What Do I Have to Disclose When Selling My Home in Texas?

By Stephen Harris | May 8, 2026

The TREC Seller’s Disclosure Notice is one of the first documents you’ll complete when listing your home in Texas — and one of the most important. Sellers sometimes approach it cautiously, worried that disclosing problems will hurt their sale. In practice, the opposite is usually true: accurate disclosure protects you legally and prevents the kind of mid-contract surprises that kill deals.

Here’s what the form covers, what you’re actually required to disclose, and what changed in 2026.

What the Disclosure Form Is

Under Texas Property Code Section 5.008, sellers of previously occupied residential properties are required to provide a written Seller’s Disclosure Notice to buyers before or at the time a contract is executed. There are limited exceptions — estate sales, foreclosures, certain family transfers — but for the typical Killeen home sale, the disclosure is mandatory.

The form is provided by TREC (Texas Real Estate Commission) and asks about the condition of your home at the time of sale. It’s not a warranty — you’re not guaranteeing anything. You’re disclosing what you know.

That distinction is critical: you disclose what you’re aware of. You are not required to investigate items you don’t know about. But if you know the roof has been leaking and you don’t disclose it, that’s a different story legally.

What the Form Covers

The TREC Seller’s Disclosure Notice asks about every major system and structural component of the home:

• Structural and roof: Known defects in the foundation, walls, ceilings, floors, and roof. If you’ve had foundation piers installed, leveling done, or mudjacking, you’ll disclose what work was done, who did it, when, and whether a transferable warranty exists. Foundation history is one of the most scrutinized items in any Texas sale — disclose it with documentation.
• HVAC, plumbing, and electrical: Known defects in your heating and cooling system, water heater, plumbing lines, and electrical panel. If your HVAC is on its last legs, you’re not required to replace it before listing — but you are required to disclose that you’re aware of its condition.
• Appliances: Which appliances are included in the sale (range, oven, dishwasher, garbage disposal, etc.) and any known defects in those appliances.
• Water and septic: Whether the property uses city water or a private well, city sewer or a septic system. For private wells, the form asks about water quality testing and known issues. For septic systems, it asks about type, maintenance history, last inspection date, and known problems.
• Pools, spas, and related equipment: Presence and known condition of pools, hot tubs, and all associated equipment.
• Environmental: Known presence of asbestos, lead-based paint, radon, urea formaldehyde insulation, hazardous waste, underground tanks, or contaminated soil.
• Flood and drainage: Whether the property has ever flooded from natural causes, whether it’s located in a FEMA flood zone, and any drainage issues you’re aware of.
• HOA and legal: HOA membership status, fees, and any pending litigation or code violations affecting the property.
• Other material facts: Any other known facts about the property that would be material to a buyer’s decision — a catch-all that Texas courts have interpreted broadly.

What Changed in 2026

Texas adopted two new disclosure requirements that took effect in early 2026.

Homeowner’s insurance disclosure. Sellers must now disclose whether the property is currently covered by homeowner’s insurance, and whether they’ve been unable to obtain insurance for any reason. This matters because some Killeen properties — particularly those with older roofs, prior claims history, or proximity to flood zones — have become difficult or expensive to insure. Buyers need this information to understand their carrying costs before they close.

Water rights disclosure. A new standalone form now requires sellers to disclose what they know about groundwater and surface water rights associated with the property — including whether it’s located in a Groundwater Conservation District and the condition of any private wells. In Central Texas, where water rights and aquifer access are increasingly significant, this is a meaningful addition.

Your agent will have the current forms and walk you through each section. Don’t try to complete the disclosure without guidance on the first pass — some items have specific legal implications, and getting it right matters.

Why Accurate Disclosure Protects You

Sellers sometimes think the disclosure form works against them — that admitting problems will cost them the deal or a price reduction. In reality, accurate disclosure provides substantial legal protection. Once you’ve disclosed a known issue in writing, your liability for that issue after closing is significantly reduced. Buyers who purchase with knowledge of a condition have difficulty claiming damages for that same condition after the fact.

More practically: buyers will discover issues. Inspections, VA appraisals, and title searches surface problems regularly. If a buyer discovers during the option period that you knew about an issue and didn’t disclose it, the deal typically ends right there — along with your relationship with that buyer and potentially your legal standing. Upfront disclosure converts potential deal-killers into negotiated outcomes. A buyer who knows about a foundation repair documented with a 10-year transferable warranty is in a very different mental state than one who discovers it mid-inspection without warning.

Frequently Asked Questions

Is a seller’s disclosure required in Texas?

Yes — under Texas Property Code Section 5.008, sellers of previously occupied residential properties must provide a written Seller’s Disclosure Notice before closing. There are limited exceptions (estate sales, foreclosures, certain family transfers), but for the typical Killeen home sale it’s mandatory.

What does the TREC Seller’s Disclosure Notice cover?

Known material defects and conditions in major systems and structural components — roof, foundation, HVAC, plumbing, electrical, appliances, pools/spas, septic, and environmental issues. It also covers flood history, pending litigation, HOA membership, and other material facts. You disclose what you know; you’re not required to investigate items you’re unaware of.

What happens if I don’t disclose something on my Texas seller’s disclosure?

Failing to disclose a known material defect can expose you to significant legal liability after closing — including rescission of the sale and damages. Accurate disclosure protects you as much as it protects the buyer. Once a known issue is disclosed in writing, your liability for that issue is substantially reduced.

Do I have to disclose if my home had foundation work done?

Yes. The TREC form specifically asks about foundation repair — what was done, who did it, when, and whether a transferable warranty exists. Foundation work is one of the most scrutinized items in any Texas sale. Disclose it with documentation. A documented repair with a transferable warranty is a selling point, not a liability.

What are the new disclosure requirements in Texas in 2026?

Two additions: sellers must disclose whether the property is currently covered by homeowner’s insurance and whether they’ve been unable to obtain coverage. There’s also a new standalone water rights form requiring disclosure of groundwater and surface water conditions, well status, and Groundwater Conservation District membership.