What Is a Seller's Disclosure Notice in Texas and What Must Sellers Reveal?
If you are selling a home in Dallas, the Seller's Disclosure Notice is one of the most important documents you may complete before your home goes under contract.
For most previously occupied single-family homes in Texas, the seller must provide the buyer with a written disclosure describing the seller's knowledge of the property's condition. The disclosure covers everything from the roof and foundation to previous water intrusion, termites, flooding, unpermitted improvements, insurance issues, and other known conditions.
It is important to understand what the disclosure is not, too. It is not a home inspection, it is not a warranty that the property is perfect, and it does not require a seller to know the answer to something they genuinely do not know. The Texas Real Estate Commission's current Seller's Disclosure Notice specifically states that it reflects the seller's knowledge of the property as of the date it is signed.
For Dallas sellers, getting this document right matters. Homes in Lakewood, the M Streets, Lake Highlands, Preston Hollow, Highland Park, University Park, Bluffview, Devonshire, Forest Hills, and other established neighborhoods may have decades of repairs, renovations, foundation work, roof replacements, drainage improvements, additions, or other history that needs to be considered.
This article is for general informational purposes and is not legal advice. If you have a complicated disclosure question, a real estate attorney can advise you on your specific circumstances.
What Is a Seller's Disclosure Notice in Texas?
Texas Property Code Section 5.008 generally requires a seller of residential real property containing no more than one dwelling unit to give the purchaser a written notice concerning the property's condition, subject to specific exemptions.
The Texas Real Estate Commission provides the commonly used Seller's Disclosure Notice, currently TREC Form 55-1, effective May 28, 2026. TREC describes the form as containing information required under Section 5.008 regarding material facts and the physical condition of the property.
The basic idea is straightforward:
A seller should tell the buyer what the seller actually knows about the property's condition.
That does not mean you are guaranteeing that nothing else is wrong with the house. Buyers still have the opportunity to obtain their own inspections and investigate the property independently.
What Must a Texas Home Seller Disclose?
The current Texas disclosure form is detailed. Sellers are asked about the existence and condition of many systems and features in the home, along with known defects and previous problems.
Structural and Major Property Components
Sellers are asked whether they know of defects or malfunctions involving items such as the:
Roof
Foundation or slab
Interior and exterior walls
Ceilings and floors
Windows and doors
Driveways and sidewalks
Fences
Plumbing, sewer, or septic systems
Electrical systems
Other structural components
For Dallas homeowners, the foundation question deserves particular attention. North Texas soil conditions mean that foundation movement, previous foundation repairs, drainage improvements, plumbing work related to movement, and engineering evaluations are not unusual topics in a Dallas transaction.
If you have previous foundation repair documentation or engineering reports, organizing that information before listing can make the disclosure and buyer due diligence process much easier.
Our guide to What Repairs Are Worth Doing Before Selling a Home in Dallas? can help you separate repairs that may be worth addressing before listing from items that may simply need to be disclosed and evaluated as part of your overall selling strategy.
Roof, Water, Drainage, and Previous Repairs
The form also asks sellers about conditions including previous structural or roof repairs, improper drainage, water damage not caused by a flood event, and other items requiring repair.
These issues come up frequently in established Dallas neighborhoods.
A Lakewood Tudor, a 1950s home in Casa Linda, a mid-century property in Lake Highlands, and a larger estate in Preston Hollow may all have very different histories. One seller may have replaced a roof after a storm. Another may have installed drainage improvements. Another may have completed foundation work years earlier.
The important question is not whether a house has ever needed work. Many homes have.
The issue is whether the seller accurately communicates what they know.
Do Texas Sellers Have to Disclose Termites or Previous Termite Damage?
The Texas disclosure form specifically addresses active termites and other wood-destroying insects, previous termite damage, previous termite treatment, and termite or wood-rot damage needing repair.
That distinction matters with older Dallas housing stock. Previous termite treatment does not automatically mean there is a current infestation. It does mean the seller should answer the form accurately based on what they know.
Documentation can be useful here, particularly if previous treatment, repairs, or warranties exist.
What About Flooding and Water Intrusion?
Flood-related disclosure is another significant part of the Texas form.
The current notice asks about matters including previous water penetration from a natural flood event, previous flooding associated with a reservoir, present flood insurance coverage, whether a seller has filed a flood-damage insurance claim, and whether the seller has received FEMA or SBA assistance for flood damage. It also addresses whether the property is located wholly or partly within certain floodplains, floodways, flood pools, or reservoirs.
This is especially worth understanding in Dallas because drainage and flood conditions can vary significantly from one property to another. Homes around East Dallas and White Rock Lake should never be characterized simply by neighborhood name. Flood status and prior water history are property-specific.
Sellers should answer based on their actual knowledge and available information rather than making assumptions about a home's flood status.
