Disclosures

# Texas Disclosure Requirements ## Overview Texas has specific mandatory disclosure requirements that sellers, agents, and other parties must follow. Failure to disclose can result in license sanctions, civil liability, and contract rescission. The Texas Property Code and TREC rules govern most disclosure obligations. --- ## Seller's Disclosure Notice (SDN) — Tex. Prop. Code §5.008 The Seller's Disclosure Notice is the primary property condition disclosure form in Texas, governed by Texas Property Code Section 5.008. ### Who Must Give the SDN *"A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice"* describing the property's condition (§5.008). This is the seller's obligation — the agent facilitates but is not the party legally required to complete it. ### Timing — When the SDN Must Be Delivered *"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."* (§5.008) Best practice: deliver the SDN before the buyer makes an offer. ### Buyer's 7-Day Right to Terminate If the seller does not provide the SDN before the contract is executed, the statute gives the buyer a powerful remedy: > *"If a contract is entered without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice."* (Tex. Prop. Code §5.008) The buyer's motivation for termination is irrelevant — ANY reason is sufficient during…