Texas Seller Disclosure Forms:
What Both Sides Need to Know
A complete guide to the six Texas residential disclosure forms — which apply to every transaction, which only apply in specific situations, and what sellers should disclose to protect an as-is sale. TREC and TAR form numbers included throughout.
Every Texas residential real estate transaction requires the seller to complete disclosure documents before closing — but not every form applies to every sale. Some are mandatory in almost all transactions; others only apply in specific situations like older homes, properties with improvement history, or deals involving personal property. Understanding which forms apply to your specific transaction, and how disclosure reshapes what can be renegotiated later, protects everyone at the table.
TAR (Texas REALTORS®) and TREC (Texas Real Estate Commission) each publish their own versions of the key forms. We've included both reference numbers throughout so you can locate the exact document referenced in your transaction.
Disclosure Is a Seller's Best Defense — and a Buyer's Deadline
For sellers: Anything you disclose before a buyer makes an offer is baked into their purchase price. A buyer who signs a contract knowing about the foundation repair, the aging roof, or the previous water intrusion has already accepted that condition in their offer. They cannot come back after inspection and demand a credit or price reduction for something that was disclosed on day one. Thorough disclosure is the single most effective way to push through a clean, as-is sale with minimal post-inspection renegotiation.
For buyers: Read every disclosure form carefully before writing your offer — not after. Once you're under contract, issues that were already disclosed are not legitimate grounds for renegotiation. If the seller disclosed a cracked slab, an old HVAC system, or past flood damage, and you made your offer anyway, the inspection report confirming those same issues gives you no new leverage. Price in what's disclosed upfront, or walk away.
The Six Texas Disclosure Forms — and When They Apply
Seller's Disclosure Notice (SDN)
This is the primary Texas seller disclosure document. Under Texas Property Code §5.008, sellers of most residential properties are legally required to deliver this notice. It covers the seller's known condition of the property across 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 distinction is the single most important concept on this form for both sides.
Disclose everything you know. Then disclose a little more. Every issue you put on the SDN before listing becomes part of the buyer's offer calculus. They see it, they decide what it's worth to them, and they submit a price that already accounts for it.
What you don't disclose is where the renegotiation risk lives. A buyer who discovers a problem at inspection that wasn't on the SDN has grounds to demand a credit, price reduction, or repair — and may even have post-closing legal recourse. An aggressive, thorough disclosure strategy is how you protect an as-is sale. When in doubt, disclose.
Anything disclosed here is not a renegotiation point later. If the seller tells you on the SDN that the roof is 22 years old, you don't get to ask for a new roof after your inspector confirms it. Your offer price needs to reflect those known issues upfront.
Use the SDN as your pre-offer roadmap. Cross-reference every "yes" answer against market comps and repair estimates. Your inspection should confirm disclosed issues — not surprise you with them. Real renegotiation leverage comes from material defects the seller did not disclose.
Lead-Based Paint Addendum
When it applies: This form is federally mandated for any home built before 1978 — the year residential lead-based paint was banned. If your home was built in 1978 or later, this form is not required and does not need to be delivered to the buyer. For pre-1978 homes, it's required regardless of state and cannot be waived.
Buyers acknowledge receiving the EPA pamphlet "Protect Your Family from Lead in Your Home" and are entitled to a 10-day inspection period specifically to test for lead. This federal buyer-protective requirement cannot be waived by the seller.
Share any existing lead test reports proactively. Documented test results reduce buyer anxiety and often shorten the inspection window. If the home has been remediated, provide the documentation.
If you're purchasing a pre-1978 home — East Austin bungalows, Hyde Park cottages, Travis Heights craftsmans — seriously consider your 10-day testing window, especially with young children. Lead testing is inexpensive relative to remediation.
Seller's Disclosure of Improvements
When it applies: This addendum is only relevant if the seller has made significant improvements, additions, or major repairs to the property. If the seller hasn't done meaningful work — no additions, no foundation repairs, no system replacements — this form isn't necessary. When it is used, it documents the history of work done to the property. For each significant improvement or repair, the seller discloses the scope, approximate date, whether permits were pulled, and whether licensed contractors performed the work.