Are Previous Fires, Environmental Issues, and Hazardous Materials Included?
Yes. The current TREC form asks whether the seller knows about several additional conditions, including:
previous fires, asbestos components, radon gas, lead-based paint, aluminum wiring, hazardous or toxic waste, certain subsurface structures or pits, and previous use of the property for methamphetamine manufacturing.
Not every one of these issues is common in Dallas, but the disclosure is designed to cover a wide range of possible property conditions.
Homes constructed before 1978 can also involve separate federal lead-based paint disclosure requirements, depending on the transaction. TREC maintains a separate form for that purpose.
Do You Have to Disclose Unpermitted Additions or Renovations?
The Seller's Disclosure Notice asks whether the seller knows of room additions, structural modifications, alterations, or repairs made without necessary permits or that did not comply with the building codes in effect at the time.
That can be particularly relevant in Dallas neighborhoods where homes have been expanded or remodeled repeatedly over many decades.
For example, a home may have had:
a garage conversion, enclosed porch, second-story addition, expanded primary suite, relocated kitchen, guest quarters, pool addition, or substantial structural modification.
If you are preparing an older or extensively renovated home for market, gathering permits, plans, invoices, warranties, and other records before listing can save time later.
It also helps to decide which improvements, if any, make sense before going on the market. Our article on whether to remodel before selling or sell as-is explains how we approach that decision in different Dallas neighborhoods.
What Changed on the Texas Seller's Disclosure Form in 2026?
Texas sellers should make sure they are working from the current form rather than an older version.
TREC Form 55-1 became effective May 28, 2026 and replaced Form 55-0. TREC's 2026 update added questions concerning several additional subjects, including whether:
The property currently has insurance
The property currently has windstorm insurance
The seller has been unable to insure the property for any reason
A private road on or adjoining the property creates maintenance responsibility for the seller
Certain aboveground or underground storage tanks are present
Certain large aboveground storage tanks have stored petroleum products or chemicals
A conservation easement exists on the property
TREC adopted these revisions in May 2026.
For sellers preparing a Dallas home for market in 2026, this is one reason it is important not to pull an old disclosure form from a previous transaction and simply reuse it.
What If You Truly Do Not Know the Answer?
Texas law recognizes that sellers will not know everything about a property.
Section 5.008 says the notice is completed to the best of the seller's belief and knowledge as of the date it is signed. When required information is genuinely unknown, the seller can indicate that it is unknown.
That can be particularly relevant when someone has owned a property only briefly or has not occupied it personally.
What sellers should avoid is guessing.
If you do not know the age of a component, the reason for an old repair, or some part of the property's history, the right answer may be "unknown," depending on the question and circumstances.
Does Selling a Home "As-Is" Mean You Do Not Have to Disclose Problems?
Generally, no.
An as-is sale and a seller's disclosure address two different issues. Agreeing to sell a house in its present condition does not create an additional exemption from Section 5.008.
A seller who is otherwise required to provide the notice does not normally avoid that requirement simply by marketing the home as-is. The statute contains specific categories of exempt transfers, and an ordinary as-is sale is not one of those listed exemptions.
That distinction is important for Dallas homeowners with older properties or homes that need renovation.
You can sell a home that needs work. The strategy may involve pricing the condition appropriately, deciding which repairs make financial sense, and giving buyers accurate information.
Condition also affects pricing. If you are trying to determine how repairs, updates, or known defects should influence your asking price, our guide to pricing a home correctly in Dallas' competitive market explains why value needs to be considered at the neighborhood and even block level.
When Does the Seller's Disclosure Have to Be Delivered?
Timing matters.
Texas Property Code Section 5.008 provides that the notice should be delivered to the buyer on or before the effective date of the contract. If the parties enter into a contract without the required notice having been provided, the buyer may terminate the contract for any reason within seven days after receiving it.
From a seller's perspective, that is a strong reason to address disclosure paperwork early rather than waiting until negotiations are underway.
A prepared seller is in a better position to evaluate offers without creating avoidable uncertainty after contract execution.
For a broader look at timing, preparation, and how quickly different Dallas homes move through the market, see How Long Does It Take to Sell a Home in Dallas Right Now?
Are Any Texas Home Sellers Exempt From Providing the Notice?
Yes. Section 5.008 contains several exemptions.
Among them are certain transfers resulting from foreclosure or court orders, transfers by bankruptcy trustees, certain fiduciary transfers involving estates or trusts, transfers between co-owners, certain transfers between spouses or close family members, transfers involving governmental entities, and the sale of a new residence that has never previously been occupied for residential purposes.
There is also an exemption where the value of the dwelling does not exceed five percent of the property's total value.
