Texas Seller Disclosure Forms: What Sellers Must Disclose & What Buyers Should Know | Adam Timothy Group

Texas Disclosure Forms:
What Both Sides Need to Know

Several required documents. Two sides of the table. Whether you're buying or selling a home in Texas, understanding what goes on each disclosure form — and its TAR and TREC form number — protects you and your transaction.

In every Texas residential real estate transaction, the law requires sellers to complete several disclosure documents before a sale can close. For buyers, these forms are a window into the property's history and condition. For sellers, they're a legal obligation — and an opportunity to build trust with prospective buyers by being upfront about what they know. Understanding what goes on each form, and why it matters, protects everyone at the table. TAR (Texas Association of Realtors) and TREC (Texas Real Estate Commission) each publish their own versions of key forms — we've included both reference numbers throughout.

Form 01
Seller's Disclosure Notice
TAR: TXR 1406  ·  TREC: OP-H (Form 55-0)  ·  Required for Most Residential Sales

This is the primary disclosure document and the one most buyers are familiar with. Under Texas Property Code §5.008, sellers of most residential properties are legally required to deliver this form. It covers the seller's known condition of the property across virtually every major system and feature.

Foundation & structural
Roof age & repairs
HVAC systems
Plumbing & electrical
Water intrusion history
Flooding & drainage
Pool & spa condition
Sprinkler & septic
Mold, asbestos, radon
HOA & known violations
Property litigation
Other known defects

The key word throughout the form is known — sellers are disclosing what they're aware of, not warranting the condition of the property. This is why a thorough independent inspection is still essential, even after reviewing a clean disclosure.

For Buyers
Read this form carefully before making an offer. Any "yes" answer is a prompt to dig deeper at inspection. Cross-reference disclosed issues against the inspector's findings — and ask your agent about pricing implications.
For Sellers
Disclose everything you know. Omissions or misrepresentations on this form can create legal liability after closing. When in doubt, disclose — a proactive seller builds buyer confidence and reduces the chance of post-inspection renegotiation.
Form 02
Lead-Based Paint Addendum
TAR: Attached to TXR 1406  ·  TREC: OP-L  ·  Required for All Homes Built Before 1978

This form is federally mandated and applies to any home built before 1978 — the year the federal government banned residential use of lead-based paint. If you're buying a home built before that date, this addendum is required regardless of what state you're in.

Seller's knowledge of lead
Existing test reports
EPA pamphlet receipt
10-day inspection right

As the buyer, you'll acknowledge receiving the EPA pamphlet "Protect Your Family from Lead in Your Home" and you're entitled to a 10-day inspection period specifically to test for lead. This is a federal buyer-protective requirement — it cannot be waived by the seller.

For Buyers
If you're purchasing a pre-1978 home — East Austin bungalows, Hyde Park cottages, Travis Heights craftsmans — seriously consider using your 10-day window to test, especially if you have young children. The cost of a lead test is minimal compared to what remediation can run.
For Sellers
If you have any existing lead test reports, share them. Transparency here reduces buyer anxiety and shortens the inspection period. Sellers who proactively provide documentation tend to close with fewer surprises.
Form 03
Seller's Disclosure of Improvements
TAR: TXR 1418  ·  TREC: Addendum to OP-H  ·  Documents Work History on the Property

This is the form that buyers most often underestimate — and the one that can matter most. While the OP-H captures the current condition of the home, the Improvements Addendum documents the history of work done to the property. For each significant improvement or repair, the seller discloses:

Description of work done
Approximate date completed
Whether permits were pulled
Licensed vs. DIY work
Foundation repairs
Roof replacements
HVAC replacements
Room additions
Plumbing upgrades
Electrical work
Structural changes
Pool & spa work

Unpermitted work — especially additions, structural changes, or major system replacements — can create issues with lenders, insurers, and future resale. Work done without a licensed contractor in categories that legally require one (electrical, plumbing, HVAC, structural) can create safety and liability concerns.

For Buyers
Use this addendum as a roadmap for your inspector. If a seller discloses a foundation repair, ask for the contractor's warranty and engineering docs. Unpermitted additions are worth flagging with your lender early — some loan types require permits to be retroactively pulled before closing.
For Sellers
Go room by room before listing and document every improvement — when it was done, by whom, and whether you pulled a permit. Disclosed improvements with documentation actually add value. Undisclosed ones discovered at inspection become negotiating leverage against you.
Form 04
Flood Disclosure
TAR: TXR 1406 (Sections 5–7) + TXR 1414  ·  TREC: OP-H / Form 55-0 (Sections 5–7)  ·  Expanded Post-Harvey, Mandatory Since Sept. 1, 2019

Flood disclosure is embedded within the primary Seller's Disclosure Notice — but it carries enough weight to treat as its own category. Following Hurricane Harvey, the 86th Texas Legislature significantly expanded what sellers must disclose about flood history and flood risk. Sellers must now answer yes, no, or unknown to each of the following:

Located in 100-year floodplain
Located in 500-year floodplain
Located in a floodway
Located in a flood pool
Located in or near a reservoir
Previous reservoir breach flooding
Previous water penetration from flood
Flood insurance claim filed
FEMA or SBA assistance received
Present flood insurance coverage

When a seller indicates present flood insurance coverage on TXR 1406, the TAR form directs them to also provide TXR 1414 — Information About Special Flood Hazard Areas. This is a companion informational form that explains flood zones, insurance requirements, and related issues to the buyer. It does not disclose property-specific facts, but its omission has led to litigation — in one Texas case, a seller ended up liable for over $140,000 in attorney's fees after failing to attach it.

