Updated October 2026. Texas Property Code, Water Code and Texas Real Estate Commission (TREC) forms checked on October 31, 2026.
Yes. Under Texas Property Code § 5.008, most sellers of a single-family home must give the buyer a written Seller’s Disclosure Notice on or before the day the contract binds the buyer. As of October 2026, TREC’s version is form 55-1, effective May 28, 2026. Deliver it late and the buyer can walk away within 7 days.
Jump to: 📄 The 11 sections · ⏰ Timing · ❔ “Unknown” answers · 🚫 Exempt sales · ➕ Extra notices · ❓ FAQ
Key takeaways
- The law covers a home with one dwelling unit. TREC’s form 55-1 replaced 55-0 in 2026.
- You answer from what you know on the day you sign. “Unknown” is a legal answer when it’s true.
- Flood history gets three separate questions, including insurance claims and FEMA or SBA help.
- HOA, utility district (MUD) and public improvement district homes need their own notices too.
Which Texas sellers have to fill out a disclosure notice?
Section 5.008 applies to “a seller of residential real property comprising not more than one dwelling unit.” So a house, a townhome or a condo you own is covered. A duplex or fourplex isn’t, by the statute’s own words, though many buyers will still ask questions.
Selling without an agent doesn’t change anything. The duty is the seller’s, not the broker’s. You can use TREC’s form or your own, as long as it contains at least every item the statute lists.
What’s on the TREC Seller’s Disclosure Notice?
The current TREC form, 55-1, runs four pages. TREC says it’s for contracts entered on or after September 1, 2023, and the form itself says it replaces 55-0. Here’s what each numbered part asks, and where sellers slip up.
| Part | What it asks | Watch out for |
|---|---|---|
| 1 | Which items the home has (appliances, HVAC, pool, gas lines, roof type and age), marked Y, N or U | Then a yes/no on whether any listed item is broken or needs repair |
| 2 | Working smoke detectors that meet Health and Safety Code Chapter 766 | Explain any “no” or “unknown” |
| 3 | Known defects in walls, floors, roof, foundation, plumbing, electrical and more | Foundation and roof repairs are common lawsuit topics, so describe them |
| 4 | Conditions such as termites, past repairs, asbestos, radon, lead paint, previous fires, meth manufacture | “Previous” items count even if fixed |
| 5 | Any item or system that needs repair | One catch-all yes or no |
| 6 | Flood insurance, past flooding, and whether the home sits in a floodplain, floodway, flood pool or reservoir | Check the FEMA flood map, wholly or partly |
| 7 | Any flood damage claim with any insurer, including the NFIP | Claims count even if the home never flooded again |
| 8 | Any FEMA or SBA assistance for flood damage | Separate from question 7 |
| 9 | Permits, HOA fees, lawsuits, insurance problems, private roads, storage tanks, conservation easements | Unpermitted additions go here |
| 10 | Coastal notice (Open Beaches Act, Dune Protection Act) | Applies seaward of the Gulf Intracoastal Waterway or near the Gulf |
| 11 | Military installation notice (noise and compatible use zones) | Information only |
Seller and buyer both sign the last page. Keep a copy with the buyer’s signature, because it proves when they got it.
When do you have to give the buyer the disclosure in Texas?
On or before the effective date of the contract. The statute says that if a contract is signed without the notice, “the purchaser may terminate the contract for any reason within seven days after receiving the notice.”
TREC’s resale contract (form 20-19, effective July 1, 2026) puts this in paragraph 7B. You check one of three boxes:
- The buyer has received the notice.
- The buyer hasn’t received it, and you’ll deliver it within a set number of days. If you never deliver it, the buyer can end the deal before closing and get the earnest money back. If you deliver it, the buyer can end the deal within 7 days, or before closing, whichever comes first.
- You’re not required to give one under the Property Code.
Box 2 leaves the deal open. That’s why we tell sellers to finish the notice before the home goes live, so it’s ready for the first serious buyer. Our guide to the Texas FSBO contract walks through the rest of form 20-19.
Can you answer “unknown” on a Texas seller’s disclosure?
Yes, if it’s true. Section 5.008(d) says the notice is completed “to the best of seller’s belief and knowledge” on the day you sign. If you don’t know something, you say so on the form, and by doing that you comply with the law.
That’s not a license to dodge. Marking “unknown” for a roof you replaced last year, or a flood claim you filed, is a misstatement. The form also says plainly that it is not a warranty and doesn’t replace the buyer’s inspections.
Two things you don’t have to disclose, under 5.008(c): a death on the property from natural causes, suicide or an accident unrelated to the home’s condition, and whether a past occupant had HIV or AIDS.
Why does the Texas form ask so much about flooding?
Three of the eleven parts are about water. Part 6 asks about present flood insurance, past flooding from a reservoir release, and water entering the home in a natural flood. It also asks whether the property is wholly or partly in a 100-year floodplain, a 500-year floodplain, a floodway, a flood pool or a reservoir.
Parts 7 and 8 then ask, as separate yes/no questions, whether you ever filed a flood damage claim with any insurer and whether you got FEMA or SBA help for flood damage. Answer each from your own records. The form notes that homes in high-risk zones with federally backed loans must carry flood insurance.
Which Texas home sales are exempt from the disclosure?
Section 5.008(e) lists eleven kinds of transfers that don’t need the notice. The ones home sellers run into most:
- Sales under a court order or a foreclosure sale, and sales by a bankruptcy trustee.
- Sales by a fiduciary running an estate, guardianship, conservatorship or trust.
- Transfers between co-owners, to a spouse, or to children, parents or grandparents.
- Transfers between spouses under a divorce or separation decree.
