The Seller’s Disclosure Notice is one of the most important documents you’ll review during a Texas real estate purchase. It’s a legally required form that tells you everything the seller knows about the condition of the property.
When I represent buyers in North Texas—Frisco, Prosper, McKinney, Plano, Celina, Little Elm, and surrounding areas—I review this document carefully before inspections so we know exactly what to expect.
Here’s what the Disclosure includes, why it matters, and the red flags I look for every time.
1. What Is the Seller’s Disclosure Notice?
It’s a legally required form (except in certain exemptions) that the seller completes to reveal:
✔️ Known defects
✔️ Past repairs
✔️ System ages
✔️ Structural issues
✔️ Water damage
✔️ Roof history
✔️ Foundation movement
✔️ Electrical or HVAC concerns
✔️ Insurance claims
✔️ Environmental hazards
✔️ HOA details
✔️ Appliances and features included
It’s meant to give you a snapshot of the home’s history and condition from the seller’s perspective.
2. Texas Law Requires Honest Disclosure—But Only to the Seller’s Knowledge
This is important:
✔️ Sellers must disclose everything they know
✔️ They do NOT have to investigate or inspect
✔️ They are NOT liable for unknown issues
✔️ They must answer truthfully, not guess
The Disclosure protects buyers, but it’s not a substitute for a full inspection.
3. When Is a Seller Exempt From Providing the Disclosure?
Some sellers are not required to provide the form:
✔️ New construction (builder homes)
✔️ Estate sales
✔️ Foreclosures
✔️ Certain fiduciaries (trustees, executors)
✔️ Transfers between family members
I always tell buyers when an exemption applies and how it affects risk.
4. Key Sections I Review Carefully With Buyers
Here’s what I pay attention to as soon as we receive the Disclosure:
A) Structural & Foundation Information
Foundation issues are common in North Texas because of expansive clay soil.
I look for:
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Past foundation repairs
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Cracks
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Doors sticking
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Prior evaluations
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Drainage issues
If anything is noted, I advise whether we need a structural engineer during the Option Period.
B) Roof Age & Repairs
Roofs are major expenses in Texas because of hail.
I check:
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Roof age
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Previous replacements
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Insurance claims
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Known leaks
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Patchwork repairs
A roof older than ~10–12 years often requires negotiation.
C) HVAC Age & Condition
In Texas, HVAC systems work overtime.
I look for:
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System age
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Past repairs
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Cooling performance
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Recent service
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Replaced components
A system older than 12–15 years is approaching end-of-life.
D) Plumbing & Electrical Systems
I look for:
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Type of plumbing
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Type of electrical panel
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Past leaks
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GFCI updates
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Sewer line issues
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Polybutylene (rare but important to catch)
Some older neighborhoods in North Texas have outdated panels.
E) Water Intrusion History
Red flags include:
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“Previous water penetration”
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“Flooding”
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“Drainage issues”
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“Roof leaks”
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“Foundation leaks”
If any boxes are marked yes, we dig deeper during inspections.
F) Appliances & Systems Included
The Disclosure identifies:
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Water heater age
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Pool equipment
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Sprinkler systems
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Garage door openers
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Built-in appliances
This helps prevent surprises about what is and isn’t staying with the property.
G) HOA Information
This section confirms:
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HOA existence
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Transfer fees
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Dues
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Management company
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Restrictions
I help buyers understand whether the HOA aligns with their lifestyle.
H) Environmental or Safety Concerns
I look for anything related to:
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Asbestos
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Mold
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Radon
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Lead paint
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Termites
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Previous pest issues
These are uncommon but important to review.
5. Why Reviewing the Disclosure Early Matters
I want buyers to see the Disclosure before we do inspections.
This helps us:
✔️ Know where to focus the inspector
✔️ Anticipate repair negotiations
✔️ Identify possible survey issues
✔️ Catch discrepancies
✔️ Avoid surprises
✔️ Decide whether the property is worth moving forward on
A good Disclosure sets proper expectations.
6. What Happens If the Seller Fails to Disclose an Issue?
Texas law is clear:
A seller can be held responsible for intentionally hiding known defects.
If something feels off, I help buyers:
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Document issues
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Request records
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Ask specific questions
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Flag inconsistencies
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Use the Option Period to investigate
You’re never navigating this alone.
7. The Seller’s Disclosure Isn’t a Substitute for Inspections
Even with a perfect Disclosure, I always advise:
✔️ A full general inspection
✔️ HVAC inspection
✔️ Roof inspection
✔️ Foundation opinion (if needed)
✔️ Sewer scope (older homes)
✔️ Termite/WDI inspection
Inspections uncover what sellers may not know—or may not remember.
Bottom Line: The Seller’s Disclosure Is One of Your First Big Clues
It tells you what the seller knows…
and it tells me where to dig deeper on your behalf.
Used correctly, the Disclosure helps prevent surprises and strengthens your negotiation position.
Want a Realtor Who Knows How to Analyze Every Detail?
If you want someone who catches red flags early and protects you through every step of a Texas transaction, I’d love to help.
