The Form That Comes With The House
Prop. Code 5.008 — the seller's disclosure notice, and seven days to walk away when it comes late
In Texas, a seller of residential real property of not more than one dwelling unit gives the purchaser a written seller's disclosure notice in the form the statute prescribes, or one substantially similar with at least the same items. It is a disclosure of the seller's knowledge, not a warranty.
Late notice. The notice is delivered on or before the effective date of a contract binding the purchaser to buy. If the contract is entered without it, the purchaser may terminate the contract for any reason within seven days after receiving the notice.
Unknown is an answer. The notice is completed to the best of the seller's belief and knowledge; where the seller does not know, saying so complies with the section.
No duty to disclose. A seller or seller's agent has no duty to disclose whether a death by natural causes, suicide, or an accident unrelated to the property's condition occurred there, or whether a previous occupant had AIDS, HIV related illnesses or HIV infection.
Transfers it does not cover include court ordered and foreclosure sales, transfers between co-owners, to a spouse or a lineal relative, in a divorce, to or from a government, and a new home never occupied.
Fraud and misrepresentation claims outside the disclosure law are not on this page. Whether a particular defect had to be disclosed, and what a buyer or seller can recover, are questions for a licensed Texas attorney.
Sources for this section (1)
- Prop. Code 5.008 — Seller's disclosure of property condition
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.