Because exemptions can depend heavily on how title is held and the nature of the transfer, sellers with an estate, trust, divorce, foreclosure, or other unusual ownership situation should confirm whether the exemption actually applies rather than assuming it does.
Does a Texas Seller Have to Disclose That Someone Died in the House?
Not in several circumstances specifically identified by Texas law.
Section 5.008 states that a seller or seller's agent has no duty to disclose that a death by natural causes, suicide, or an accident unrelated to the property's condition occurred on the property. The statute also says there is no duty to disclose whether a previous occupant had or may have had AIDS, an HIV-related illness, or HIV infection.
If the circumstances surrounding a death fall outside those statutory categories and you are unsure how to respond to a buyer's question, that is an appropriate situation to seek legal advice rather than relying on a general rule.
Why Disclosure Can Actually Help a Dallas Seller
Sellers sometimes see the disclosure as a document that only benefits the buyer.
In practice, thoughtful disclosure can also make a transaction cleaner.
A buyer who learns about a previous foundation repair before submitting an offer can evaluate that information before negotiations begin. A buyer who understands that a roof was replaced after a storm can ask for documentation. A buyer who knows an addition was completed years ago can investigate permits during due diligence.
Surprises are more difficult.
When a buyer discovers something significant during an inspection that appears inconsistent with the disclosure, the issue can become larger than the physical defect itself. Buyers may start wondering what else they do not know.
That is why transparency, documentation, pre-listing preparation, and pricing strategy should work together.
What Should Dallas Sellers Do Before Completing the Disclosure?
Before listing, gather what you already have.
That might include prior inspection reports, foundation warranties, engineering reports, roof invoices, HVAC service records, plumbing receipts, insurance documentation, termite treatment records, renovation permits, pool records, and invoices for major improvements.
You do not need a perfect historical archive of your house.
You do want to give yourself enough time to think through the questions carefully rather than trying to remember 15 years of property history while an offer is waiting for a response.
This is also where working through your complete pre-listing strategy matters. Disclosure, repairs, presentation, and pricing are connected decisions rather than separate pieces of paperwork.
Why Work with Mysti Stewart and the Mysti Stewart Group?
Selling a home in Dallas involves much more than putting it in MLS and waiting for offers.
The preparation before the listing can affect everything that follows. That includes deciding which repairs are worth making, organizing property records, understanding how known condition issues may influence buyer perception, pricing appropriately, and preparing for inspection negotiations.
The Mysti Stewart Group brings deep experience across Lakewood, East Dallas, the M Streets, Lake Highlands, Highland Park, University Park, Preston Hollow, Devonshire, Bluffview, Forest Hills, Casa Linda, and surrounding Dallas neighborhoods. The team combines neighborhood knowledge with a highly organized, thoughtful approach to seller preparation.
You can learn more about Mysti Stewart and the Mysti Stewart Group's Dallas real estate experience and how the team approaches selling decisions before your property reaches the market.
When disclosure questions become legal questions, we also believe in bringing the appropriate attorney or other professional into the conversation rather than asking a seller to make assumptions.
Final Thoughts
A Texas Seller's Disclosure Notice is not about presenting a flawless house.
It is about giving a buyer an accurate picture of what you know.
For most sellers of previously occupied single-family homes, that means carefully addressing the property's systems, structural condition, repairs, water and flood history, termites, renovations, permits, insurance-related information, and other conditions covered by the current disclosure form.
The best time to think about those questions is before your Dallas home is listed, not after a buyer is already under contract.
If you are preparing to sell and are unsure how your home's repairs, previous improvements, condition, or documentation may affect your listing strategy, the Mysti Stewart Group can help you organize the real estate side of the process and identify when additional legal or technical guidance may be appropriate.
Frequently Asked Questions
Is a Seller's Disclosure Notice required in Texas?
It is generally required when selling previously occupied residential real estate consisting of no more than one dwelling unit, although Texas Property Code Section 5.008 contains several exemptions.
Do I have to disclose an old problem that has already been repaired?
The Texas form asks about several previous conditions and repairs, including previous structural or roof repairs, termite history, flooding, fires, and other specified issues. Whether and how a particular past issue should be described depends on the question being asked and what you know about the property.
Can I mark "unknown" on a Texas Seller's Disclosure Notice?
Yes, when the requested information is genuinely unknown to you. Texas law states that the notice is completed based on the seller's belief and knowledge and allows the seller to indicate when required information is unknown.
Does the Seller's Disclosure replace a buyer's home inspection?
No. The current TREC form expressly states that the disclosure is not a substitute for inspections or warranties the purchaser may choose to obtain.
What happens if a seller gives the disclosure after the contract is signed?
If the disclosure was legally required but was not provided on or before the effective date of the contract, Texas Property Code Section 5.008 generally gives the buyer seven days after receiving the notice to terminate the contract for any reason.