For Buyers
Don't rely solely on the disclosure — FEMA maps lag reality. Independently verify floodplain status at FEMA's Flood Map Service Center and check city/county floodplain records. In Central Texas, flood pool proximity near the Highland Lakes, Onion Creek, and the Colorado River corridor is a material issue even for properties that have never personally flooded.
For Sellers
If you have flood insurance, attach TXR 1414 — failure to do so when using the TAR form can give a buyer grounds to terminate. Disclose all flood history, including events that predate your ownership if you're aware of them. Proactive flood disclosure with supporting documentation (elevation certificates, prior insurance declarations) builds buyer confidence and shortens negotiations.
Form 05
Named Exclusions Addendum to Listing
TAR: TXR 1402  ·  TREC: No equivalent  ·  Used at Listing to Remove Fixtures from the Sale

This is a TAR-only form used at the time of listing — before any buyer ever sees the property. It allows the seller to formally identify specific attached fixtures they intend to keep, so those items are never marketed as conveying and never create buyer expectations. In Texas, anything permanently attached to the property is presumed to convey unless excluded. TXR 1402 is how sellers exercise that exclusion at the front end of the transaction.

Named chandeliers
Custom light fixtures
Built-in shelving
Attached mirrors
Window treatments
Outdoor built-in features
Smart home devices
Decorative hardware

Items listed on TXR 1402 are excluded from the listing agreement and reflected in MLS marketing. This prevents the item from becoming a point of negotiation after an offer is received — the buyer never had reason to expect it.

For Buyers
Review the listing exclusions before your showing. If a fixture that's excluded matters to you — a chandelier, a built-in — you can negotiate its inclusion as part of your offer. But you can't assume it stays just because it's there when you tour the home.
For Sellers
Complete TXR 1402 at listing — not after you receive an offer. Walk through your home and flag every attached item you intend to take. Getting it on the listing prevents the awkward mid-contract conversation where a buyer feels like the rug is being pulled out from under them.
Form 06
Non-Realty Items Addendum to Contract
TAR: TXR 1924  ·  TREC: OP-M  ·  Used at Contract to Include Personal Property in the Sale

Where TXR 1402 takes things out at listing, the Non-Realty Items Addendum puts things in at contract. It's used when a seller agrees to include personal property — items that wouldn't automatically convey because they're not permanently attached — as part of the sale. Without this addendum, personal property mentioned in MLS listings or verbal negotiations is not binding on the seller once a contract is signed.

Refrigerators
Washers & dryers
Freestanding appliances
Wine fridges
Garage shelving (freestanding)
Patio furniture
Potted plants
Propane tanks (if owned)

Each item on TXR 1924 / OP-M should specify whether it conveys at no additional cost or for an agreed sum, and confirm the seller owns the item free of encumbrances. The form is attached to and made part of the purchase contract.

For Buyers
If a refrigerator, washer/dryer, or any personal property was part of your decision to make an offer, make sure it's on the Non-Realty Items Addendum — not just in the MLS remarks or a text message. Verbal agreements and MLS listings are not enforceable against the seller once the contract is executed.
For Sellers
If you're offering personal property as an incentive — a refrigerator, patio set, garage shelving — document it on TXR 1924. It protects you from disputes at closing and final walkthrough. Clarity now prevents "but we thought it included…" conversations on closing day.

What Disclosures Don't — and Do — Accomplish

For sellers, disclosures are a legal obligation — but they're also a strategic asset. A well-prepared, thorough disclosure package signals to buyers that you're an honest seller with nothing to hide. It shortens negotiations, reduces post-inspection surprises, and builds the kind of trust that keeps deals from falling apart.

For buyers, disclosures are a starting point — not a guarantee. Sellers are disclosing what they know, not warranting the condition of every system. A seller may genuinely be unaware of a slow slab leak or a failing HVAC capacitor. Always pair your review of these forms with a thorough independent inspection, and ask your agent to help you interpret anything that raises a flag.

Bottom Line

These forms exist to protect everyone in the transaction. Sellers who complete them carefully and honestly reduce their legal exposure and close with fewer headaches. Buyers who read them closely — and cross-reference them against their inspection — walk into closing with eyes wide open. Done right, disclosure isn't a hurdle. It's a foundation for a clean deal.

Buying or Selling in Austin?

We guide both buyers and sellers through every disclosure form — and everything in between. Reach out to the Adam Timothy Group to get started.

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