Texas sellers of a previously occupied single-family home must give the buyer a written Seller’s Disclosure Notice on or before the contract effective date. The standard form is TREC 55-1, published by the Texas Real Estate Commission. Fill it out honestly and check the exemptions in Section 5.008 before assuming you can skip it.
If you are selling in San Antonio, Austin, or Central Texas and need help determining which disclosures apply to your sale, Get Selling Help →.
Who Must Provide the Notice
- Required for: Sellers of residential real property comprising one dwelling unit, per Texas Property Code Section 5.008.
- What this covers: Previously occupied single-family homes, townhomes, and single-unit condominiums. Duplexes and multi-unit properties are not covered because they exceed the one-dwelling-unit statutory limit.
- Who completes it: The form records the seller’s knowledge of the property condition as of the date signed by the seller.
- Required unless exempt: Section 5.008 requires the notice for qualifying properties unless a subsection e exemption applies.
Current TREC Form 55-1
- Form number and date: TREC Form 55-1, effective May 28, 2026, published by the Texas Real Estate Commission.
- Structure: Four-page form with 11 numbered sections covering appliances, smoke detectors, structural defects, environmental conditions, items needing repair, flood history, insurance claims, FEMA and SBA assistance, legal and HOA items, coastal notices, and Military installation notices.
Delivery Timing and Buyer Rights
- Statutory rule: Section 5.008 requires delivery on or before the effective date of the executory contract.
- Late delivery: If the contract is entered without the notice, the buyer may terminate for any reason within seven days after receiving it. No reason is required.
- Recommended: Complete and deliver the notice before listing so buyers receive it with the listing packet, not after an offer is in place.
- Seven-day window: Under Section 5.008, the seven-day termination period starts when the buyer receives the notice.
Exemptions at a Glance
- 11 categories: Section 5.008 lists 11 types of exempt transfers including court-ordered sales, foreclosures, trustee in bankruptcy, fiduciary in estate or trust administration, co-owner transfers, spousal and family transfers, governmental entity transfers, and new construction.
- Scope of exemption: The Section 5.008 exemption removes the statutory disclosure form requirement for that transfer.
- Buyer protection: If you are buying from an exempt seller, a professional inspection becomes your primary source of property condition information.
Do I need a seller’s disclosure for my Texas home sale?
If you are selling a previously occupied single-family residence in Texas, yes. Section 5.008 of the Texas Property Code requires you to give the buyer a written disclosure notice. The statute covers residential real property comprising one dwelling unit. Single-family homes, townhomes, and single-unit condominiums are included. Duplexes and multi-unit properties fall outside Section 5.008 because they exceed the one-dwelling-unit limit.
What form should I use for the Texas seller’s disclosure?
The standard form is TREC Form 55-1, the Seller’s Disclosure Notice published by the Texas Real Estate Commission, effective May 28, 2026. The statute does not require this specific form. It requires a written notice substantially similar to the one prescribed in Section 5.008.
What happens if I deliver the notice late or not at all?
Under Section 5.008, the notice must be delivered on or before the effective date of the executory contract. If the seller enters a contract without providing the notice, the buyer may terminate for any reason within seven days after receiving it. No reason is required. If the notice is never provided, the seller has failed to comply with Section 5.008.
The Bottom Line Up Front
Texas Property Code Section 5.008 requires sellers of previously occupied single-family homes to complete and deliver a written Seller’s Disclosure Notice to the buyer on or before the contract effective date. The current standard form is TREC 55-1, effective May 28, 2026, covering 11 sections across four pages. The form records the seller’s knowledge as of the date signed. It is not a warranty and not a substitute for the buyer’s inspection. Section 5.008, subsection d permits the seller to indicate unknown information on the notice. Eleven categories of transfers are exempt from the statutory form requirement.
Who Must Provide a Texas Seller’s Disclosure Notice
Section 5.008 of the Texas Property Code requires the seller of residential real property comprising one dwelling unit to give the buyer a written notice disclosing the property’s known condition. The requirement applies when the property has previously been occupied for residential purposes.
