Texas Seller's Disclosure Explained
What El Paso homeowners need to know about the TREC Seller's Disclosure Notice — what to disclose, common pitfalls, and how to protect yourself.
Get Expert GuidanceThe Basics
What is the TREC Seller's Disclosure?
The Seller's Disclosure Notice is a legal document required by Texas Property Code Section 5.008. It requires home sellers to disclose known material defects and conditions of the property to potential buyers before closing.
The standard TREC form covers the condition of the structure, roof, foundation, plumbing, electrical, HVAC, and any known environmental hazards. It is not meant to be a home inspection — it is the seller's honest account of what they know about the property.
Completing it honestly is your best legal protection. Courts consistently side with buyers when sellers fail to disclose known issues. A thorough, truthful disclosure significantly reduces your risk of post-closing lawsuits.
What to Disclose
Key sections of the form
Property Condition
The form asks about the condition of the roof, walls, fences, driveways, sidewalks, and foundation. You must disclose any known defects, repairs, or damage — even if the issue has been fixed. Honesty here protects you legally.
Water & Sewer Systems
Disclose the water supply source (city or well), any known plumbing issues, water heater age, and sewer or septic system status. In El Paso, hard water buildup is common and can affect pipes and fixtures over time.
Structural & Mechanical Systems
This covers the HVAC system, electrical system, plumbing, and appliances that convey with the home. You must disclose known issues with heating, cooling, wiring, and any major appliance malfunctions.
Environmental Hazards
Lead-based paint (homes built before 1978), asbestos, radon, mold, and hazardous waste must be disclosed. El Paso homes built in the 1960s and 1970s may have lead paint or asbestos insulation that requires disclosure.
Flood & Insurance Claims
Disclose whether the property is in a flood zone, has flooded previously, or has had insurance claims for fire, flood, hail, or other damage. El Paso experiences flash flooding in certain areas, and recent hail storms have caused widespread roof damage.
HOA & Legal Issues
If the property is in an HOA, you must disclose the name of the association, fees, and any pending violations or lawsuits. You also must disclose any easements, encroachments, or boundary disputes.
El Paso Specific
Common disclosure issues in El Paso
Foundation Movement
El Paso's expansive clay soils cause foundations to shift, crack, and settle. Pier repairs, mudjacking, or drainage corrections are common fixes. Any past or present foundation work must be disclosed on the TREC form.
Roof & Hail Damage
Severe hailstorms hit El Paso every few years. If you have filed an insurance claim for roof damage — even if repairs were completed — you must disclose it. Buyers and their inspectors will look closely at roof age and condition.
HVAC & Swamp Coolers
El Paso homes may have refrigerated air, evaporative coolers (swamp coolers), or both. Disclose the type of system, its age, and any known issues. Swamp coolers require more maintenance and may not cool effectively during monsoon humidity.
Hard Water & Plumbing
El Paso water is among the hardest in the country. Mineral buildup can damage water heaters, reduce pipe flow, and leave deposits on fixtures. Disclose any known plumbing repairs related to hard water damage.
Legal Risks
What happens if you do not disclose?
The buyer can sue for damages after closing if they discover an undisclosed defect you knew about.
TREC can take disciplinary action against your real estate license (if you hold one) or your agent's license.
Courts can rescind (void) the entire transaction, forcing you to refund the purchase price.
You may be liable for the buyer's repair costs, legal fees, and even punitive damages in extreme cases.
FAQ
Disclosure questions
Am I required to fill out a seller's disclosure in Texas?
In most cases, yes. Texas Property Code Section 5.008 requires sellers of residential property to provide a written disclosure. Exceptions include foreclosure sales, court-ordered sales, transfers between family members, and new construction sold by a builder. If you are selling your primary residence, you almost certainly need to complete the form.
What if I genuinely do not know about a problem?
The TREC disclosure form has three options for each item: yes, no, and unknown. You are only required to disclose what you actually know. However, marking everything as 'unknown' raises red flags for buyers and their agents. Be honest and thorough — it protects you more than it hurts you.
Can the buyer back out based on the disclosure?
Yes. If the buyer receives the disclosure and finds something unacceptable, they can terminate the contract during the option period and receive their earnest money back (minus the option fee). This is another reason honest disclosure actually helps — it prevents deals from falling apart at the last minute.
Does ProGen help me fill out the disclosure form?
Absolutely. As your listing broker, Josue R. Jimenez will walk you through every section of the TREC Seller's Disclosure Notice, explain what needs to be disclosed, and help you complete the form accurately. Proper disclosure protects you from legal liability after closing.
Sell With Confidence
Navigate disclosures the right way.
ProGen Real Estate walks you through every section of the TREC disclosure form so you are protected — legally and financially.
Get Started TodayProGen Real Estate — Josue R. Jimenez, Licensed Texas Broker — TREC #619091 — (915) 691-1082