Unpermitted work — particularly 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) creates real liability concerns.
Walk the house before listing and document every improvement — when it was done, by whom, and whether you pulled a permit. Disclosed improvements with paperwork add value. Undisclosed improvements discovered at inspection become buyer leverage. Gather warranties, permits, and engineering reports now.
Use this addendum as a roadmap for your inspector. If a foundation repair is disclosed, request the contractor's warranty and any engineering documentation. Flag unpermitted additions with your lender early — some loan types require retroactive permits before closing.
Flood Disclosure
Flood disclosure is embedded within the primary SDN — 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 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. Its omission has led to serious litigation — in one Texas case, a seller ended up liable for over $140,000 in attorney's fees after failing to attach it.
If you have flood insurance, attach TXR 1414. Disclose all flood history, including events that predate your ownership if you know of them. Proactive flood disclosure with supporting documentation — elevation certificates, prior insurance declarations — builds buyer confidence and dramatically reduces the odds of a deal falling apart at inspection.
Don't rely solely on the disclosure — FEMA maps lag reality. Independently verify floodplain status at the FEMA Flood Map Service Center and check city and county floodplain records. In Central Texas, flood pool proximity near the Highland Lakes, Onion Creek, and the Colorado River corridor is material even for properties that have never personally flooded.
Named Exclusions Addendum to Listing
When it applies: This TAR-only form is only needed if the seller intends to keep specific attached fixtures that would otherwise convey with the property. If everything attached is staying with the home, this form isn't necessary. When it is used, it's completed at the time of listing — before any buyer sees the property — and formally identifies the excluded items. In Texas, anything permanently attached to the property is presumed to convey unless excluded, so TXR 1402 is how sellers exercise that exclusion at the front end of the transaction.
Complete TXR 1402 at listing — not after you receive an offer. Walk through every room and flag each 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.
Review listing exclusions before your showing. If an excluded fixture matters to you, negotiate its inclusion in your offer. You cannot assume an excluded item stays just because it's there at the tour.
Non-Realty Items Addendum to Contract
When it applies: This form is only used when the seller is including personal property in the sale — refrigerator, washer/dryer, patio furniture, or other items that wouldn't automatically convey because they're not permanently attached. If no personal property is being included, this addendum isn't needed. Where TXR 1402 takes things out at listing, the Non-Realty Items Addendum puts things in at contract. Without this addendum, personal property mentioned in MLS listings or verbal negotiations is not binding once a contract is signed.
If you're offering personal property as an incentive, document it on TXR 1924. Clarity now prevents the "but we thought it was included" conversation at the final walkthrough.
If a refrigerator, washer/dryer, or any personal property was part of your decision, make sure it's on TXR 1924 — not in MLS remarks or a text message. MLS descriptions and verbal promises are not enforceable once the contract is executed.
The As-Is Sale: How Disclosure Protects the Price
Most Texas resale transactions are written on the TREC 1-4 Family Residential Contract with the buyer's option period — effectively an "as-is with an out" structure. The buyer can terminate for any reason during the option period, but the seller isn't obligated to accept repair requests. Understanding how to use disclosure to lock in that as-is dynamic is where experienced sellers separate themselves.
- Disclose early and broadly. Complete a thorough SDN and Improvements Addendum before your home hits the market. Known defects go on paper before any showing happens.
- Price the home to reflect disclosed issues. A home with a disclosed 20-year-old roof and no foundation transfer warranty should be priced accordingly. Buyers who offer anyway have accepted that condition.
- Hold firm in the option period. When disclosed issues reappear in the inspection report, there's nothing new to negotiate. You disclosed it, they offered knowing about it, the price already reflected it.
- Negotiate only on genuine surprises. If the inspection reveals something the seller genuinely didn't know — an active plumbing leak, undisclosed pest damage — that's legitimate ground for a credit or repair. Everything else should be held.
