What is the Texas Seller's Disclosure Notice?

A written notice required by Texas Property Code §5.008 for sales of residential real property comprising not more than one dwelling unit. The notice must be delivered to the buyer on or before the buyer executes the purchase contract. TREC promulgates Form 55-1 (effective May 28, 2026; previously Form 55-0 from 2023, and before that the long-standing Form OP-H), which satisfies the statutory requirement and is used in virtually every Texas residential transaction. Sellers may use Form 55-1 or any substantially similar written notice containing all the items prescribed by §5.008(b).

What are the exemptions to the Texas Seller's Disclosure Notice requirement?

§5.008(e) lists eleven exemption categories within the scope of §5.008: court-ordered transfers, bankruptcy trustee transfers, transfers to/by a mortgagee or deed-of-trust beneficiary through foreclosure or deed in lieu, transfers between co-owners, transfers by a fiduciary in the administration of a decedent's estate, guardianship, conservatorship, or trust, transfers to a spouse or person in lineal consanguinity, transfers between spouses from divorce decree or property settlement, transfers to/from a governmental entity, transfers of new construction never occupied, transfers where any dwelling is less than 5% of the property's value, and certain related categories under the current statute. Separately, multi-unit residential and commercial property are outside §5.008's scope from the §5.008(a) definition — they are not §5.008(e) exemptions. Foreclosure-exempt sellers must still comply with the federal lead-based-paint disclosure for pre-1978 housing.

Does the seller have to disclose deaths or HIV/AIDS history on the property?

No, not affirmatively. §5.008(c) provides that a seller and the seller's agent have no duty to disclose deaths from natural causes, suicide, or accidents unrelated to the property's condition, or that a previous occupant had HIV or AIDS. This is the Texas parallel to Florida §689.25. The exemption does not extend to deaths caused by a defect in the property (the defect itself must still be disclosed), and it does not authorize false answers to direct buyer questions.

Is the listing agent liable if the seller lies on the disclosure form?

Generally no. Under Texas law, the seller's real estate agent or broker is not liable for the seller's misrepresentations in the disclosure notice unless the agent has actual knowledge of the misrepresentation and fails to disclose it to the buyer or the buyer's agent. If the agent has actual knowledge — through personal observation, prior conversations with the seller, or other direct evidence — the agent's silence becomes actionable as fraud and as a DTPA violation.

What's the difference between the §5.008 disclosure notice and the §5.016 7-day notice?

Different statutes for different situations. §5.008 is the seller's property-condition disclosure notice required for all single-family residential sales (with eleven exemptions). §5.016 is a separate 7-day pre-closing notice required when residential property will remain encumbered by an existing lien at closing — typical of wraparound mortgages, certain seller-financed transactions, and executory contracts. Both have 7-day buyer remedies but they address different transaction concerns. See our companion guide to Texas seller financing disclosure for the §5.016 framework.

Texas Seller's Disclosure Notice — Property Code §5.008, TREC Form 55-1 (formerly OP-H), and the 11 Exemptions

TL;DR

Texas requires a written Seller's Disclosure Notice for residential property of not more than one dwelling unit, under Texas Property Code §5.008. The notice must be delivered to the buyer on or before the buyer executes the purchase contract. TREC promulgates a standard form — TREC Form 55-1 (effective May 28, 2026; formerly Form 55-0, and before that Form OP-H) — that satisfies the statutory requirement; sellers may use Form 55-1 or any substantially similar written notice containing at minimum all the items prescribed by §5.008(b). The notice covers the condition of fixtures, equipment, structural components, environmental conditions, flood history, and known defects. §5.008 applies only to single-dwelling-unit residential property — multi-unit residential and commercial property are outside §5.008's scope from the §5.008(a) definition itself. Within that scope, §5.008(e) lists eleven categories of exempt transfers, including court-ordered transfers, foreclosure sales (and post-foreclosure REO sales by the foreclosing lender), transfers between co-owners, transfers from a fiduciary in the administration of a decedent's estate, guardianship, conservatorship, or trust, transfers between spouses or close family, transfers from divorce, transfers to or from a governmental entity, and transfers of new construction never occupied. Under §5.008(c), a seller and the seller's agent have no duty to disclose deaths from natural causes, suicide, or accidents unrelated to the property's condition, or that a previous occupant had HIV or AIDS — the Texas parallel to Florida §689.25. If the seller delivers the notice after the contract is signed, §5.008(f) gives the buyer a right to terminate the contract within 7 days of receiving the notice. A real estate agent or broker is not liable for the seller's misrepresentations in the notice unless the agent has actual knowledge of the falsity.

The Source of the Texas Seller's Disclosure Duty

Unlike Florida, where the duty to disclose comes primarily from the Supreme Court's common-law decision in Johnson v. Davis, Texas's residential seller-disclosure duty is statutory. Texas Property Code §5.008 imposes a clear, codified rule: a seller of residential real property "comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section."

