them.
It isn't something you want to scramble to complete at the last minute.
Give yourself time to read the questions, think about your answers, gather information you already have, and ask questions if you're unsure about the legal requirements.
My Biggest Advice to Sellers?
Don't guess.
Don't try to figure out which answer will make the house easier to sell.
Don't have your real estate agent tell you what to put on the form.
And don't assume you need to investigate every question simply because you don't know the answer.
Answer honestly and to the best of your knowledge and belief.
If you have documentation about repairs, inspections, insurance claims or other issues with the property, keep it available.
And if you're dealing with an unusual situation — an estate, divorce, foreclosure, inherited property, trust, family transfer, or something else that makes you wonder whether a disclosure is required — don't guess.
Ask a qualified Texas real estate attorney.
Your real estate agent can help you navigate the transaction.
An attorney can provide legal advice.
Those are two different jobs.
My Biggest Advice to Buyers?
Don't treat the Seller's Disclosure like a guarantee.
Use it as one piece of the puzzle.
The disclosure can tell you what the seller knows.
Your inspection can help you understand the current physical condition of the property.
Your research can help you understand the neighborhood, flood risk, taxes, utilities, restrictions and other things that matter to you.
The goal isn't to find a house with absolutely nothing wrong with it.
Let's be honest — that's probably going to be a tough house to find. 😂
The goal is to understand what you're buying so you can decide whether the property is right for you.
One Last Thought
I think one of the most important things about real estate is understanding that the rules don't stay frozen in time.
If you bought or sold a house ten years ago, you may remember the process very well.
But that doesn't necessarily mean you know today's forms, today's questions or today's requirements.
Flooding changed the conversation in Texas.
New laws have changed disclosure requirements.
Forms continue to be updated.
And that's actually a good thing.
The questions are there because buyers deserve information that can help them make an informed decision.
For sellers, the best approach is simple:
Be truthful. Don't guess. Don't hide information you know. And don't be afraid to ask for legal advice when you're dealing with a legal question.
For buyers:
Read the disclosure. Ask questions. Do your due diligence. And remember that buying a home is a big decision — you deserve to understand what you're buying.
I'm a Texas real estate professional, not an attorney, and this article is intended for general educational purposes only. Texas disclosure laws can be fact-specific, and the particular circumstances of a transaction can matter. If you have a legal question about a Seller's Disclosure or whether an exemption applies to your situation, consult a qualified Texas real estate attorney.
For all your real estate needs, get Jacque!
#GetJacque #INCrealty #TexasRealEstate #MontgomeryTX #LakeConroe #TexasHomeBuyers #TexasHomeSellers #RealEstateTips