This covers single-family houses, townhomes, and condominium units that qualify as a single dwelling unit. Duplexes and properties with two dwelling units fall outside the statute because they exceed the one-unit threshold.
The notice is a disclosure of the seller’s knowledge of the condition of the property as of the date signed by the seller. It is not a warranty of any kind by the seller and is not a substitute for any inspections or warranties the purchaser may wish to obtain. Under Section 5.008, subsection d, if information is unknown to the seller, the seller indicates that fact on the notice. The form provides an unknown option in sections 1 and 2. Sections 3, 4, 5, 6, and 9 use yes or no tied to the seller’s awareness of specific conditions, with section 6 adding wholly or partly checkboxes for flood-location items. Sections 7 and 8 use direct yes or no questions.
Section 5.008 requires the notice when the property qualifies and no subsection e exemption applies.
For properties not covered by Section 5.008, such as duplexes, commercial real estate, and vacant land, the seller is not required to provide the statutory disclosure form.
Exemptions Under Texas Property Code Section 5.008
Section 5.008, subsection e lists 11 categories of transfers that are exempt from the disclosure notice requirement. The following table covers each exemption as stated in the statute.
| Exempt Transfer | Statute Reference |
|---|---|
| Transfer pursuant to a court order or foreclosure sale | Section 5.008, subsection e, subdivision 1 |
| Transfer by a trustee in bankruptcy | Section 5.008, subsection e, subdivision 2 |
| Transfer to a mortgagee by a mortgagor or successor in interest, or to a beneficiary of a deed of trust by a trustor or successor in interest | Section 5.008, subsection e, subdivision 3 |
| Transfer by a mortgagee or deed of trust beneficiary who acquired the property at a foreclosure sale or by deed in lieu of foreclosure | Section 5.008, subsection e, subdivision 4 |
| Transfer by a fiduciary in the course of administration of a decedent’s estate, guardianship, conservatorship, or trust | Section 5.008, subsection e, subdivision 5 |
| Transfer from one co-owner to one or more co-owners | Section 5.008, subsection e, subdivision 6 |
| Transfer to a spouse or to a person in the lineal line of consanguinity | Section 5.008, subsection e, subdivision 7 |
| Transfer between spouses resulting from a divorce decree, legal separation, or property settlement | Section 5.008, subsection e, subdivision 8 |
| Transfer to or from any governmental entity | Section 5.008, subsection e, subdivision 9 |
| Transfer of a new residence not previously occupied for residential purposes | Section 5.008, subsection e, subdivision 10 |
| Transfer of real property where the dwelling value does not exceed five percent of the total property value | Section 5.008, subsection e, subdivision 11 |
The 11 exemptions in subsection e are the only exemptions listed under Section 5.008. If you are selling in San Antonio, Austin, or Central Texas and need help determining whether your sale qualifies for an exemption, Get Selling Help →.
When the Disclosure Must Be Delivered
Section 5.008, subsection f states that the notice shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property. If a contract is entered without the seller providing the notice, the purchaser may terminate the contract for any reason within seven days after receiving the notice.
- Statutory deadline: The contract effective date, not the closing date and not the listing date. The seller’s obligation is triggered by the existence of a binding contract.
- Late delivery consequence: If the notice arrives after the contract effective date, the buyer gets an unconditional seven-day termination right. The buyer does not need to cite a specific defect or provide any reason for terminating.
- Clock starts at receipt: Under Section 5.008, the seven-day termination period begins when the buyer receives the notice.
- Recommended: Complete the notice before listing and deliver it with the listing packet or at the time of contract execution. This avoids triggering the seven-day termination window entirely.
- Never delivered: If the seller never delivers the notice and the transaction closes without it, the seller has failed to comply with Section 5.008.
