Disclosure

Texas Disclosure Requirements ## The Seller's Disclosure Notice The Texas Seller's Disclosure Notice (sometimes called the Seller's Disclosure of Property Condition) is required by the Texas Property Code for most residential sales of 1-4 family dwellings. The seller — not the agent — completes this form, disclosing known defects and conditions affecting the property, including structural issues, plumbing, electrical, HVAC, environmental hazards, flooding history, and other material conditions. An agent cannot complete this form on behalf of the seller, though the agent may explain what the form requires. If the seller is unable or unwilling to complete it, the agent must not fill it in themselves. Exemptions from the Seller's Disclosure Notice requirement: - Sales to or from a lender through foreclosure or deed-in-lieu of foreclosure - Sales between co-owners (e.g., one co-tenant buying out another) - Sales to close relatives - Transfers by court order or administration of a deceased person's estate - Sales of new construction (builder provides a warranty instead) - Certain other property interest transfers specified in the Texas Property Code Important: Being exempt from the disclosure form does not exempt the seller from liability for fraud or willful concealment. An exempt seller who knowingly conceals a material defect can still be sued. ## Agent's Independent Disclosure Duty Agents have their own disclosure obligation independent of the seller's form. If an agent has actual knowledge of a material defect or condition that the seller has not disclosed, the agent must disclose it to the buyer — even when representing the seller. This is one of the few obligations agents owe to non-clients (along with honesty). An agent who conceals a known material defect faces both…