What must a home seller disclose in Texas?

Who has to give the notice?

Section 5.008(a) applies to “a seller of residential real property comprising not more than one dwelling unit located in this state.” That covers a typical single-family house in Dallas or Houston. The seller must use the wording printed in the statute or a notice “substantially similar” that contains, at a minimum, every item in the statutory form.

The seller fills it in “to the best of seller’s belief and knowledge” on the date it is signed. If the seller does not know an answer, marking it unknown complies with the law (§ 5.008(d)). The notice states plainly that it is not a warranty and not a substitute for an inspection, so a buyer still needs one (see our home inspection guide).

What the notice covers

The statutory form in § 5.008(b), as last amended in 2023, asks about:

• Equipment and systems: appliances, smoke detectors, heating and air conditioning, plumbing, septic or public sewer, pool, water heater, water supply (city, well, MUD or co-op), roof type and approximate age. Since September 1, 2023 (H.B. 697), the form also asks what kind of fuel gas piping the home has: black iron pipe, corrugated stainless steel tubing or copper.
• Known defects in walls, ceilings, floors, roof, foundation, plumbing, electrical systems and other structural parts.
• Known conditions: active or past termites, previous structural or roof repair, asbestos, radon, lead-based paint, aluminum wiring, previous fires, soil movement, unplatted easements, and previous use of the premises to manufacture methamphetamine.
• Items in need of repair.
• Flooding (added by the 2019 legislature, H.B. 3815 and S.B. 339): present flood insurance coverage, previous flooding from a reservoir release, previous water entry from a natural flood, and whether the property is wholly or partly in a 100-year floodplain, a 500-year floodplain, a floodway, a flood pool or a reservoir.
• Flood claims and aid: whether the seller ever filed a flood damage claim with any insurer, including the National Flood Insurance Program, and whether the seller ever received FEMA or SBA assistance for flood damage.
• Other matters: unpermitted additions, homeowners’ association fees, shared common areas, notices of deed-restriction or code violations, lawsuits, health or safety conditions, large rainwater harvesting systems, and location in a groundwater conservation or subsidence district.
• Location notices about coastal areas (Open Beaches and Dune Protection Acts) and military installations.

The form defines a “100-year floodplain” is a FEMA special flood hazard area (Zones A, V, A99, AE, AO, AH, VE or AR) with a 1% annual chance of flooding; a “500-year floodplain” is shaded Zone X, with a 0.2% annual chance. See our natural hazards page.

The TREC form (formerly OP-H)

Most Texas sales use the Texas Real Estate Commission’s Seller’s Disclosure Notice, TREC No. 55-1. TREC adopted it under 22 TAC § 537.62 “for voluntary use to fulfill the disclosure requirements of Texas Property Code §5.008.” It replaces form 55-0, which itself replaced the older OP-H. TREC’s form page lists an effective date of May 28, 2026. The current version also asks about items the statute does not list, such as conservation easements, whether the property is presently insured or covered by windstorm insurance, and whether the seller has been unable to insure it.

What the seller does not have to disclose

Section 5.008(c) says a seller or agent has no duty to disclose a death on the property by natural causes, suicide or an accident unrelated to the property’s condition. The same goes for whether a previous occupant had AIDS or HIV.

Section 5.008(e) exempts these transfers completely:

If you are buying a foreclosed home or new construction, expect no § 5.008 notice.

When it must be delivered, and what happens if it is not

The seller must deliver the notice on or before the effective date of the contract binding the buyer to purchase (§ 5.008(f)). If the contract is signed without it, “the purchaser may terminate the contract for any reason within seven days after receiving the notice.”

Example: a buyer signs a contract on a Dallas house on a Monday, and the seller hands over the notice nine days later. From that day, the buyer has seven days to walk away for any reason, whatever the notice says.

The federal lead-based paint rule (homes built before 1978)

For most housing built before 1978, the EPA’s Lead-Based Paint Disclosure Rule requires the seller, and the agents, before the buyer signs the contract, to:

1. give the pamphlet Protect Your Family From Lead in Your Home;
2. disclose any known lead-based paint or lead hazards, and hand over available reports;
3. include a Lead Warning Statement in or attached to the contract;
4. give the buyer a 10-day period for a lead inspection or risk assessment (the parties can change it in writing, or the buyer can waive it);
5. keep a signed copy of the disclosures for three years after the sale.

TREC publishes an addendum for this, TREC No. 56-0 (22 TAC § 537.63). Housing certified free of lead-based paint is exempt. A seller who ignores the rule may face EPA penalties. The steps of a purchase are in our home buying guide.