Texas Property Code

§ 5.008 — SELLER'S DISCLOSURE OF PROPERTY CONDITION

PR § 5.008Title 2. CONVEYANCES · Ch. 5. CONVEYANCES · Art. A. GENERAL PROVISIONS

Statute text

(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: SELLER'S DISCLOSURE NOTICE CONCERNING THE PROPERTY AT ___________________________________ (Street Address and City) THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. 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). __ Range__ Oven__ Microwave__ Dishwasher__ Trash Compactor__ Disposal__ Washer/Dryer__ Window__ Rain Gutters Hookups Screens__ Security__ Fire Detection__ Intercom System Equipment System__ Smoke Detector__ Smoke Detector - Hearing Impaired__ Carbon Monoxide Alarm__ Emergency Escape Ladder(s)__ TV Antenna__ Cable TV__ Satellite Wiring Dish__ Ceiling Fan(s)__ Attic Fan(s)__ Exhaust Fan(s)__ Central A/C__ Central Heating__ Wall/Window Air Conditioning__ Plumbing System__ Septic System__ Public Sewer System__ Patio/Decking__ Outdoor Grill__ Fences__ Pool__ Sauna__ Spa__ Hot Tub__ Pool Equipment__ Pool Heater__ Automatic Lawn Sprinkler System__ Fireplace(s) &__ Fireplace(s) & Chimney Chimney (Woodburning) (Mock)__ Natural Gas Lines__ Gas Fixtures__ Liquid Propane Gas:__ LP Community__ LP on Property (Captive)__ Fuel Gas Piping:__ Black Iron Pipe__ Corrugated__ Copper Stainless Steel TubingGarage: __ Attached__ Not Attached__ CarportGarage Door Opener(s):__ Electronic__ Control(s)Water Heater:__ Gas__ ElectricWater Supply: __ City__ Well __ MUD__ Co-opRoof 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, Health and Safety Code?* __ Yes __ No __ Unknown. If the answer to the question above is no or unknown, explain. (Attach additional sheets if necessary):*Chapter 766 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. __ Interior Walls__ Ceilings__ Floors__ Exterior Walls__ Doors__ Windows__ Roof__ Foundation/__ Basement Slab(s)__ Walls/Fences__ Driveways__ Sidewalks__ Plumbing/Sewers/__ Electrical__ Lighting Septics Systems Fixtures__ 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. __ Active Termites__ Previous Structural (includes or Roof Repair wood-destroying insects)__ Termite or Wood Rot Damage__ Hazardous or Toxic Waste Needing Repair__ Previous Termite Damage__ Asbestos Components__ Previous Termite__ Urea formaldehyde Treatment Insulation__ Radon Gas__ Improper Drainage__ Lead Based Paint__ Water Damage Not Due to a__ Aluminum Wiring Flood Event__ Previous Fires__ Unplatted Easements__ Landfill, Settling, Soil__ Subsurface Movement, Fault Lines Structure or Pits__ Single Blockable Main__ Previous Use of Premises Drain in Pool/Hot for Manufacture of Tub/Spa* MethamphetamineIf 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 If the answer to any of the above is yes, explain (attach additional sheets as necessary): * For purposes of this notice: "100-year floodplain" means any area of land that:

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Legislative history

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.