What Is a Seller Disclosure?

A seller disclosure is intended to provide the buyer with information about known conditions affecting the property.

Depending on the transaction, a Texas seller may be required to provide a written disclosure notice addressing numerous property components and conditions.

The seller should answer required questions based on their actual knowledge rather than guessing, minimizing or intentionally withholding information.

The disclosure is not a warranty that nothing is wrong with the home. It is a statement about what the seller knows.

What Types of Conditions May Need to Be Disclosed?

The exact form and transaction determine what must be addressed, but common property-condition topics can include:

• Roof condition or prior roof repairs.
• Foundation or structural concerns.
• Water intrusion or previous leaks.
• Plumbing concerns.
• Electrical issues.
• HVAC problems.
• Drainage concerns.
• Pool or spa issues.
• Previous property damage.
• Known defects affecting improvements or systems.

If you are uncertain whether a specific condition belongs on a required disclosure, ask before completing the form rather than assuming.

Do You Need to Disclose a Problem That Was Repaired?

Do not assume that a completed repair automatically eliminates every disclosure question.

For example, a homeowner may previously have addressed:

• A roof leak.
• Foundation work.
• A plumbing leak.
• Water intrusion.
• HVAC replacement.
• Pool repairs.

The repair may have corrected the problem, but required disclosure forms may still ask questions about prior conditions, repairs or events.

Answer the actual question being asked and provide accurate information based on what you know.

Keep Documentation for Major Repairs

If you have completed significant work, gather available records before listing.

Useful information may include:

• Invoices.
• Receipts.
• Warranties.
• Contractor information.
• Engineering reports.
• Roof documents.
• HVAC service records.
• Pool repair records.

Documentation can help provide context when a buyer has questions about a prior condition or repair.

What About Previous Inspection Reports?

If you have a previous inspection report or other professional property report, do not simply ignore it because the report is old.

Review the information with the professionals assisting with your sale and determine whether any known conditions remain relevant to the disclosure process.

A prior report may contain observations involving:

• Roofing.
• Electrical systems.
• Plumbing.
• HVAC.
• Drainage.
• Foundation.
• Pool equipment.

A seller should not use a buyer's future inspection as a reason to avoid accurately completing required disclosures.

Should You Get a Pre-Listing Inspection?

For some Star Trail sellers, a pre-listing inspection can provide useful information before the home reaches the market.

It may help identify concerns involving:

• Roofing.
• Electrical systems.
• Plumbing.
• HVAC.
• Drainage.
• Visible structural conditions.

The seller can then decide how to address those findings before buyers begin their own inspections.

Learn About the Certified Pre-Owned Home Listing Program

Water Intrusion Deserves Careful Attention

Known water-related conditions can be particularly important because moisture may affect multiple areas of a home.

Examples might include:

• Roof leaks.
• Plumbing leaks.
• Window leaks.
• Drainage-related water entry.
• Previous interior water damage.

If an issue was professionally repaired, retain available documentation describing the work.

What If You Are Unsure Whether Something Must Be Disclosed?

Do not guess.

Disclosure requirements can depend on the property, the issue and the transaction.

Your Realtor can help you understand the forms being used and the transaction process, but questions requiring interpretation of legal obligations should be directed to an appropriately licensed attorney.

The safest approach is to raise the question before the home goes under contract rather than waiting until a dispute develops.

Do Not Wait Until You Receive an Offer to Gather Information

Before listing, consider assembling:

• Repair records.
• Warranty information.
• Inspection reports.
• Roof documentation.
• HVAC records.
• Pool records.
• Major improvement invoices.

This can make it easier to answer buyer questions and keep the transaction moving once an offer is accepted.

Official Resources

• Texas Real Estate Commission consumer resources

Star Trail FAQs