What do sellers have to disclose when selling a home in Texas?
Reviewed August 2026 by Shannon Miles Group
Texas sellers must complete the TREC Seller's Disclosure Notice (Form 55-1, effective May 28, 2026) to disclose known defects about the property. The 2026 updates added questions about insurance history, private-road maintenance, aboveground storage tanks, and conservation easements. Exemptions may apply in certain transactions such as court-ordered sales, foreclosures, or transfers between spouses. For properties with groundwater or surface water rights, a separate Water Notice (Form 61-0, effective July 1, 2026) may also be required. For homes built before 1978, federal law requires a separate lead-based paint disclosure. This guide is informational and does not constitute legal advice. Consult a real estate attorney for specific disclosure questions.
Understanding Texas seller disclosure requirements.
Texas law requires sellers to disclose known conditions affecting their property. The primary tool for this is the Seller's Disclosure Notice, a form prescribed by the Texas Real Estate Commission (TREC). Here is what you need to know about your disclosure obligations under current 2026 law.
The TREC Seller's Disclosure Notice (Form 55-1)
What it covers
The form asks about the condition of the property's structure, systems, and components including the foundation, roof, walls, floors, windows, doors, plumbing, electrical, HVAC, appliances, and septic or sewer systems. It also covers environmental hazards like mold, asbestos, lead-based paint, radon, and underground storage tanks.
2026 updates to Form 55-1 (effective May 28, 2026)
The 2026 version of the Seller's Disclosure Notice added several new disclosure items. Sellers are now asked about: insurance claims history on the property, whether the property is subject to a private-road maintenance agreement, the presence of aboveground storage tanks, and whether the property is subject to a conservation easement. These additions reflect changing priorities in Texas real estate transactions.
Who is exempt from completing the form?
Not all sellers must complete the Seller's Disclosure Notice. Exemptions include court-ordered sales (such as probate or divorce), sales by a trustee in bankruptcy, sales by a mortgagee in foreclosure, and transfers between spouses or from parent to child. However, even exempt sellers are not relieved of the duty to disclose known material defects that are not readily observable.
Does the notice cover everything?
No. The Seller's Disclosure Notice covers specific categories, but it does not capture every possible condition. Sellers may need to disclose additional known defects beyond what the form asks. A seller's duty to disclose extends to any known condition that materially affects the property's value or desirability. When in doubt, disclose.
The Water Notice (Form 61-0)
As of July 1, 2026, sellers of properties with groundwater or surface water rights in Texas may need to provide a Water Notice (Form 61-0) to prospective buyers. This form notifies buyers about the availability and status of water rights, including groundwater districts and surface water permits. If your property has a well, pond, or surface water rights, ask your agent and attorney whether this notice applies to your transaction.
Federal lead-based paint disclosure
Sellers of homes built before 1978 must also comply with federal law, which requires a separate lead-based paint disclosure. This includes providing buyers with the EPA pamphlet "Protect Your Family from Lead in Your Home," disclosing any known lead-based paint hazards, and including a lead disclosure addendum in the contract. This requirement is separate from and in addition to the TREC Seller's Disclosure Notice.
Why disclosures matter
Full and accurate disclosures protect both the seller and the buyer. For sellers, honest disclosure reduces the risk of post-closing legal claims. For buyers, disclosures provide critical information for making an informed purchase decision. In Texas, failure to disclose known defects can result in legal liability, including damages for fraudulent concealment.
Professional boundary
This guide provides general information about Texas disclosure requirements. It does not constitute legal advice. Disclosure obligations depend on the specific property and transaction details. If you have questions about what must be disclosed in your situation, consult a qualified real estate attorney. Your agent can help you understand the forms and process but cannot provide legal advice.
Disclosure considerations in Northeast Texas.
In Northeast Texas, certain disclosure issues come up frequently. Septic systems, private wells, and private roads are common on rural properties, and all have specific disclosure implications. If your property has a septic system, disclose its age, maintenance history, and any known issues. For private wells, disclose water quality test results, well depth, and production history.
Properties in established rural areas may have deed restrictions, mineral rights reservations, or easements that should be disclosed. Agricultural valuation status does not need to be separately disclosed on the Seller's Disclosure Notice, but it is important information for buyers and is typically addressed in the contract or separately.
Given the complexity of disclosure rules, we always recommend that sellers consult with a real estate attorney when they have questions about specific disclosure obligations. The Shannon Miles Group can help you prepare the forms, but legal advice should come from an attorney.
Disclosure best practices.
- Disclose early. Provide the Seller's Disclosure Notice with the listing or as early as possible in the process. Early disclosure builds trust and reduces surprises during inspections.
- Be thorough and honest. If you are unsure about a condition, share what you know. It is better to disclose a possible issue than to remain silent and face a claim later.
- Keep records. Maintenance records, repair receipts, inspection reports, and well water test results are valuable documentation that supports your disclosures.
- Understand the exemptions. Even if your transaction is exempt from the form, you may still have a duty to disclose known defects that are not obvious to a buyer.
- Consult an attorney for complex situations. Disclosure questions involving mineral rights, easements, environmental issues, or prior insurance claims should be reviewed by a real estate attorney.
- "As-is" does not eliminate disclosure obligations. Selling as-is means you will not make repairs, but you must still disclose known defects through the Seller's Disclosure Notice.
More answers you might find useful.
Have questions about disclosures?
Call us or stop by the office at 2322 Lamar Ave. in Paris. We can help you understand the disclosure process and refer you to a real estate attorney when needed.