What TREC Form 55-1 Covers
The current TREC Seller’s Disclosure Notice is Form 55-1, effective May 28, 2026, published by the Texas Real Estate Commission. It is a four-page form with 11 numbered sections. Answer formats vary by section: sections 1 and 2 use yes, no, or unknown; sections 3, 4, 5, 6, and 9 use yes or no for awareness-based questions; sections 7 and 8 use direct yes or no questions; and section 6 includes wholly or partly checkboxes for certain flood-location items.
| Section | What It Covers | Answer Format |
|---|---|---|
| 1 | Property items: appliances, systems, fixtures, garage, water supply, roof type and approximate age | Y, N, or U for each item, plus space for explanation |
| 2 | Smoke detectors installed per the Texas Health and Safety Code | Y, N, or U with explanation |
| 3 | Known defects in structural components: interior and exterior walls, ceilings, floors, doors, windows, roof, foundation and slabs, sidewalks, driveways, fences, plumbing, electrical, lighting | Y or N for each, with explanation |
| 4 | Environmental and safety conditions: active termites, wood rot, hazardous waste, asbestos, radon, lead-based paint, aluminum wiring, previous fires, soil movement, methamphetamine manufacture, drainage, water damage not from flooding, easements, pool drains | Y or N for each, with explanation |
| 5 | Items in need of repair | Y or N with explanation |
| 6 | Flood conditions: current flood insurance, previous flooding from reservoir failure or natural events, location in floodplain, floodway, flood pool, or reservoir | Y or N for each, with wholly or partly checkboxes for flood-location items |
| 7 | Previous flood insurance claims filed with any provider including the National Flood Insurance Program | Y or N with explanation |
| 8 | Previous FEMA or SBA assistance for flood damage | Y or N with explanation |
| 9 | Permits and code compliance, HOA and maintenance fees, common areas, deed restriction violations, lawsuits, health and safety conditions, rainwater harvesting systems, groundwater conservation districts, conservation easements, insurance, windstorm insurance, inability to insure, private road maintenance, storage tanks | Y or N for each, with explanation |
| 10 | Coastal area notice regarding the Open Beaches Act and Dune Protection Act | Informational notice, no seller answer required |
| 11 | Military installation notice regarding noise and compatible use zones | Informational notice, no seller answer required |
The form concludes with a dated seller signature and a purchaser acknowledgment of receipt.
How to Fill Out the Texas Seller’s Disclosure Form
The Seller’s Disclosure Notice is the seller’s personal document. Completing it carefully protects the seller from post-closing disputes and gives the buyer accurate information to evaluate the property.
- What the form records: The notice records the seller’s knowledge of the property condition as of the date signed by the seller.
- Answer honestly: Sections 1 and 2 of the form use Y for yes, N for no, and U for unknown. Sections 3, 4, 5, 6, and 9 use Y or N for awareness-based questions, while sections 7 and 8 use Y or N without awareness phrasing. Section 6 adds wholly or partly checkboxes for certain flood-location items. The statute requires disclosure reflecting the seller’s belief and knowledge as of the date signed.
- Unknown is acceptable when genuine: Section 5.008, subsection d states that if information is unknown to the seller, the seller indicates that fact on the notice and is in compliance. However, marking an entire section unknown when you have lived in the home for years may invite scrutiny from the buyer and the buyer’s agent.
- Attach supporting documents: If you have inspection reports, repair receipts, insurance claim records, foundation engineer letters, or termite treatment records, attach them. These documents support your answers and reduce the risk of a post-closing dispute.
- Update the notice if conditions change: If you learn of a new condition after signing the notice but before closing, disclose the new information to the buyer. A known defect that develops or is discovered after signing still needs to be communicated.
- Additional disclosures: The TREC form covers the categories required by Section 5.008. Federal law requires a separate lead-based paint disclosure for pre-1978 housing. The Texas Occupations Code requires mold-remediation certificates for the five years preceding a sale.
What Sellers Can Skip or Mark Unknown
Section 5.008 includes specific provisions about what sellers do not have to disclose and how to handle gaps in their knowledge.
No Duty to Disclose
Section 5.008, subsection c removes the duty to disclose or release information about certain conditions:
- Death on the property: The seller has no duty to disclose whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property.