- A new home that has never been lived in.
- Property where the house is worth no more than 5% of the total value, such as a big tract with a small cabin.
- Transfers to or from a government entity.
A plain sale of your own home to an unrelated buyer is almost never exempt. If you think you qualify, check box 3 in paragraph 7B and keep proof of why.
What other notices might a Texas seller owe?
The Seller’s Disclosure Notice is the big one, but it’s not the only one. Depending on the home, you may also need these:
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Buy a home →| Notice | When it applies | Where it comes from |
|---|---|---|
| Property owners’ association notice | Home with mandatory HOA membership | Property Code § 5.012, due before the contract binds the buyer |
| Utility or water district notice | Home inside a MUD or similar district that can tax or charge standby fees | Water Code § 49.452 |
| Public improvement district notice | Home in a PID with assessments | Property Code § 5.014, signed by the buyer before a binding contract |
| Lead-based paint disclosure | Home built before 1978 | Federal law, noted in paragraph 7C of the TREC contract |
MUDs are common around Houston, Austin and Dallas–Fort Worth. Your tax bill or appraisal district record usually shows whether you’re in one. For your parcel and tax details, see our Texas property tax ID guide.
How do you fill out the Texas disclosure without an agent?
- Download form 55-1 from TREC, or use the copy in your Beycome dashboard under Legal Forms.
- Pull your records first: repair invoices, insurance claims, permits, HOA statements, any old inspection.
- Look up your flood zone on the FEMA flood map before you answer part 6.
- Answer every line. Use the explanation lines, and attach pages if you need room.
- Sign and date it, have the buyer sign, and keep the signed copy.
- If something changes before closing, like a new leak, tell the buyer in writing.
Our guide to seller disclosures explains the general rules behind what counts as a defect.
How does this fit into selling with Beycome in Texas?
The disclosure is yours to sign either way. With Beycome, your home goes on the major home search sites and the MLS for $99 in Texas, with $0 at closing, and the state forms sit in your dashboard. On Concierge, a dedicated expert works with you on offers, always on your side, and every decision stays yours.
When you’re under contract, you can close with any title company. Beycome Title closes in Texas for a $299 settlement fee. For the full by-owner process, read our guide to selling your Texas home without a realtor and how to list on the MLS by owner.
22,000+ homeowners have used Beycome, saving over $225 million in total (Beycome internal data, October 2026). See Texas flat fee MLS packages.
Texas seller’s disclosure questions
Is a seller’s disclosure required in Texas?
Yes, for most sales of a home with one dwelling unit, under Property Code § 5.008. Court-ordered, estate, family and new-home transfers are among the exceptions.
What form do Texas sellers use for the disclosure?
Most use TREC’s Seller’s Disclosure Notice, form 55-1, effective May 28, 2026. You may use another form if it has every item the statute requires.
Can a buyer back out if the seller’s disclosure is late in Texas?
Yes. If the contract is signed first, the buyer can terminate for any reason within 7 days after receiving the notice, and the TREC contract refunds the earnest money.
Do I have to disclose a death in the house in Texas?
Not a death from natural causes, suicide or an accident unrelated to the home’s condition. Section 5.008(c) says the seller has no duty to disclose it.
Can I mark unknown on the Texas seller’s disclosure?
Yes, when you truly don’t know. The law says indicating that the information is unknown complies with the statute. Don’t use it for things you do know.
Does a Texas seller have to disclose past flooding?
Yes. The form asks about past flooding, flood insurance, flood zones, flood damage claims and FEMA or SBA assistance as separate questions.
Is a duplex covered by the Texas seller’s disclosure law?
Section 5.008 covers residential property with not more than one dwelling unit. Sellers of larger properties often give a disclosure anyway when the buyer asks.
Reviewed by Beycome Brokerage Realty LLC, licensed real estate brokerage (TREC #9012216). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
Prices were read on beycome.com on October 31, 2026 and may change. In Texas, Basic is $99 and Enhanced is $399. Concierge is $999 until November 2, 2026 at 9 a.m. ET, then $1,399 (its list price). “$0 at closing” means no Beycome fee at closing. Taxes, title and attorney charges, other closing costs and any buyer’s agent pay you agree to still apply.
Beycome Title of Texas LLC has a business relationship with Beycome Corp., which has an ownership interest in it. You are free to choose any title company. Its $299 settlement fee was read on beycometitle.com on October 31, 2026; title insurance premiums, recording and other charges are separate.
Form details were read from TREC form 55-1 (dated 05-04-2026; effective May 28, 2026 per TREC) and contract form 20-19 (effective July 1, 2026) on October 31, 2026. Statute text was read on October 31, 2026.
This is general information, not legal or tax advice. Rules change and local practice varies, so check with a Texas real estate attorney for your situation in Texas.
Sources
- Texas Property Code § 5.008, Seller’s Disclosure of Property Condition: statutes.capitol.texas.gov, read October 31, 2026.
- Texas Real Estate Commission, Seller’s Disclosure Notice (Form ID 55-1) and form PDF, read October 31, 2026.
- Texas Real Estate Commission, One to Four Family Residential Contract (Resale), TREC No. 20-19, paragraphs 7B and 7C, read October 31, 2026.
- Texas Property Code § 5.012, property owners’ association notice: statutes.capitol.texas.gov, read October 31, 2026.
- Texas Property Code § 5.014, public improvement district notice: statutes.capitol.texas.gov, read October 31, 2026.
- Texas Water Code § 49.452, notice to purchasers: statutes.capitol.texas.gov, read October 31, 2026.
- U.S. EPA, Real Estate Disclosures About Potential Lead Hazards, read October 31, 2026.
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