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.
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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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