- HIV and AIDS status: The seller has no duty to disclose whether a previous occupant had, may have had, has, or may have AIDS, HIV-related illnesses, or HIV infection.
The Knowledge Standard
Section 5.008, subsection d establishes that the notice is completed reflecting the seller’s belief and knowledge as of the date the notice is completed and signed. If the information required by the notice is unknown to the seller, the seller indicates that fact on the notice and by that act is in compliance with the section.
- When unknown is appropriate: A seller who never occupied the property may genuinely not know the age of the roof, the condition of the sewer line, or whether the property has ever flooded. Marking these items unknown is honest and compliant.
- When unknown invites questions: A seller who has lived in the home for years and marks the foundation condition unknown will face follow-up questions from the buyer’s agent. Long-term occupancy creates knowledge of conditions the seller observed or repaired.
- Review your records: The notice reflects the seller’s belief and knowledge as of the date signed. Sellers should review available records before completing the form.
Flood, Water, and Environmental Disclosures on the Form
TREC Form 55-1 dedicates sections 6, 7, and 8 to flood and water-related disclosures. These sections cover the following items.
- Section 6, flood conditions: The seller reports whether the property has current flood insurance, whether it has previously flooded from a reservoir failure or natural event, and whether it is located wholly or partly in a floodplain, floodway, flood pool, or reservoir area.
- Section 7, flood insurance claims: The seller reports whether they have ever filed a flood damage claim with any insurance provider, including the National Flood Insurance Program.
- Section 8, FEMA and SBA assistance: The seller reports whether they have ever received FEMA or SBA assistance for flood damage to the property.
- Section 4, environmental conditions: Separately from the flood sections, section 4 asks about hazardous or toxic waste, asbestos, urea-formaldehyde insulation, radon gas, lead-based paint, and other environmental hazards. The seller also reports on previous fires, improper drainage, and water damage not caused by a flood event.
For detailed guidance on purchasing in a flood zone, see the flood zone buying guide for San Antonio and Austin.
Other Required Disclosures Outside Section 5.008
The Seller’s Disclosure Notice under Section 5.008 is not the only disclosure a Texas seller may need to provide. Depending on the property, additional disclosures may be required by federal or state law.
- Lead-based paint for pre-1978 housing: Federal law requires lead-based paint disclosures for pre-1978 residential housing. Sellers must provide the buyer with a lead-based paint disclosure, the EPA pamphlet titled Protect Your Family From Lead In Your Home, all available records and reports, and a 10-day period to conduct a paint inspection or risk assessment. The buyer may waive the 10-day period in writing. Exceptions apply to foreclosure sales, zero-bedroom units, housing certified as lead-paint-free by an accredited inspector, and certain other categories listed by the EPA. This is a separate federal requirement and is not part of the Section 5.008 notice.
- Coastal and Military installation notices: TREC Form 55-1 includes these as informational notices in sections 10 and 11.
- Mold remediation certificates: Under the Texas Occupations Code, a property owner who sells property is required to provide the buyer a copy of each mold-remediation certificate issued for the property during the five years preceding the sale.
A seller who provides the TREC disclosure form but omits a required federal or special-purpose disclosure has not fully complied with all applicable requirements. Review the full list of required disclosures with your agent before listing.
What Buyers Should Do With the Disclosure
The Seller’s Disclosure Notice is a starting point for your evaluation, not a substitute for independent due diligence. Here is how to use it effectively.
- Read every section before the option period expires: The disclosure is your baseline for understanding the property’s known condition. Go through each section line by line and note every yes answer, every unknown, and every blank.
- Cross-reference with the inspection report: Once you receive the independent inspection report, compare it against the seller’s answers. A seller who marked foundation condition as no known defects while the inspector documents active cracking creates a discrepancy worth investigating before your option period closes.
- Flag unknown and blank answers: A seller who occupied the property for a long time and marked several items unknown should be asked for clarification through the agents. Unknown is compliant under the statute, but it signals areas that need deeper investigation.
