Texas FSBO disclosure requirements

Texas Property Code §5.008 requires every seller of a single-family residence to give the buyer a written Seller's Disclosure Notice on or before the contract is signed. The standard form is TREC OP-H — free at trec.texas.gov. It asks about known defects, prior repairs, flooding, foundation issues, HVAC, roof, and more.

You only have to disclose what you actually know — there's no duty to investigate. But you must disclose everything you do know, in good faith. Lying or omitting is fraud, and Texas courts have been increasingly willing to award damages.

Exceptions: court-ordered sales, foreclosures, transfers between co-owners, and a few others. If any apply to your situation, talk to a Texas real-estate attorney before relying on the exception.

If your home was built before 1978, federal law (Title X / 42 USC §4852d) requires a Lead-Based Paint Disclosure plus the EPA's "Protect Your Family From Lead" pamphlet. The buyer also gets a 10-day window to test for lead paint at their expense.

The form is short and straightforward — find it free at hud.gov. Both you and the buyer must sign it, and it must be attached to the purchase agreement. Skipping it is a federal violation, with civil penalties up to roughly $20,000 per violation as of 2026.

If your home is in an HOA or POA, Texas Property Code §207 requires you to provide the buyer with a Subdivision Information form (the HOA's resale certificate, dues, restrictions, pending litigation). The buyer can request it at any time before closing.

Most HOAs charge $200–400 to produce the resale packet, and it can take 5–10 business days. Order it the day you accept an offer — closing-day delays are common and entirely avoidable.

Special districts: if your home is in a Municipal Utility District (MUD), Public Improvement District (PID), or similar, you must provide the buyer with the special-district notice. This is common in newer Texas subdivisions and easy to miss.

Coastal Area Property: homes near the Texas coast have separate notices about hurricane risk and wind insurance.

Statutory Tax District / Annexation: if your home is subject to municipal annexation, this must be disclosed.

When in doubt, ask the title company — they keep checklists by county and will flag what's missing.

Best practice: deliver every required disclosure with the listing, before any offer is signed. That way the buyer can't later claim they would have negotiated differently if they'd known.

Keep signed copies. Email + PDF is fine; many Texas FSBOs use a free service like DocuSign or HelloSign for the signatures. Save them in the same folder as your purchase agreement.