The statute does the heavy lifting that case law does in some other states. The duty applies to "residential real property of not more than one dwelling unit," which has been interpreted by Texas courts and TREC commentary to mean single-family homes, including detached homes, townhomes, and individually titled condominium units. Duplexes, triplexes, fourplexes, and other multi-unit residential properties are outside §5.008's scope by statutory definition, though common-law fraud and Texas Deceptive Trade Practices Act ("DTPA") liability can still apply to multi-unit and commercial transactions. For the broader Texas residential disclosure framework that surrounds §5.008 — including HOA, flood, and other statutory disclosures — see our companion guide on Texas real estate property disclosure requirements.

The TREC Seller's Disclosure Notice — currently TREC Form 55-1 (effective May 28, 2026), which replaced Form 55-0 (effective September 2023), which in turn replaced the long-standing Form OP-H — is the standard delivery vehicle for §5.008 compliance. Use of the TREC form is not technically mandated by statute; a seller may use any written notice that is "substantially similar" and contains at minimum all the items listed in §5.008(b). In practice, virtually every residential transaction in Texas uses the current TREC form because (1) it is the form negotiated and reviewed by TREC's Broker-Lawyer Committee, (2) it is automatically incorporated into many TREC promulgated contracts, and (3) it provides a strong defense in subsequent litigation against claims that the disclosure was inadequate. Many practitioners still refer to the form colloquially as "OP-H" — that's the same underlying disclosure obligation, now in its current form.

Timing — When the Notice Must Be Delivered

§5.008(a) requires that the notice be delivered "on or before" the date the purchase contract is executed by the purchaser. The default expectation in a Texas residential transaction is that Form 55-1 is provided during listing presentation and re-delivered with the contract package — so the buyer has the disclosure information before deciding whether to make an offer and certainly before signing the contract.

When timely delivery fails — typically because the seller did not complete Form 55-1 during listing, or the listing agent did not deliver it — §5.008(f) creates a buyer remedy: if the seller delivers the disclosure notice after the contract has been executed, the buyer may terminate the contract within 7 days of receiving the notice. The buyer is entitled to a return of earnest money on termination under this provision. This 7-day window is a key exam-tested deadline and is sometimes confused with the §5.016 7-day notice for properties subject to existing liens (a different rule, discussed elsewhere in this Texas seller financing disclosure article).

What the Disclosure Must Cover

§5.008(b) prescribes the minimum content of the disclosure. The current TREC form (55-1) translates the statutory list into the structured questionnaire that Texas sellers are familiar with. The categories covered include:

Present condition of major systems and fixtures. The seller must indicate whether items are in working condition, have known defects, or are in need of repair. Items include the roof, attic fans, air conditioning, heating, plumbing, electrical, appliances, fences, pool, spa, and many others. Each item is marked Yes (in working condition), No (not in working condition), or Unknown.
Structural defects. The seller must disclose known defects in walls, ceilings, doors, windows, floors, foundation, slab, roof, exterior walls, plumbing, electrical, and other major structural components. "Structural" repairs are defined as repairs to load-bearing portions of the residence.
Environmental hazards and conditions. Knowledge of asbestos, lead-based paint, radon gas, urea-formaldehyde insulation, mold, hazardous or toxic waste, underground storage tanks, and similar conditions. Federal lead-based-paint disclosure obligations (24 CFR Part 35) apply separately and additionally for pre-1978 housing.
Flooding and water damage history. Whether the property is located in a flood zone, whether flood insurance is in place, prior flood damage, and any FEMA or insurance claims relating to flooding. The flood disclosure section of the TREC form has been expanded over time as Texas has experienced large-scale flooding events.
Smoke detector compliance. §5.008(b) requires disclosure of smoke detector status in compliance with Chapter 766 of the Texas Health and Safety Code (which mandates working smoke detectors in one- and two-family dwellings).
Legal and HOA issues. Pending litigation, easements, encroachments, deed restrictions, HOA membership and assessments, and other legal conditions affecting the property.

The form also asks about prior insurance claims, any room additions or alterations made without proper permits, and known previous repairs (especially structural).

