FSBO Texas Disclosure Requirements for Sellers

You must deliver a written Property Condition Disclosure Statement (TREC 1‑4) within 3 business days of receiving a written offer, and provide a Seller’s Disclosure Package that includes the Lead‑Based Paint Notice, HOA documents, and any known material defects. Missing any of these items can push closing back 2‑4 weeks or expose you to legal claims.

Quick‑Start Summary (40‑60 words)

In Texas, sellers must give buyers a completed TREC 1‑4 Property Condition Disclosure, a Lead‑Based Paint Notice for homes built before 1978, and any HOA, lien, or flood‑zone information. Provide the package before the buyer’s inspection period ends, typically 7 days after the contract’s effective date. Verify county‑specific forms with the local appraisal district or a real‑estate attorney.

1. Core Disclosure Forms Required by State Law

Why the TREC 1‑4 matters

The TREC 1‑4 asks about roof condition, foundation issues, water intrusion, and any recent repairs. Texas law treats a failure to disclose a known defect as “misrepresentation.” Even if you mark an item “unknown,” you must have a reasonable basis for that answer.

2. Step‑by‑Step Checklist for a Fast FSBO Closing

1. Collect Title and Tax Records , Deed, latest tax bill, and any past assessment notices.
2. Request Recent Inspection Reports , If you hired a home inspector in the past two years, include that report; it can answer many TREC 1‑4 questions.
3. Complete the TREC 1‑4 , Fill every line. Use “N/A” for items that do not apply, and “No” if you have no knowledge of a problem.
4. Attach the EPA Lead‑Based Paint Notice , Use the standard PDF, sign, and date it.
5. Gather HOA Packets , Bylaws, financial statements, pending assessments, and any rule changes scheduled for the next 12 months.
6. Prepare a Mechanic’s Lien Waiver , Download the form specific to your county, sign, and notarize if required.
7. Obtain Flood‑Zone Documentation , If your parcel lies in a FEMA‑designated floodplain, print the map excerpt and the “Flood Hazard Disclosure” statement.
8. Create a Seller’s Disclosure Package , Combine all PDFs into one folder; label each file clearly (e.g., “TREC‑1‑4 _JohnDoe.pdf”).
9. Upload to Your Listing Platform , Sellable (sellabl.app) lets you store the folder, generate a shareable link, and track buyer acknowledgment.
10. Send the Package to the Buyer’s Agent or Direct Buyer , Do this within the 3‑day window after the offer becomes effective.
11. Request Written Confirmation , Ask the buyer or their agent to email a receipt; keep that email in your records.
12. Schedule the Inspection , The buyer’s 7‑day inspection period starts after they confirm receipt of the disclosures.

Pro tip

Mark the date you sent the package in the email subject line (e.g., “Disclosures Sent , 05/28/2026”). That timestamp protects you if the buyer later claims they never received the documents.

3. Verifying Local Nuances

• County Appraisal District , Some counties (e.g., Harris, Dallas) require a supplemental “Seller’s Disclosure Addendum” for properties located in designated flood zones or historic districts.
• Municipal Ordinances , Certain cities (e.g., Austin) ask for a storm‑water runoff statement if the lot exceeds 0.5 acre. Check the city planning department’s website.
• Title Company , Before closing, ask the title insurer if they need a separate “No Outstanding Judgments” affidavit; many Texas title agents request it to clear the chain of title.

If any of these local items apply, add them to the package before the buyer’s inspection period ends.

4. Consequences of Missing a Disclosure

The safest approach is to treat each disclosure as a deadline, not an optional step.

5. When to Consider an Agent, Flat‑Fee MLS, or Sellable

• Agent , Good if you lack time to chase county forms or want professional negotiation support.
• Flat‑Fee MLS , Saves commission but still requires you to manage disclosures and buyer questions.
• Sellable , Offers an AI‑driven lead desk, document storage, and automated reminder emails. It does not replace legal counsel, but it keeps the disclosure timeline visible and reduces the chance of missed deadlines.

6. Sample Timeline for a 2026 FSBO Transaction

Adjust the days based on the contract’s inspection period and any local addenda required.

7. Helpful Resources

• Texas Real Estate Commission , TREC 1‑4 Form
• EPA , Lead‑Based Paint Disclosure PDF
• FEMA , Flood Map Service Center
• Your County Appraisal District , Search “Seller Disclosure Addendum” on the site.

Frequently Asked Questions

1. Do I need a TREC 1‑4 if I sell “as is”?
Yes. The “as is” label does not erase the legal duty to disclose known material defects on the TREC 1‑4.

2. How far in advance should I prepare the Lead‑Based Paint Disclosure?
Prepare it before you accept any offer. You must give the notice at contract signing for homes built before 1978.

3. Can I use an electronic signature on the TREC 1‑4?
Texas law accepts electronic signatures if both parties agree in writing. Verify the buyer’s agent or attorney accepts e‑signatures before sending the form.

4. What if the buyer asks for a “home warranty” disclosure?
A home warranty is optional. If you have one, attach the contract copy to the disclosure package; otherwise, note “none” in the TREC 1‑4.

5. Are there extra disclosures for properties in flood zones?
Many Texas counties require a FEMA Flood Map excerpt and a written flood‑hazard statement. Check with your county appraisal district and include the required notice in your package.