If you're selling a lived-in house in Houston, Texas law requires you to give your buyer a written Seller's Disclosure Notice: a few pages of yes, no and unknown questions about the home's systems, defects, flood history and legal issues. This guide covers who needs one, when it's due, what each section asks, what changed on the current form, and the Houston questions sellers most often get wrong. Checked on October 17, 2026, against Texas Property Code §5.008 and the Texas Real Estate Commission's current form. It's general information, not legal advice.
TL;DR
- Texas Property Code §5.008 requires sellers of residential property with no more than one dwelling unit to give the buyer a written disclosure notice.
- The notice is due on or before the effective date of the sales contract. If the buyer gets it late, the statute lets them terminate for any reason within seven days after receiving it.
- You disclose what you know as of the day you sign. Marking an answer unknown, when you truly don't know, complies with the statute.
- Exempt transfers include foreclosure and court-ordered sales, sales by an estate's executor or other fiduciary, and new homes nobody has lived in.
- TREC's current version is form 55-1, effective May 28, 2026. It adds questions about insurance, windstorm coverage, private roads, conservation easements, storage tanks and the type of gas piping.
- For Houston sellers, the flood questions matter most: water that entered the house in a flood, flood insurance claims, and FEMA or SBA help all have to be disclosed.
Who has to give a seller's disclosure in Texas
Section 5.008(a) applies to "a seller of residential real property comprising not more than one dwelling unit located in this state." TREC's form page puts it plainly: the disclosure is required of sellers of previously occupied single-family residences. If you're selling your home, a home you used to live in, or a single-family rental, plan on completing one.
The law lists the transfers that don't need it. Under §5.008(e), the notice isn't required for a transfer:
- under a court order or foreclosure sale, by a bankruptcy trustee, or by a lender that took the property through foreclosure
- by a fiduciary administering an estate, guardianship, conservatorship or trust
- between co-owners, to a spouse or lineal relative, or between spouses under a divorce decree
- to or from a government entity
- of a new home never occupied as a residence
- of land where any dwelling is worth no more than 5% of the property's value
Selling "as is" is not on that list. An as-is sale changes what you'll repair, not whether you disclose. If you're unsure whether an exemption fits, ask your agent or a Texas real estate attorney before skipping the form.
When the notice is due, and what happens if it's late
Section 5.008(f) says the seller must deliver the notice "on or before the effective date of an executory contract binding the purchaser to purchase the property." If a contract is signed without it, the buyer may terminate for any reason within seven days after receiving it.
TREC's One to Four Family Residential Contract (Resale), form 20-18, builds this into paragraph 7B. The buyer checks one box:
- 7B(1): the buyer has received the notice.
- 7B(2): the buyer hasn't received it, and the seller must deliver it within a set number of days. If it never arrives, the buyer may terminate any time before closing. If it does, the buyer may terminate for any reason within 7 days after receiving it or before closing, whichever comes first. Either way, the earnest money is refunded.
- 7B(3): the seller isn't required to furnish the notice.
A late disclosure hands the buyer a free walk-away right on top of any option period. The fix is to fill it out before you list.
What the form asks, section by section
TREC's current Seller's Disclosure Notice, form 55-1, follows the statutory notice in §5.008(b). It states up front that it reflects the seller's knowledge as of the date signed and is not a substitute for inspections or a warranty, then asks whether you occupy the property.
Sections 1 and 2: what the home has, and smoke detectors
Section 1 is a checklist of features (appliances, HVAC, plumbing, pool equipment, fireplaces, gas lines, water heater, water supply, roof type and age), each marked yes, no or unknown, followed by whether any aren't working or need repair. Section 2 asks whether the home has working smoke detectors installed under Chapter 766 of the Texas Health and Safety Code, and notes that a hearing-impaired buyer can require hearing-impaired detectors with a physician's written evidence and a written request within 10 days after the effective date.
Sections 3 to 5: defects, conditions and repairs
Section 3 asks about known defects in walls, ceilings, floors, windows, the roof, the foundation or slab, plumbing, electrical and other structural parts. Section 4 lists conditions such as termites (active, past damage or treatment), improper drainage, non-flood water damage, soil movement, previous structural or roof repair, asbestos, lead-based paint, aluminum wiring, previous fires and unplatted easements. Section 5 is a catch-all for anything that needs repair.
Sections 6 to 8: flood history and flood zones
Section 6 asks about current flood insurance, flooding from a reservoir release, and water entering a structure in a natural flood event, plus whether the property is wholly or partly in a 100-year floodplain, 500-year floodplain, floodway, flood pool or reservoir, as defined using FEMA's flood insurance rate maps. Section 7 asks whether you've ever filed a flood claim with any insurer, including the National Flood Insurance Program, and section 8 whether you've received FEMA or U.S. Small Business Administration flood assistance for the property.
Sections 9 to 11: legal, HOA and location items
Section 9 covers unpermitted work, HOA or maintenance fees, shared common areas, deed restriction or ordinance violation notices, lawsuits, health or safety conditions, and whether the property is in a groundwater conservation or subsidence district. Sections 10 and 11 are notices about coastal property and military installations.