- Request supporting documentation: If the seller reports previous repairs, termite treatment, foundation work, or flood damage, ask for dates, contractor information, and any related warranty or insurance records.
- Review insurance-related answers: Section 9 of Form 55-1 covers insurance, windstorm insurance, and inability to insure the property. These items use awareness-based yes or no answers without an unknown option. Follow up on any negative or blank insurance answer to confirm current coverage independently.
- Address concerns promptly: Review the disclosure and raise questions with the seller through the agents before the contract deadlines pass.
Disclosing New Conditions Before Closing
The notice reflects the seller’s knowledge as of the date signed per Section 5.008, subsection d. For guidance on disclosing conditions that arise after listing or during a pending contract, see the storm damage disclosure guide.
Frequently Asked Questions
Do I need a seller’s disclosure if I sell as-is in Texas?
Section 5.008 requires a written disclosure notice from sellers of previously occupied residential property comprising one dwelling unit. Selling as-is is not among the 11 exempt transfer categories listed in subsection e. Review the exemptions table in this guide to determine if your sale qualifies.
Where can I download the Texas seller’s disclosure form?
TREC Form 55-1, the Seller’s Disclosure Notice, is available on the Texas Real Estate Commission website under their forms library. The form page provides a direct download link. If you are working with a licensed agent, the agent can provide the correct form through their transaction management system.
Does the seller’s disclosure replace a home inspection?
No. The form explicitly states it is not a substitute for any inspections or warranties the purchaser may wish to obtain. The disclosure records what the seller knows. An inspection evaluates the property’s actual condition through a professional examination. Sellers may not be aware of hidden defects behind walls, under floors, or in areas they did not access. An independent inspection provides condition information that the disclosure form cannot.
Can a buyer cancel a contract based on the seller’s disclosure?
If the seller delivers the disclosure late, after the contract effective date, the buyer has a seven-day termination right under Section 5.008. Termination rights outside that statutory window depend on the contract terms negotiated between the parties.
Does an heir have to provide a seller’s disclosure in Texas?
The fiduciary exemption in Section 5.008, subsection e, subdivision 5 covers transfers by a fiduciary in the course of administration of a decedent’s estate, guardianship, conservatorship, or trust.
Is a duplex covered by Section 5.008?
No. The statute requires disclosure for residential real property comprising one dwelling unit. A duplex has two dwelling units and falls outside the one-unit threshold. Sellers of duplexes are not required to provide the statutory disclosure form under Section 5.008.
What if I never lived in the property I am selling?
Section 5.008 applies to previously occupied residential property comprising one dwelling unit. The statute does not limit the requirement to owner-occupant sellers. Under subsection d, if information is unknown to the seller, the seller indicates that fact on the notice.
Do sellers have to disclose a death on the property in Texas?
Under Section 5.008, subsection c, the seller has no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property. The seller also has no duty to disclose whether a previous occupant had AIDS, HIV-related illnesses, or HIV infection.
What separate disclosures are required for pre-1978 homes?
Federal law requires lead-based paint disclosures for pre-1978 residential housing. Sellers must provide the buyer with a disclosure form, the EPA pamphlet titled Protect Your Family From Lead In Your Home, all available records and reports, and a 10-day period to conduct a paint inspection or risk assessment. The buyer may waive the 10-day period in writing. Exceptions apply to foreclosure sales, zero-bedroom units, and housing certified as lead-paint-free. This federal requirement is separate from the Texas Section 5.008 notice.
Data and Methodology
Statutory references in this guide cite the current text of Texas Property Code Section 5.008 as published on the Texas Legislature Online website. Form details reference the TREC Seller’s Disclosure Notice, Form 55-1, effective May 28, 2026, published by the Texas Real Estate Commission. Federal lead-based paint disclosure requirements reference EPA guidance on real estate disclosures about potential lead hazards. No figures from commercial real estate portals, brokerage blogs, or unsourced estimates are used in this guide.
