TEXAS REAL ESTATE FORMS AND DISCLOSURE GUIDE

This Texas Real Estate Forms and Disclosure Guide provides a comprehensive checklist and explanation of the primary disclosure and agency forms required or recommended in Texas residential real estate transactions. It is designed for use by buyers, sellers, and agents to ensure compliance with Texas Property Code, TREC rules, and federal requirements.

All user-provided information is shown in [[Token Name]] format. Statutory requirements, timelines, and standard practices are stated in full.

Transaction Type: [[Transaction Type]]

Property Type: [[Property Type]]

Role: [[Role (Buyer/Seller/Agent)]]

Property Address: [[Property Address]]

Seller Name(s): [[Seller Name]]

Agent Name: [[Agent Name]]

Brokerage Name: [[Brokerage Name]]

Date of This Guide / Disclosure: [[Disclosure Date]]

1. Seller's Disclosure Notice, Texas Property Code §5.008

Governing Statute: Texas Property Code § 5.008

Applicability: Required for most sales of residential real property consisting of not more than one dwelling unit. Exemptions include:

• Foreclosure sales or transfers by a trustee under a deed of trust

• Transfers by a fiduciary in the administration of an estate or guardianship

• Transfers to or from a governmental entity

• New construction sales by a builder to the initial purchaser in certain cases

• Other limited statutory exemptions

Required Content: The Seller's Disclosure Notice must be completed by the seller(s) and must disclose known material facts and defects, including but not limited to:

• Structural or foundation defects or repairs

• Roof, plumbing, electrical, HVAC, or appliance issues

• Previous flooding, water penetration, or mold

• Termite or wood-destroying insect damage or treatment

• Any lawsuits or disputes affecting the property

• HOA or subdivision violations or special assessments

• Prior insurance claims or repairs

• Presence of hazardous materials or conditions

Delivery: There is no statutory minimum number of days before contract execution, but the disclosure must be delivered to the buyer and acknowledged before or at the time the buyer signs the purchase contract in most transactions. Best practice is delivery as early as possible.

Buyer's Right to Terminate: If the Seller's Disclosure Notice is not delivered before the buyer signs the purchase contract, the buyer has the right to terminate the contract within 7 days after receiving the disclosure.

Continuing Duty: Seller has a duty to update the disclosure if new material information becomes known before closing.

2. Information About Brokerage Services (IABS), TREC Requirement

Governing Rule: TREC requires that the Information About Brokerage Services form (IABS) be provided to a party at the first substantive communication with that party.

Purpose: The IABS explains the different types of agency relationships (seller's agent, buyer's agent, intermediary) and the duties owed by the broker and agents.

When Required: At the first substantive conversation or meeting regarding a specific property, whether in person, by phone, email, or text.

Who Provides: The broker or agent representing or working with the party.

Acknowledgment: The party should sign or initial the IABS to document receipt.

Brokerage Name: [[Brokerage Name]]

Agent Providing IABS: [[Agent Name]]

Date IABS Provided: [[Disclosure Date]]

3. Lead-Based Paint Disclosure (Federal + State)

Governing Law: Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d) and implementing regulations; also referenced in Texas disclosures.

Applicability: Any residential dwelling built before January 1, 1978.

Required Disclosures:

• Seller must disclose all known lead-based paint and lead-based paint hazards

• Seller must provide the EPA pamphlet "Protect Your Family From Lead in Your Home"

• Buyer must be given the opportunity (typically 10 days) to conduct a lead-based paint inspection or risk assessment, which may be waived in writing

The lead-based paint disclosure and pamphlet delivery requirements apply even if a TREC Seller's Disclosure Notice is also used.

Property Built Before 1978: [[Yes / No]]

4. Additional Common Texas Disclosures and Notices

Depending on the transaction and property, the following may be required or customary:

• Property condition disclosure updates or amendments

• Flood zone or flood insurance disclosure (Texas Property Code § 5.008 and local requirements; many areas now require specific flood disclosure)

• HOA / condominium resale certificate and governing documents

• Survey (new or existing)

• Title commitment and exception documents

• Appraisal (if financing)

• Home warranty information (if offered)

• Megan's Law / sex offender database notice (often included in Seller's Disclosure or as separate)

• Death on the property disclosure (if known and material)

• Previous repairs or insurance claims

• Septic system or well disclosures (if applicable)

• Pool / spa safety compliance (if applicable)

5. Agency Relationships and Brokerage Duties

Texas recognizes several brokerage models:

• Seller's Agent / Listing Agent: Represents the seller exclusively

• Buyer's Agent: Represents the buyer exclusively

• Intermediary / Dual Agency: Broker may act as intermediary with written consent of both parties; appointments of different agents to each side may be used

The IABS must be provided before any representation discussion or contract.

Role-Specific Obligations

If Role is Seller or Seller's Agent:

• Complete and deliver accurate Seller's Disclosure Notice

• Provide IABS at first substantive contact

• Disclose all known material defects

• Comply with TREC advertising and contract rules

If Role is Buyer or Buyer's Agent:

• Review all disclosures promptly

• Exercise termination rights within deadlines (e.g., 7 days after late disclosure)

• Request additional inspections or documents as needed

• Deliver timely written notices for contingencies and option termination

If Role is Agent / Broker:

• Provide IABS at first substantive communication

• Use promulgated TREC forms where required

• Document delivery and receipt of all required disclosures

• Advise clients of statutory time periods and rights

6. Exemptions from Disclosure Requirements

Certain transfers are exempt from the Seller's Disclosure Notice under §5.008, including:

• Court-ordered transfers (probate, guardianship, bankruptcy)

• Foreclosure or deed-in-lieu transfers

• Transfers between co-owners or to a spouse or heir

• Transfers of newly constructed homes to the first buyer under limited circumstances

Even in exempt transactions, best practice and federal rules (lead paint) may still require certain disclosures.

Transaction Exempt from Seller Disclosure: [[Yes / No, explain if yes]]

7. Best Practices for Compliance

• Deliver the Seller's Disclosure Notice as early as possible in the transaction

• Use the current version of the TREC Seller's Disclosure form or a substantially equivalent form that meets §5.008

• Retain signed acknowledgments of receipt for all disclosures (IABS, lead paint, Seller's Disclosure)

• Update disclosures if new material facts arise before closing

• For pre-1978 homes, always include the lead-based paint addendum and pamphlet

• Agents should maintain records of when and how disclosures were delivered

8. Signature and Acknowledgment of Receipt

By signing below, the parties and/or agents acknowledge that they have received, reviewed, or provided the disclosures referenced in this guide as of the Disclosure Date.

SELLER

Signature: ____________________________ Date: [[Disclosure Date]]

Printed Name: [[Seller Name]]

BUYER (if applicable)

Signature: ____________________________ Date: [[Disclosure Date]]

Printed Name: [[Buyer Name or N/A]]

AGENT / BROKER

Agent Signature: ____________________________ Date: [[Disclosure Date]]

Printed Name: [[Agent Name]]

Brokerage: [[Brokerage Name]], -

*Sample template, not professional legal advice. This guide summarizes key Texas disclosure obligations under Texas Property Code §5.008, TREC rules for the IABS form, and federal lead-based paint requirements. Actual forms and obligations may vary; always use current official TREC or statutory forms and consult a licensed Texas real estate attorney or broker. Information current as of June 2026.*