What's new on TREC form 55-1
TREC's form page lists 55-1 with an effective date of May 28, 2026. Compared with the older OP-H version dated September 1, 2019, the 55-1 form adds:
- the type of fuel gas piping (black iron pipe, corrugated stainless steel tubing or copper) to the section 1 checklist
- whether there are conservation easements on the property
- whether the property is presently covered by insurance, and by windstorm insurance
- whether the seller has been unable to insure the property for any reason
- whether there's a private road on or next to the property that the seller is financially responsible for maintaining
- whether there are aboveground or underground storage tanks, and separately, any aboveground tanks that hold 500 gallons or more and have stored petroleum products or other chemicals
Don't reuse a disclosure from an earlier listing. Start fresh on the current form.
The Houston questions sellers get wrong
Flood history
In Harris County, the flood sections deserve the most care. "Previous water penetration into a structure on the property due to a natural flood event" is about what you know happened, not the flood map. If water came into the house in a storm, that's a yes, even if it was repaired and the home isn't in a mapped floodplain. Sections 7 and 8 ask about your own claims and assistance, so answer from your records.
For the floodplain questions, look up the address on FEMA's Flood Map Service Center rather than guessing. Our guide to checking a Houston flood zone by address walks through it, and what flood insurance costs in Houston explains why buyers care so much about these answers.
The subsidence district question
The Harris-Galveston Subsidence District says it was created by the Texas Legislature in 1975 to regulate groundwater withdrawal in Harris and Galveston counties. Section 9 asks whether any part of the property is in a subsidence district, so if your home is in Harris County, check this item carefully with your agent instead of reflexively marking no.
HOA fees, deed restrictions and permits
If you pay HOA or maintenance fees, section 9 is a yes, and Property Code §5.012 adds a separate owners' association notice. The same section asks about work done without permits and about deed restriction or ordinance violation notices. Disclose what you know; an inspector or title company may find it anyway.
Homes built before 1978
Older homes have one more disclosure that comes from federal law, not Texas law. TREC's resale contract notes in paragraph 7C that a lead-based paint disclosure is required for homes built before 1978. According to the EPA, sellers must give buyers the "Protect Your Family From Lead in Your Home" pamphlet, disclose any known lead-based paint and hazards, share available records and reports, include a Lead Warning Statement, and give buyers a 10-day period for a lead inspection or risk assessment, which the parties can lengthen, shorten or waive in writing. Sellers should keep a signed copy for three years after the sale.
What you don't have to disclose
Section 5.008(c) says a seller or seller's agent has no duty to disclose whether a death by natural causes, suicide or an accident unrelated to the property's condition happened on the property, or whether a previous occupant had or may have had AIDS, HIV-related illnesses or HIV infection.
Section 5.008(d) says the notice must be completed to the best of the seller's belief and knowledge as of the date it's signed, and that a seller who doesn't know the answer can indicate that and be in compliance. "Unknown" is an honest answer. A "no" you aren't sure about is not.
How to fill it out without regrets
- Do it before you list. Gather repair invoices, insurance claim history, permits, your survey and HOA documents first.
- Be specific. For each yes, give the date, what happened and what was done.
- Don't downplay old problems. A documented foundation repair with a warranty reassures buyers; the same repair found later alarms them.
- Use "unknown" honestly. If you've never been in the attic or the house was a rental, say so.
- Remember it isn't an inspection. Buyers will still inspect, often during the option period. See what happens during a Houston home inspection and how option money works in Texas.
- Ask about anything that changes. If something new happens after you sign, like a storm leak before closing, talk with your agent about giving the buyer an updated notice.
FAQ
Is a seller's disclosure required in Texas?
Yes, for most sales of a previously lived-in home. Texas Property Code §5.008 requires sellers of residential property with no more than one dwelling unit to give the buyer a written notice, unless the transfer falls under one of the exemptions in §5.008(e).
When does the seller have to give the disclosure?
On or before the effective date of the sales contract. If the buyer receives it afterward, the statute lets the buyer terminate for any reason within seven days after receiving it.
Can I sell my Houston house as is and skip the disclosure?
No. An as-is sale isn't one of the statutory exemptions. You can sell as is and still need to give the notice.
What if I don't know the answer to a question?
Mark it unknown. Section 5.008(d) says a seller who indicates that information is unknown is in compliance with the section.
Do I have to disclose that my house flooded?
The form asks whether you're aware of water entering a structure on the property in a natural flood event, whether you've filed a flood insurance claim, and whether you've received FEMA or SBA flood assistance. If any of those happened, answer yes and explain.
Which TREC form should I use in 2026?
TREC lists the Seller's Disclosure Notice as form 55-1 with an effective date of May 28, 2026. The law also allows a notice that is substantially similar to the statutory one and contains all of its items.
One last thing
The seller's disclosure is one of the few listing documents entirely in your hands. A complete, specific notice delivered before the contract keeps buyers from walking away over paperwork and records exactly what you told them. If you're getting ready to sell, talk with us or start on our selling page, and we'll help you prepare the disclosure alongside pricing and prep.