Tex. Prop. Code Section 5.008
Seller’s Disclosure of Property Condition


(a)

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 which contains, at a minimum, all of the items in the notice prescribed by this section.

(b)

The notice must be executed and must, at a minimum, read substantially similar to the following:
CONCERNING THE PROPERTY AT ___________________________________

(Street Address and City)

Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).
Roof Type: ________________________________ Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Does the property have working smoke detectors installed in accordance with the smoke detector requirements of Chapter 766 (Fire Safety in Residential Dwellings), Health and Safety Code?* __ Yes __ No __ Unknown.
*Chapter 766 (Fire Safety in Residential Dwellings) of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements. If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information. A buyer may require a seller to install smoke detectors for the hearing impaired if: (1) the buyer or a member of the buyer’s family who will reside in the dwelling is hearing impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation. The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.
3. Are you (Seller) aware of any known defects/malfunctions in any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Other Structural Components (Describe):_______________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):________________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):________________________________
________________________________________________________________
________________________________________________________________
*A single blockable main drain may cause a suction entrapment hazard for an individual.
5. Are you (Seller) aware of any item, equipment, or system in or on the property that is in need of repair? __ Yes (if you are aware) __ No (if you are not aware). If yes, explain (attach additional sheets as necessary). _________________________________
6. Are you (Seller) aware of any of the following conditions?* Write Yes (Y) if you are aware, write No (N) if you are not aware.
__ Present flood insurance coverage
__ Previous flooding due to a failure or breach of a reservoir or a controlled or emergency release of water from a reservoir
__ Previous water penetration into a structure on the property due to a natural flood event
Write Yes (Y) if you are aware and check wholly or partly as applicable, write No (N) if you are not aware.
__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)
__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate Flood Hazard Area-Zone X (shaded))
__ Located ( ) wholly ( ) partly in a floodway
__ Located ( ) wholly ( ) partly in a flood pool
__ Located ( ) wholly ( ) partly in a reservoir
* For purposes of this notice:
“100-year floodplain” means any area of land that:

(A)

is identified on the flood insurance rate map as a special flood hazard area, which is designated as Zone A, V, A99, AE, AO, AH, VE, or AR on the map;

(B)

has a one percent annual chance of flooding, which is considered to be a high risk of flooding; and

(C)

may include a regulatory floodway, flood pool, or reservoir.
“500-year floodplain” means any area of land that:

(A)

is identified on the flood insurance rate map as a moderate flood hazard area, which is designated on the map as Zone X (shaded); and

(B)

has a two-tenths of one percent annual chance of flooding, which is considered to be a moderate risk of flooding.
“Flood pool” means the area adjacent to a reservoir that lies above the normal maximum operating level of the reservoir and that is subject to controlled inundation under the management of the United States Army Corps of Engineers.
“Flood insurance rate map” means the most recent flood hazard map published by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).
“Floodway” means an area that is identified on the flood insurance rate map as a regulatory floodway, which includes the channel of a river or other watercourse and the adjacent land areas that must be reserved for the discharge of a base flood, also referred to as a 100-year flood, without cumulatively increasing the water surface elevation more than a designated height.
“Reservoir” means a water impoundment project operated by the United States Army Corps of Engineers that is intended to retain water or delay the runoff of water in a designated surface area of land.
*Homes in high risk flood zones with mortgages from federally regulated or insured lenders are required to have flood insurance. Even when not required, the Federal Emergency Management Agency (FEMA) encourages homeowners in high risk, moderate risk, and low risk flood zones to purchase flood insurance that covers the structure(s) and the personal property within the structure(s).
9. Are you (Seller) aware of any of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.
If the answer to any of the above is yes, explain. (Attach additional sheets if necessary): ______________________________
________________________________________________________________
________________________________________________________________
10. If the property is located in a coastal area that is seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the property may be subject to the Open Beaches Act or the Dune Protection Act (Chapter 61 (Use and Maintenance of Public Beaches) or 63 (Dunes), Natural Resources Code, respectively) and a beachfront construction certificate or dune protection permit may be required for repairs or improvements. Contact the local government with ordinance authority over construction adjacent to public beaches for more information.
11. This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the Internet website of the military installation and of the county and any municipality in which the military installation is located.
_______________ ________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the foregoing notice.
_______________ ________________________________________
Date Signature of Purchaser

(c)

A seller or seller’s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.

(d)

The notice shall be completed to the best of seller’s belief and knowledge as of the date the notice is completed and signed by the seller. If the information required by the notice is unknown to the seller, the seller shall indicate that fact on the notice, and by that act is in compliance with this section.

