What Is a Property Disclosure Statement in Texas?

What Sellers Must Disclose

Texas law requires sellers to complete the Seller's Disclosure Notice (TREC form OP-H). It covers the foundation, roof, plumbing, electrical, HVAC, appliances, and any known defects. Sellers must also disclose if there have been any deaths on the property, if it is in a flood zone, and if there are any pending lawsuits affecting the property.

What They Don't Have to Disclose

Sellers are not required to disclose latent defects they are unaware of. They are also not required to disclose that a neighbor is a convicted sex offender (though buyers can check the registry). The key phrase is "known defects." Sellers must disclose what they know, but they are not required to investigate every corner of the home.

How Buyers Should Use It

Read the disclosure before the inspection. It gives you a roadmap of what to focus on. If the seller disclosed foundation work, bring a structural engineer. If they disclosed a roof repair, pay close attention to the roof during the inspection. Use the disclosure to guide your questions and inspection priorities.

Texas-Specific Requirements

Texas uses the TREC-promulgated Seller's Disclosure Notice. It must be provided to the buyer before the offer or within a reasonable time after. If the seller fails to disclose a known defect, the buyer may have legal recourse after closing. Always work with an agent who understands Texas disclosure law.

What Happens If Seller Doesn't Disclose

If a seller knowingly fails to disclose a material defect, the buyer can pursue legal remedies. This is why sellers should be thorough and honest. As a buyer, your best protection is still a quality home inspection, not just the disclosure form.