For Buyers: Where Real Renegotiation Leverage Lives
Legitimate post-inspection renegotiation in Texas generally comes from one of three scenarios: a material defect that was not disclosed and the seller reasonably should have known about, a new discovery that wasn't reasonably visible (active leaks inside walls, structural issues behind finishes), or a safety hazard a lender or insurer will require to be remediated before closing. Asking for a price reduction on a 20-year-old roof the seller already disclosed isn't renegotiation — it's a re-trade, and a seller with a good agent will hold firm.
For Sellers: What Disclosure Doesn't Cover
Disclosure protects you against claims about known issues. It doesn't shield you from misrepresentation (saying "no" when the honest answer is "yes") or from failing to disclose something you reasonably should have known. If you lived with a chronic drainage issue every spring, "unknown" isn't the right answer. The Texas Property Code allows buyers to sue for actual damages, statutory damages, and attorney's fees when a seller fraudulently fails to disclose. Thoroughness protects you; selective memory does not.
Frequently Asked Questions About Texas Disclosure Forms
Do all six Texas disclosure forms apply to every transaction?
No. Only two are required in virtually every Texas residential resale: the Seller's Disclosure Notice and its embedded Flood Disclosure. The other four are situational — the Lead-Based Paint Addendum is federally required only for homes built before 1978, the Improvements Addendum is only relevant when significant work has been done to the property, the Named Exclusions Addendum is only used when the seller wants to keep attached fixtures, and the Non-Realty Items Addendum is only used when personal property is included in the sale.
Do I need the Lead-Based Paint Addendum for a home built in 1978 or later?
No. The Lead-Based Paint Addendum is federally mandated only for residential properties built before 1978 — the year residential lead-based paint was banned. If the home was built in 1978 or any year after, the form is not required and does not need to be delivered to the buyer.
Can a buyer renegotiate after inspection for issues disclosed on the Seller's Disclosure Notice?
Generally, no. If a condition was disclosed on the SDN before the buyer made an offer, the buyer is presumed to have accounted for it in their offer price. An inspection confirming that same condition creates no new information, and most sellers — with good representation — will refuse to renegotiate. Buyers who want to preserve negotiation leverage should price disclosed issues into the offer upfront or walk away.
What happens if a Texas seller fails to disclose a known defect?
Under Texas Property Code §5.008 and related statutes, a seller who fails to disclose a known material defect can be sued for actual damages, statutory damages, and the buyer's attorney's fees. This liability survives closing. For sellers, the strategic math is clear: the cost of disclosing a known issue is almost always lower than the cost of litigating one.
Who completes the Seller's Disclosure Notice — the seller or the agent?
The seller completes it. The Texas Property Code places the legal obligation on the seller, and the form reflects the seller's personal knowledge. Agents can explain the form, but they cannot fill it out on the seller's behalf. Sellers should take the time to answer each question honestly and thoroughly.
Are there exemptions from the Texas Seller's Disclosure requirement?
Yes. Texas Property Code §5.008 exempts certain transactions including new construction never occupied, transfers pursuant to court order, transfers from one co-owner to another, transfers to a spouse or direct family member, and foreclosure sales. Most standard residential resale transactions are not exempt.
How is "known" defined on the Seller's Disclosure Notice?
"Known" means the seller has actual knowledge. Sellers aren't required to hire inspectors or investigate unknown conditions — but they can't willfully ignore obvious issues either. If a defect has been discussed with a contractor, flagged by a prior inspector, or experienced firsthand (recurring leaks, seasonal flooding, visible cracking), it's known.
What's the difference between TAR and TREC forms?
TREC (Texas Real Estate Commission) is the state regulatory body; its forms are available to the public and cover the statutorily required disclosure minimums. TAR (Texas REALTORS®) forms are available only to REALTOR® members and often include more detailed disclosure language, additional addenda, and practitioner-friendly structure. Most agent-represented transactions use TAR forms; most FSBO transactions use TREC forms.
Texas disclosure forms exist to protect everyone at the table. Sellers who complete them carefully and honestly reduce their legal exposure, lock in an as-is sale, and close with far fewer inspection-period surprises. Buyers who read them closely — before writing an offer, not after — avoid the frustration of discovering that everything they'd hoped to renegotiate was already on paper. Done right, disclosure isn't a hurdle. It's the foundation of a clean deal.
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