(e)

This section does not apply to a transfer:

(1)

pursuant to a court order or foreclosure sale;

(2)

by a trustee in bankruptcy;

(3)

to a mortgagee by a mortgagor or successor in interest, or to a beneficiary of a deed of trust by a trustor or successor in interest;

(4)

by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure;

(5)

by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust;

(6)

from one co-owner to one or more other co-owners;

(7)

made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors;

(8)

between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;

(9)

to or from any governmental entity;

(10)

of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes; or

(11)

of real property where the value of any dwelling does not exceed five percent of the value of the property.

(f)

The notice shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property. If a contract is entered without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice.

(g)

In this section:

(1)

“Blockable main drain” means a main drain of any size and shape that a human body can sufficiently block to create a suction entrapment hazard.

(2)

“Main drain” means a submerged suction outlet typically located at the bottom of a swimming pool or spa to conduct water to a recirculating pump.
Added by Acts 1993, 73rd Leg., ch. 356, Sec. 1, eff. Jan. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 17.001, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 448 (H.B. 271), Sec. 1, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 11, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 22, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.001, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1178 (H.B. 3502), Sec. 1, eff. January 1, 2010.
Acts 2011, 82nd Leg., R.S., Ch. 578 (H.B. 3389), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 621 (S.B. 710), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 6, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 524 (H.B. 1221), Sec. 1, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 35 (H.B. 890), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1307 (H.B. 3815), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1337 (S.B. 339), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 390 (H.B. 697), Sec. 1, eff. September 1, 2023.

Source: Section 5.008 — Seller's Disclosure of Property Condition, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­5.­htm#5.­008 (accessed Feb. 24, 2024).

5.001
Fee Simple
5.002
Failing as a Conveyance
5.003
Partial Conveyance
5.004
Conveyance by Authorized Officer
5.005
Aliens
5.006
Attorney’s Fees in Breach of Restrictive Covenant Action
5.007
Vendor and Purchaser Risk Act
5.008
Seller’s Disclosure of Property Condition
5.009
Duties of Life Tenant
5.010
Notice of Additional Tax Liability
5.011
Seller’s Disclosure Regarding Potential Annexation
5.012
Notice of Obligations Related to Membership in Property Owners’ Association
5.013
Seller’s Disclosure of Location of Conditions Under Surface of Unimproved Real Property
5.014
Notice of Obligations Related to Public Improvement District
5.015
Prohibited Fees
5.016
Conveyance of Residential Property Encumbered by Lien
5.019
Notice of Water Level Fluctuations
5.020
Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited
5.021
Instrument of Conveyance
5.022
Form
5.023
Implied Covenants
5.024
Encumbrances
5.025
Wood Shingle Roof
5.026
Discriminatory Provisions
5.027
Correction Instruments: Generally
5.028
Correction Instruments: Nonmaterial Corrections
5.029
Correction Instruments: Material Corrections
5.030
Correction Instrument: Effect
5.041
Future Estates
5.042
Abolition of Common-law Rules
5.043
Reformation of Interests Violating Rule Against Perpetuities
5.061
Definition
5.062
Applicability
5.063
Notice
5.064
Seller’s Remedies on Default
5.065
Right to Cure Default
5.066
Equity Protection
5.067
Placement of Lien for Utility Service
5.068
Foreign Language Requirement
5.069
Seller’s Disclosure of Property Condition
5.070
Seller’s Disclosure of Tax Payments and Insurance Coverage
5.071
Seller’s Disclosure of Financing Terms
5.072
Oral Agreements Prohibited
5.073
Contract Terms, Certain Waivers Prohibited
5.074
Purchaser’s Right to Cancel Contract Without Cause
5.076
Recording Requirements
5.077
Annual Accounting Statement
5.078
Disposition of Insurance Proceeds
5.079
Title Transfer
5.080
Liability for Disclosures
5.081
Right to Convert Contract
5.082
Request for Balance and Trustee
5.083
Right to Cancel Contract for Improper Platting
5.084
Right to Deduct
5.085
Fee Simple Title Required
5.087
Additional Provisions: Certain Counties
5.0141
Notice Required Before Contract Execution
5.0142
Purchaser Signature Required
5.0143
Recording of Notice at Closing
5.0144
Reliance on Filed Service Plan
5.0145
Suits for Damages
5.151
Disclosure in Offer to Purchase Mineral Interest
5.152
Certain Purchases of Mineral or Royalty Interests Void
5.201
Definitions
5.202
Certain Private Transfer Fee Obligations Void
5.203
Notice Requirements for Continuation of Existing Private Transfer Fee Obligations
5.204
Additional Compliance Requirement: Timely Acceptance of Fees Paid Under Existing Private Transfer Fee Obligations
5.0205
Equitable Interest Disclosure
5.205
Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale
5.206
Waiver Void
5.207
Injunctive or Declaratory Relief
5.0261
Removal of Discriminatory Provision from Recorded Conveyance Instrument
5.0621
Construction with Other Law
5.0622
Additional Applicability: Certain Counties

Accessed:
Feb. 24, 2024

§ 5.008’s source at texas​.gov