The Texas Seller’s Disclosure Notice: what you have to tell a buyer, and when

01

Who has to give one

Texas law requires the seller of a home with not more than one dwelling unit to give the buyer a written disclosure notice.¹ In practice that is most houses, townhomes and condos we sell. The notice is signed by you, the seller, not by your agent.

The statute exempts some transfers, including court-ordered and foreclosure sales, transfers by a fiduciary in the course of administering a decedent’s estate, guardianship, conservatorship or trust, transfers between co-owners, transfers to a spouse or to a parent, child or other lineal relative, transfers to or from a government entity, and a new home that has never been lived in.¹ If you think your sale fits one of these, ask a real estate attorney before you skip the form.

02

When it is due, and what happens if it is late

The notice is due on or before the effective date of the contract.¹ In other words, no later than the moment the buyer is bound. Our advice is to have it finished before the house goes on the market, so a serious buyer can read it before writing an offer.

Late costs you leverage. If the contract is signed first and the notice arrives afterward, the statute lets the buyer terminate for any reason within seven days after receiving it.¹ The standard TREC resale contract adds that if the buyer never receives a notice that was required, the buyer can terminate at any time before closing and get the earnest money back.² A buyer with a free exit is a buyer who renegotiates.

03

What the form asks

The Texas Real Estate Commission publishes the Seller’s Disclosure Notice as form 55-1, effective 28 May 2026.³ It follows the statute and walks through the house: which items and systems the property has and whether they work, known defects in the roof, foundation, walls, plumbing, electrical and other systems, and conditions such as termite damage, previous structural or roof repairs, lead-based paint, homeowners association fees or assessments, and lawsuits directly or indirectly affecting the property.^1,3

Since 2019, it also asks detailed flood questions: whether the property is in a 100-year or 500-year floodplain, a floodway or a reservoir area, whether water from a flood has entered a structure, whether you have ever filed a flood insurance claim, and whether you have received FEMA or Small Business Administration assistance for flood damage.^1,4 Answer them from records, such as your insurance claim history, not from memory.

The form also asks whether you know of room additions, structural modifications or other alterations made without necessary permits or not in compliance with building codes in effect at that time.³ That is the question that catches the garage apartment someone finished without a permit. And because the statute covers a home with not more than one dwelling unit,¹ a house with a backyard cottage raises its own questions for your attorney. We walk through both in selling a house with an ADU.

04

What “to the best of your knowledge” means

The notice is completed to the best of your belief and knowledge as of the date you sign it.¹ The form says plainly that it is a disclosure of what you know, not a warranty, and not a substitute for the buyer’s own inspections.^1,3 You are not expected to know what is inside a wall you have never opened.

But “unknown” is for things you do not know. The roof you had repaired is something you know. The statute also says a seller has no duty to disclose a death on the property from natural causes, suicide or an accident unrelated to the property’s condition.¹

“As is” does not cover a hidden problem

Some sellers think selling “as is” takes care of all this. The Texas Supreme Court has said an “as is” agreement generally stands, but a buyer is not bound by it if the buyer was induced to agree by the seller’s fraudulent representation or concealment of information. The same opinion says a seller has no duty to disclose facts the seller does not know.⁵ Put those together and the safe path is simple: disclose what you know.

05

If something changes before closing

The disclosure statute speaks to what you know on the day you sign. It does not lay out a procedure for updating the notice afterward.¹ Houses do not stop having events because they are under contract, though. If the water heater fails or a storm damages the fence after you sign, tell us that day, and ask a real estate attorney whether and how you should update the buyer in writing.

06

Houses built before 1978

Federal law adds a separate lead-based paint disclosure for homes built before 1978. Before the buyer is bound, the seller must give the buyer an EPA-approved lead hazard pamphlet, disclose any known lead-based paint or hazards, and provide any available records or reports. The buyer gets a 10-day opportunity to test for lead unless both sides agree in writing to a different period or the buyer waives it in writing, and sellers and agents must keep the signed disclosure for at least three years after the sale closes.⁶ The TREC contract points to this requirement for any home built before 1978.² A lot of Dallas neighborhoods we sell in were built before then, so this comes up often.

07

Other notices that get confused with it

The Seller’s Disclosure Notice is not the only notice a Texas seller may owe. If the home is in a water district financed by tax-backed bonds, such as a municipal utility district, the seller must give notice before the contract is signed.⁷ The same goes for a public improvement district assessment⁸ and for property outside city limits that may be annexed by a city.⁹ If there is a mandatory homeowners association, the association provides a resale certificate on request.¹⁰ Buying rather than selling? Our guide to moving to Dallas covers these from the other side of the table.

08

Why we will not help you hide something

Your agent has obligations too. Under the Texas Occupations Code, a license holder can be disciplined for making a material misrepresentation about, or failing to disclose, a significant defect the license holder knows about that would matter to a reasonable buyer.¹¹ So if you tell us about the roof, we cannot pretend you did not. We would rather you tell us anyway. A problem the buyer reads about on day one is a line item. A problem the buyer finds in the inspection, after being told there was nothing, is a trust problem, and trust problems cost far more than roofs.

Disclose what you know, attach what you have, and mark “unknown” only when you really do not know.

Getting ready to list? Here is how we sell homes and how we price them.