What must a home seller disclose in Texas?

Texas requires a written disclosure of known property conditions under Property Code Chapter 5.

1. Seller's Disclosure Notice — § 5.008

Applies to single-family residences (1-4 units).

The TREC OP-H form is the most common version.

Seller must check Yes / No / Unknown for defects in:

- Roof, foundation, plumbing, electrical, HVAC, appliances, walls, ceilings, windows, doors.

- Previous flooding, water penetration, wood-destroying insects.

- Flood-zone disclosure (§ 5.008(b)) — including whether the property is in a 100-year floodplain or has received federal flood-disaster assistance.

Must be delivered on or before the effective date of the contract.

Failure to deliver: buyer may terminate within 7 days.

2. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings — Texas has no separate state form.

3. "As-Is" Sales

Prudential Ins. Co. v. Jefferson Associates (Tex. 1995): an "as-is" clause is enforceable but does not shield fraud or fraudulent concealment.

4. Exemptions (§ 5.008(e))

Court-ordered transfers, foreclosure, trustee, executor, administrator, conservator, or guardian sales.

Transfers between co-owners or spouses, transfers to/from government entities.

New construction never occupied.

5. Latent vs Patent Defects

Sellers must disclose latent (hidden) material defects they know of. Patent (obvious) defects need not be specifically noted.

6. Statute of Limitations

4 years for fraud and breach of contract (Tex. Civ. Prac. & Rem. Code § 16.004).

2 years for DTPA claims (Bus. & Comm. Code § 17.565).

This is legal information, not legal advice.