The Eleven Exemptions Under §5.008(e)

Before listing the §5.008(e) exemptions, note an important threshold distinction: §5.008 applies only to "residential real property comprising not more than one dwelling unit" — so multi-unit residential property and commercial property are outside §5.008's scope from the §5.008(a) definition itself; they are not §5.008(e) exemptions. Within the scope of §5.008(a), the statute then lists eleven categorical exemptions in §5.008(e). The eleven exempt categories are:

Court-ordered transfers — including divorce, partition, condemnation, and similar judicial proceedings. The court order substitutes for the statutory disclosure.
Transfers by a trustee in bankruptcy.
Transfers to a mortgagee by a deed in lieu of foreclosure and transfers by a sale at a foreclosure, including a subsequent sale by the foreclosing lender who took title at the foreclosure sale. Texas REALTORS® guidance and TREC commentary both confirm foreclosure sales and post-foreclosure REO sales by the foreclosing lender are exempt.
Transfers from one co-owner to one or more other co-owners.
Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust. This is the broad fiduciary-administration exemption that covers executors, administrators, trustees of trusts, and court-appointed fiduciaries managing the property. The classic application: a son selling his deceased mother's home in his capacity as executor of her estate is exempt from §5.008 under this category.
Transfers from one spouse to another or to a person in the lineal line of consanguinity (parent to child, grandparent to grandchild, and so on).
Transfers between spouses resulting from divorce.
Transfers to or from any governmental entity.
Transfers of new residences not previously occupied. New construction never lived in by anyone is exempt — the rationale being that the buyer of a brand-new home receives builder warranties and inspection rights that substitute for the disclosure of prior-occupant knowledge.
Transfers of real property where the value of any dwelling does not exceed 5% of the value of the property. This applies typically to bare land transactions with incidental structures (a barn or shed) whose value is not material to the transaction.
Transfers to or by a mortgagee or beneficiary under a deed of trust following foreclosure, deed in lieu of foreclosure, or sale conducted under a power of sale. (Subsequent REO sales by the foreclosing lender are also covered; subsequent sales by a non-lender purchaser are not.)

An important footnote on foreclosure: Texas Realtors guidance confirms that while foreclosure sales (and subsequent REO sales by the foreclosing lender) are exempt from §5.008 disclosure obligations, federal lead-based-paint disclosure requirements still apply if the property was built before 1978. The federal exemption for foreclosure sales applies only to the foreclosure sale itself; a subsequent sale by the lender or any later purchaser is not exempt from the federal lead-paint rules.

What Sellers Are NOT Required to Disclose — §5.008(c)

§5.008(c) carves out the Texas parallel to Florida §689.25. It provides that a seller and the seller's agent have no duty to disclose, and are not liable for failing to disclose:

Whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property.
Whether a previous occupant had, may have had, has, or may have AIDS, HIV-related illness, or HIV infection.

The exemption is narrower than it may first appear. A death related to the condition of the property — for example, a fire caused by a defective wiring system that the seller knew about and never disclosed, or a carbon-monoxide death caused by a defective gas appliance — is not within the §5.008(c) carve-out. The defect that caused the death is itself a material condition that must be disclosed, even if the death itself is not. And as with Florida's parallel statute, §5.008(c) eliminates the affirmative duty to volunteer the information but does not authorize false answers to direct buyer questions.

The exemption also protects the real estate agent: the seller's agent and the seller's broker are explicitly within the scope of the §5.008(c) carve-out. This means a listing agent does not need to volunteer death or HIV/AIDS history about the property even if the agent is aware of it.

Agent Liability — When the Broker Is on the Hook

A core Texas-exam-tested principle is the limited liability of the real estate agent for misrepresentations in the seller's disclosure notice. Texas law and case authority hold that a seller's real estate agent or broker is generally not liable for misrepresentations made by the seller in the disclosure form — unless the agent has actual knowledge of the misrepresentation and fails to bring it to the buyer or the buyer's agent's attention.

This protection has limits. If the agent has personal knowledge of the falsity, the agent's silence becomes actionable as fraud or negligent misrepresentation, and the agent is independently liable under both common law and the DTPA. The classic fact pattern: a listing agent shows up to a listing presentation, observes water stains on the ceiling and missing baseboards consistent with prior flooding, and watches the seller mark "no" on the flood-history section of Form 55-1. The agent's silence in that scenario removes the §5.008 protection. The agent now has actual knowledge and a duty to disclose to any buyer or buyer's agent. For the broader licensee supervision framework that backs these obligations, see our guide to TREC broker supervision under 22 TAC Ch. 535.

Consequences of Nondisclosure

A seller who fails to deliver the §5.008 notice when required, or who delivers a notice containing material misrepresentations, faces three distinct legal exposures:

Contract remedies under §5.008(f). If the notice is delivered late, the buyer has the 7-day termination right.
Common-law fraud and negligent misrepresentation. Under Texas tort law, a buyer who relied on the seller's representations (or the seller's silence in the face of a duty to speak) may recover damages, including the cost of repair, the diminution in value, and consequential damages.
Texas Deceptive Trade Practices Act (DTPA) claims. Many seller-disclosure misrepresentations are also actionable under the DTPA, which may allow attorney's fees and, in knowing or intentional cases, enhanced damages. The combination of DTPA exposure and common-law fraud is why Texas seller-disclosure litigation is taken seriously by both sides.

