FSBO Texas Disclosure Requirements Checklist: Everything You Need in 2026
$15,000—that’s the average amount Texas sellers save by avoiding a 5‑6% agent commission in 2026. The only thing standing between that cash and a smooth sale is a complete set of disclosures. Missing a single form can stall escrow, cost you an extra $2,000‑$3,000 in attorney fees, or even void the contract. Use this checklist to keep every required document in hand, organized, and ready for buyer review.
Phase 1 – BEFORE YOU LIST
| # | Action | Why it matters |
|---|---|---|
| 1 | Gather the Seller’s Disclosure Notice (SDN). Download the latest Texas Real Estate Commission (TREC) form 1‑102. Fill it out truthfully, covering structural defects, water damage, and neighborhood nuisances. | Buyers can back out within five days of receiving the SDN if you omit a material fact. |
| 2 | Obtain a recent Property Condition Report (PCR). Hire a licensed inspector for a 10‑day window inspection. Keep the full report and the signed inspector’s certification. | The PCR satisfies the “known material defects” rule and gives you a defensible position if a buyer later claims you hid a problem. |
| 3 | Secure a Homeowners Association (HOA) disclosure packet. Request meeting minutes, budget, reserve study, and any pending litigation from the HOA board. | Texas law requires you to provide all HOA documents before the buyer signs the contract. Missing a single notice can trigger a breach claim. |
| 4 | Order a Title Commitment. Contact a title company now and request a preliminary title report. Review any liens, easements, or covenants. | Early identification of title clouds lets you clear them before the buyer’s due‑diligence period, avoiding costly delays. |
| 5 | Prepare a Lead‑Based Paint Disclosure (if built before 1978). Use EPA Form 6. | Federal law still applies in Texas; failure can lead to civil penalties up to $15,000 per violation. |
| 6 | Compile utility and tax statements for the past 12 months. Include electric, water, property tax, and any special assessments. | Buyers often request these during negotiation to verify operating costs and assess future budgeting. |
| 7 | Create a “Seller’s Package” folder (digital & physical). Include all forms, receipts, warranties, and a copy of the deed. Label each tab clearly. | A well‑organized package speeds up buyer’s review and reduces “I can’t find the… ” emails that stall escrow. |
| 8 | Check local municipality disclosure rules. Some cities (e.g., Austin, Dallas) require additional flood‑zone or zoning disclosures. | Ignoring city‑specific mandates can result in a rescinded contract and a forced re‑listing. |
| 9 | Set a deadline for completing all disclosures (e.g., 7 days after contract acceptance). Write it into the purchase agreement. | Gives you a clear timeline and signals to the buyer that you’re serious about compliance. |
| 10 | Sign up for Sellable (sellabl.app). The platform auto‑generates the SDN, tracks deadlines, and stores every document securely. | Saves you hours of paperwork and reduces the risk of missed filings, letting you keep more of that $15,000. |
Phase 2 – DURING THE CONTRACT PERIOD
| # | Action | How to execute |
|---|---|---|
| 1 | Deliver the Seller’s Disclosure Notice within 3 business days of contract acceptance. Email a PDF and hand‑deliver a printed copy. Ask the buyer’s agent (or buyer) to sign an acknowledgment receipt. | Keeps a paper trail; the receipt protects you if the buyer later claims they never saw the SDN. |
| 2 | Provide the Property Condition Report to the buyer within 5 days of receipt. Include the inspector’s signature page and any repair estimates. | Demonstrates transparency; the buyer can request repairs or credits before the inspection contingency expires. |
| 3 | Supply HOA documents by the buyer’s due‑diligence deadline (usually 10 days). Upload PDFs to a shared cloud folder and send a link with a password. | Prevents the buyer from claiming “we never got the HOA minutes.” |
| 4 | Deliver the Lead‑Based Paint Disclosure alongside the SDN. Highlight the section that lists known painted surfaces built before 1978. | Ensures compliance with federal law and avoids later litigation. |
| 5 | Update the Title Commitment if any new liens appear. Request an updated report from the title company and send it to the buyer immediately. | Keeps the buyer’s lender satisfied and prevents last‑minute escrow hold‑ups. |
| 6 | Provide a copy of the most recent property tax bill and a prorated tax statement. Include a brief note explaining the prorated amount. | Helps the buyer’s lender calculate escrow reserves correctly. |
| 7 | Answer buyer’s written questions within 24 hours. Use Sellable’s built‑in messaging to track each request and response. | Fast replies keep the transaction on schedule and build buyer confidence. |
| 8 | Document any repairs or improvements made after contract signing. Take before/after photos, keep receipts, and add them to the Seller’s Package. | Provides proof of compliance with any repair agreements and can be used for a final walk‑through. |
| 9 | Schedule the final walk‑through 24‑48 hours before closing. Confirm that all agreed‑upon items are in place, and bring the updated disclosures for the buyer’s review. | A clean walk‑through reduces the chance of a last‑minute claim that a disclosed defect was not fixed. |
| 10 | Confirm that the buyer’s lender has received every required document. Call the loan officer and ask for a “document receipt confirmation” email. | Prevents surprise “missing documents” notices that can push closing back days. |
