Putting your home on the market means cleaning the baseboards, maybe replacing a light fixture or two—but behind the scenes?
There’s paperwork.
There are timelines.
Texas is a full disclosure state, meaning sellers must share everything they know about the property’s condition—no skipping, sugarcoating, or hiding. This is done through a document called the Seller’s Disclosure Notice (usually the Texas REALTORS® version, known as TXR 1406).
Here’s what you must disclose:
Foundation issues (past or present, repaired or unrepaired)
Roof history (age, leaks, replacements)
Any cracks, movement, or settling
Termite or pest damage (even if treated)
HVAC performance and repairs
Electrical system problems or upgrades
Plumbing issues like leaks, pipe bursts, or sewer backups
Water heater condition
Built-in appliances (stove, oven, dishwasher, etc.) that stay with the house
Past flooding (even if not in a FEMA flood zone)
Drainage problems on or around the lot
Use of sump pumps, French drains, or other mitigation efforts
Flood insurance claims, even if fully resolved
Asbestos
Lead-based paint (required for homes built before 1978)
Mold
Radon or methane gas
Soil contamination or underground storage tanks
Any repairs made to major systems (foundation, roof, electrical, HVAC)
Additions or remodels (especially if done without permits)
Insurance claims for damage—even if fixed
Encroachments or boundary disputes
Easements running through the property
Code violations
Pending lawsuits or liens that affect title
Known zoning restrictions that could impact use
If you’re in an HOA, you must disclose:
The name of the HOA
Fees (monthly, quarterly, special assessments)
Governing documents (bylaws, CC&Rs)
Restrictions that may affect what buyers can do with the home
In Texas, you are NOT required to disclose natural deaths, suicides, or deaths from unrelated accidents.
However, you must disclose deaths related to the condition of the property—such as a fatal carbon monoxide leak, faulty wiring, or structural failure.
Whether the home is currently occupied by tenants
Whether you’ve used it as a short-term rental or Airbnb
If there are any unrecorded leases, verbal agreements, or future commitments
Only in limited cases:
You’ve never lived in the home (estate sale, investor sale, inherited home, etc.)
You’re selling to a close relative
It’s a foreclosure or bankruptcy sale
It’s a brand-new build from a licensed builder (though they may still need to disclose known defects)
Even then, a disclosure is still recommended—it builds trust and protects you from future claims of misrepresentation.
The Texas Contracts: What You’ll Be Signing
Once a buyer makes an offer and you accept, you’ll sign a Texas Real Estate Commission (TREC) contract—this is a standardized form used statewide.
Your contract will spell out:
Purchase price
Closing date
What stays with the house (appliances, fixtures, etc.)
Earnest money and option period terms
Who pays for title insurance, survey, and other fees
You may also be responsible for:
Providing the Seller’s Disclosure Notice within the deadline
Delivering HOA documents and resale certificates
Making any agreed-upon repairs after inspections
Signing the Third Party Financing Addendum if the buyer is financing
Complying with Title Commitment timelines
If you’re in a neighborhood with an HOA, there may be additional forms (like Subdivision Info Notices and Fees Addenda).
Buyers in Texas typically have an option period—a short window (usually 5–10 days) where they can cancel for any reason after reviewing inspections. You don’t get that option fee back.
If they back out after the option period without a valid contractual reason, you could keep their earnest money—but it depends on how the contract is written and what contingencies are in place.
This is why it’s important to have:
A clear understanding of deadlines
An agent who knows how to manage the timeline
A strategy for inspections, repairs, and negotiating
Selling your home isn’t just about listing it and waiting for offers. There’s a process—and sellers who understand it (or hire someone who does) make more money and stress less.
Disclosures, inspections, and contracts?
It is a lot.
But you don’t have to figure it out alone.
Let’s make sure everything’s done right from the start—no surprises, no missteps, no missed deadlines.
Get your personalized seller consultation ➜ https://tesstalksrealestate.com/valuationDisclosures, inspections, contracts… it’s a lot.Here’s the good news: you don’t need to know it all
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