By Weiting Yu, Texas-licensed agent (TREC #787385) · Updated November 13, 2026
Who has to give the notice?
Most sellers of a single-family home that someone has lived in. The statute lists narrow exemptions, including foreclosure and court-ordered sales, sales by an executor or trustee, and a builder's sale of a new home that has never been occupied. Selling "as is" is not an exemption.
When is it due?
Before the contract's effective date. In practice, complete it before the home goes on the market so every buyer can read it before writing an offer. A notice delivered after the effective date gives the buyer seven days to walk away.
What does the form ask?
- What the property has. Appliances, systems and features, and whether each one works.
- Known defects. Roof, foundation, walls, plumbing, electrical, HVAC and other parts of the structure.
- Known conditions. Past repairs, termites and other wood-destroying insects, water penetration, fire damage, unpermitted work and similar items.
- Flood history. Flood insurance coverage, past flooding, location in a floodplain, and FEMA or SBA assistance.
- Other facts. HOA membership and fees, lawsuits, liens, and utility districts.
How should you answer?
- Answer from your own knowledge. The form asks what you are aware of. It is not an inspection and you are not expected to investigate.
- Use "unknown" honestly. If you never used the fireplace, say so. Do not guess "no".
- Explain every "yes". Say what happened, when, and who repaired it. Attach invoices and warranties.
- Disclose repaired problems. A fixed leak is still a past leak. Buyers accept repaired problems far more easily than discovered ones.
- Update it. If something changes before closing, such as a new roof leak, give the buyer a corrected notice.
What are the common mistakes?
- Leaving lines blank, so the buyer cannot tell "no" from "skipped".
- Checking "no" for flooding because the water never reached the living area.
- Forgetting work done without a permit by a prior owner that you know about.
- Skipping the separate notices a home may need: a MUD notice, a PID notice, HOA documents, and the lead-based paint addendum for homes built before 1978.
- Using an outdated version of the form.
Does disclosing problems lower the price?
Less than hiding them does. A buyer's inspector will find most defects during the option period, and a surprise at that stage costs more in renegotiation than an item the buyer priced in from day one. Disclosure also protects you after closing.
Frequently asked questions
Is the TREC form the only one allowed?
No. Sellers may use another form that contains at least the same information, such as the longer Texas REALTORS version.
Do I need an inspection before I fill it out?
No. You disclose what you know. A pre-listing inspection is optional, and anything it finds becomes something you know.
What if I inherited the house and never lived there?
You still answer from what you know, and "unknown" is a legitimate answer. Some estate sales by an executor are exempt; ask the attorney handling the estate.
Who fills it out, me or my agent?
You do. Your agent can explain the questions and check that it is complete, but the answers are yours.
KAT Realty Group reviews your disclosure paperwork as part of our full-service flat fee listing: $5,999 (homes under $900,000; higher-priced homes have their own fixed fee). Sellers pay $600 at listing signing and the balance at closing, only if the home sells. See how to sell a house in Texas.
This article is general information, not legal advice. Sources: TREC Seller's Disclosure Notice; Texas Property Code §5.008.