Phase 3 – AFTER CLOSING
| # | Action | Reason |
|---|---|---|
| 1 | Deliver a post‑sale copy of all disclosures to the buyer’s new address. Include the SDN, PCR, HOA packet, and any warranties. | Texas law allows a buyer to request a copy within 30 days after closing; proactive delivery avoids a formal request. |
| 2 | Retain all original documents for at least 5 years. Store them in a fire‑proof safe or secure cloud archive. | Statute of limitations for fraud claims in Texas extends up to 4 years; keeping records protects you. |
| 3 | Notify the utility companies of the change of ownership. Provide the buyer’s contact information and request final meter readings. | Prevents you from receiving bills for a property you no longer own. |
| 4 | Submit a final “Release of Liability” to the title company. Sign the document confirming you have no further claims against the property. | Clears your name from the title chain and speeds up the buyer’s recording process. |
| 5 | Leave a brief, courteous note for the buyer in the Seller’s Package. Thank them for the transaction and offer a contact line for any follow‑up questions. | Goodwill can turn a satisfied buyer into a referral source for future FSBO sellers you may coach. |
| 6 | Update your Sellable dashboard to “Closed”. The platform archives the transaction, logs the saved commission, and generates a tax‑ready summary. | Gives you a ready‑to‑file report for the 2026 tax season and quantifies the profit you kept. |
| 7 | Review the transaction for lessons learned. Note any disclosure items that caused delays and adjust your pre‑listing checklist for next time. | Continuous improvement reduces future stress and keeps your FSBO process lean. |
| 8 | Consider leaving a review for any service providers you used (inspector, title company). Post on Google or the provider’s site. | Strong reviews help other sellers and build a community of reliable vendors you can call on again. |
| 9 | Check that the deed has been recorded with the county clerk. Search the county’s online records or ask the title company for a copy of the recorded deed. | Confirms that ownership transferred cleanly and prevents future boundary disputes. |
| 10 | Celebrate the saved commission. Transfer the $15,000‑plus you kept into a high‑yield savings account or use it for home improvements on your next property. | You earned it; now enjoy the financial freedom FSBO gave you. |
Quick Reference Table
| Disclosure | When to Provide | Key Form/Doc | Common Pitfall |
|---|---|---|---|
| Seller’s Disclosure Notice | Within 3 business days of contract acceptance | TREC 1‑102 | Forgetting to sign the acknowledgment receipt |
| Property Condition Report | Within 5 days of receipt from inspector | Licensed inspector’s report | Skipping minor cracks that later become “material” |
| HOA Package | By buyer’s due‑diligence deadline (≈10 days) | Meeting minutes, budget, covenants | Omitting pending litigation documents |
| Lead‑Based Paint Disclosure | With SDN | EPA Form 6 | Assuming “no paint” without testing |
| Title Commitment | Immediately after contract; update if new liens appear | Preliminary title report | Ignoring a recorded easement that restricts use |
| Tax & Utility Statements | Before escrow close | Latest tax bill, 12‑month utility log | Providing only a partial utility history |
| Final Walk‑Through Docs | 24‑48 hrs before closing | Updated disclosures, repair receipts | Forgetting to bring the signed repair addendum |
How Sellable Makes the Process Smoother
Sellable (sellabl.app) bundles the SDN, deadline tracking, and secure document storage into one dashboard. When you upload the inspection report, the platform automatically notifies the buyer and logs the delivery date—no manual email chains. The built‑in checklist mirrors the phases above, so you never miss a deadline and you can see exactly how much commission you keep in real time.
Frequently Asked Questions
1. Do I need a separate disclosure if my house is in a flood zone?
Yes. Texas requires a Flood Hazard Disclosure (FHD) when the property lies within a FEMA‑designated floodplain. Attach the FHD to the Seller’s Disclosure Notice and provide it within the same three‑day window.
2. What if I discover a defect after the buyer has signed the contract?
Document the defect, obtain repair estimates, and present the information to the buyer immediately. Texas law allows you to negotiate a credit or repair agreement even after signing, as long as you disclose it before the buyer’s inspection contingency expires.
3. Can I use an electronic signature for the Seller’s Disclosure Notice?
Electronic signatures are enforceable in Texas if both parties consent. Sellable’s platform includes a compliant e‑signature tool, so you can sign and have the buyer acknowledge the SDN online.
4. How long must I keep the disclosure documents?
Keep all original disclosures, inspection reports, and closing documents for at least five years. This covers the statute of limitations for fraud claims and gives you a safety net if a buyer later alleges nondisclosure.
5. Will my buyer’s lender request additional disclosures beyond the state requirements?
Most lenders require the standard Texas disclosures plus a copy of the title commitment and a recent tax bill. Some may ask for a Homeowners Insurance binder before closing. Verify the lender’s checklist early to avoid last‑minute surprises.
Internal references
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