FAQ

What is the Texas Seller's Disclosure Notice?: A written notice required by Texas Property Code §5.008 for sales of residential real property comprising not more than one dwelling unit. The notice must be delivered to the buyer on or before the buyer executes the purchase contract. TREC promulgates Form 55-1 (effective May 28, 2026; previously Form 55-0 from 2023, and before that the long-standing Form OP-H), which satisfies the statutory requirement and is used in virtually every Texas residential transaction. Sellers may use Form 55-1 or any substantially similar written notice containing all the items prescribed by §5.008(b).
What happens if the seller delivers the notice after the contract is signed?: Under §5.008(f), if the seller delivers the disclosure notice after the contract has been executed, the buyer has the right to terminate the contract within 7 days of receiving the notice. The buyer is entitled to a return of earnest money. The notice itself remains effective and disclosure is still made — the §5.008(f) remedy is the buyer's right to walk away because the timing rule was missed.
What are the exemptions to the Texas Seller's Disclosure Notice requirement?: §5.008(e) lists eleven exemption categories within the scope of §5.008: court-ordered transfers, bankruptcy trustee transfers, transfers to/by a mortgagee or deed-of-trust beneficiary through foreclosure or deed in lieu, transfers between co-owners, transfers by a fiduciary in the administration of a decedent's estate, guardianship, conservatorship, or trust, transfers to a spouse or person in lineal consanguinity, transfers between spouses from divorce decree or property settlement, transfers to/from a governmental entity, transfers of new construction never occupied, transfers where any dwelling is less than 5% of the property's value, and certain related categories under the current statute. Separately, multi-unit residential and commercial property are outside §5.008's scope from the §5.008(a) definition — they are not §5.008(e) exemptions. Foreclosure-exempt sellers must still comply with the federal lead-based-paint disclosure for pre-1978 housing.
Does the seller have to disclose deaths or HIV/AIDS history on the property?: No, not affirmatively. §5.008(c) provides that a seller and the seller's agent have no duty to disclose deaths from natural causes, suicide, or accidents unrelated to the property's condition, or that a previous occupant had HIV or AIDS. This is the Texas parallel to Florida §689.25. The exemption does not extend to deaths caused by a defect in the property (the defect itself must still be disclosed), and it does not authorize false answers to direct buyer questions.
Is the listing agent liable if the seller lies on the disclosure form?: Generally no. Under Texas law, the seller's real estate agent or broker is not liable for the seller's misrepresentations in the disclosure notice unless the agent has actual knowledge of the misrepresentation and fails to disclose it to the buyer or the buyer's agent. If the agent has actual knowledge — through personal observation, prior conversations with the seller, or other direct evidence — the agent's silence becomes actionable as fraud and as a DTPA violation.
What's the difference between the §5.008 disclosure notice and the §5.016 7-day notice?: Different statutes for different situations. §5.008 is the seller's property-condition disclosure notice required for all single-family residential sales (with eleven exemptions). §5.016 is a separate 7-day pre-closing notice required when residential property will remain encumbered by an existing lien at closing — typical of wraparound mortgages, certain seller-financed transactions, and executory contracts. Both have 7-day buyer remedies but they address different transaction concerns. See our companion guide to Texas seller financing disclosure for the §5.016 framework.

Bottom Line

Texas's seller-disclosure duty is statutory, not common-law: §5.008 of the Texas Property Code requires a written Seller's Disclosure Notice for residential real property of not more than one dwelling unit, delivered to the buyer on or before contract execution. TREC Form 55-1 (formerly Form 55-0 and, before that, Form OP-H) is the standard delivery vehicle and is used in virtually every transaction. §5.008 applies only to single-dwelling-unit residential property; multi-unit and commercial property are outside scope. Within scope, §5.008(e) lists eleven exempt categories — most notably foreclosure sales and post-foreclosure REO sales, court-ordered transfers, fiduciary administration of decedent estates, guardianships, conservatorships, and trusts, transfers between close family members, and new construction never occupied. §5.008(c) — Texas's parallel to Florida §689.25 — relieves the seller and the seller's agent of any duty to disclose deaths unrelated to property condition or prior occupants' HIV/AIDS status, but does not authorize false answers to direct questions. Late delivery triggers a 7-day buyer termination right under §5.008(f). The seller's agent is not liable for the seller's misrepresentations unless the agent has actual knowledge of the falsity. For the parallel Florida disclosure framework — including the Johnson v. Davis common-law standard and Florida's §689.25 stigmatized-property carve-out — see our Florida seller property disclosure guide.

Source: Texas Property Code §5.008 — Seller's Disclosure of Property Condition · TREC Form 55-1 (formerly OP-H) — Seller's Disclosure Notice · Texas REALTORS® — Disclosure Requirements Legal FAQ