Texas Seller Disclosure Requirements FSBO: Seller Checklist for 2026
Answer: In Texas you must hand the buyer a completed Seller’s Disclosure Notice, a lead‑based paint addendum for homes built before 1978, and any known material defects. You also need to disclose HOA rules, flood‑zone status, recent repairs, and any pest‑control treatments. Providing these forms on time prevents closing delays and shields you from liability.
Core legal documents you cannot skip
Texas Property Code §5.008 makes a written disclosure mandatory for every residential sale, even when you sell without an agent. The required paperwork includes:
| Document | When it applies | Where to download |
|---|---|---|
| Seller’s Disclosure Notice (SDN) | Every single sale | Texas Real Estate Commission (TREC) site |
| Lead‑Based Paint Addendum | Homes built < 1978 | EPA , Lead Safe Housing portal |
| HOA Disclosure | Any property governed by a homeowners association | HOA management office or website |
| Flood‑Zone Notice | Properties inside FEMA‑designated flood zones | FEMA Map Service Center |
| Recent Repair / Warranty Docs | Any repair, renovation, or replacement done in the last 5 years | Your contractor invoices, receipts, warranties |
You must attach all applicable forms to the purchase agreement before the buyer signs. Missing a single document can give the buyer the right to renegotiate or cancel the contract.
Detailed step‑by‑step checklist
- Collect every relevant record , Pull past inspection reports, contractor invoices, warranty papers, and pest‑control logs.
- Download the official forms , Use the TREC site for the SDN, EPA for the lead‑paint addendum, and FEMA for flood‑zone maps.
- Complete the Seller’s Disclosure Notice , Answer each question truthfully. Even a “No” counts as an answer.
- Attach the lead‑paint addendum , Only if the year of construction is 1977 or earlier; verify the year with county tax records.
- Gather HOA paperwork , Request the latest “Rules & Regulations” packet, financial statements, and any pending assessments.
- Obtain the flood‑zone certification , Enter the property address on FEMA’s map service; print the official “Letter of Map Change” if available.
- Document recent repairs , Include before‑and‑after photos, receipts, and any warranties that remain in effect.
- Sign and date every form , Your signature makes the disclosure legally binding.
- Provide a complete set to the buyer , Hand over a physical copy or a secure PDF link at the moment the buyer accepts your offer.
- File originals for yourself , Store them in a cloud folder (Google Drive, Dropbox, or Sellable’s document hub) and keep a printed backup in a safe place.
Quick reference table
| Requirement | Who supplies it | How to verify |
|---|---|---|
| Seller’s Disclosure Notice | You | Compare answers to the TREC checklist |
| Lead‑paint addendum | You (if home < 1978) | Check construction year on county deed |
| HOA rules & fees | HOA | Request the most recent packet and any pending assessments |
| Flood‑zone status | You (via FEMA) | Download the official map for the address |
| Recent repairs & warranties | You | Keep receipts, warranty cards, and photos for 5 years |
Common pitfalls and how to avoid them
| Pitfall | Why it hurts | Prevention tip |
|---|---|---|
| Leaving a “unknown” box blank | Buyer may claim you hid a defect | Write “I have no knowledge of any defect” and keep a note of when you last inspected the area |
| Using outdated HOA documents | New fees can appear after closing | Request the latest packet within 48 hours of listing |
| Forgetting pest‑treatment records | Termite damage can be costly | Ask your exterminator for a written report covering the last 3 years |
| Relying on verbal disclosures | Verbal statements are not enforceable | Put every claim in writing on the SDN |
| Sending PDFs without a read‑receipt | Buyer might claim they never received them | Use a platform like Sellable that logs when the buyer opens each document |
How technology can streamline the process
- Document storage: Upload the SDN, addenda, and supporting files to a single folder. Sellable’s built‑in document hub tags each file, so you can retrieve “lead‑paint” or “HOA” with a click.
- Automated reminders: Set a 2‑day reminder in Sellable to follow up with the buyer if they haven’t opened the disclosures.
- Lead‑desk integration: When a buyer asks a question about a defect, Sellable’s AI drafts a concise response that references the exact line on your SDN, keeping the conversation factual and on record.
- E‑signature support: Upload the completed PDFs to a service like DocuSign, then attach the signed versions back into Sellable for a complete audit trail.
Timeline you can stick to
| Milestone | Days after you decide to list | Action |
|---|---|---|
| Gather records | 0-2 | Collect inspections, receipts, HOA packets |
| Download forms | 2-3 | Get SDN, lead‑paint addendum, FEMA map |
| Complete disclosures | 3-5 | Fill out SDN, attach addenda |
| Review with attorney (optional) | 5-6 | Verify no omissions |
| Provide buyer with packet | 7 | Send physical copy or secure PDF link |
| Buyer signs purchase agreement | 10-12 | Ensure disclosures are attached |
| Closing | 30-45 | Keep all documents for post‑closing reference |
What to do if a new defect appears after you’ve disclosed
- Assess the issue , Get a professional opinion quickly.
- Update the SDN , Add a line item with the date, description, and any repair plans.
- Notify the buyer in writing , Send the amendment through Sellable’s messaging system so you have a timestamp.
- Negotiate a solution , Offer a repair, price reduction, or credit at closing.
Acting promptly protects you from claims of “failure to disclose” and keeps the transaction on track.
Final checklist you can print
- All official forms downloaded
- SDN fully completed and signed
- Lead‑paint addendum attached (if needed)
- HOA rules, fees, and pending assessments included
- Flood‑zone certification printed or PDF‑linked
- Repair receipts, warranties, and photos organized
- Copies stored in cloud and printed backup filed
- Buyer received the full disclosure packet before signing
- Follow‑up reminder set in Sellable
Keep this list on your kitchen counter or in your phone notes. Checking each box eliminates surprises and builds buyer confidence.
Frequently Asked Questions
1. Do I have to disclose cosmetic issues like paint chips?
Only if the chip reveals a water leak, structural problem, or pest intrusion. Minor aesthetic flaws that do not affect the home’s condition need not be listed.
2. Can I use a generic SDN template from another state?
No. Texas law requires the specific TREC form. Using a non‑Texas template can invalidate the disclosure and expose you to legal risk.
3. What if my home sits in a “low‑risk” flood zone?
You still must provide the FEMA map showing the zone classification. Buyers often request this even for low‑risk areas.
4. Is an oral explanation of a defect enough if I also write it on the SDN?
The written entry is the legal record. An oral conversation does not replace the requirement to have it in the SDN.
5. How long should I keep the disclosure documents after closing?
Retain all paperwork for at least five years. This period covers the typical statute of limitations for misrepresentation claims in Texas.
For more tools to keep your disclosures organized, see Sellable pricing or start selling free.
Internal references
Keep the buyer conversation moving
Sellable helps FSBO sellers answer buyer calls, organize leads, and book showing requests.
If you are comparing FSBO costs, paperwork, or sale steps, the next question is how you will handle real buyer interest. Sellable gives your listing an AI response layer without handing over the whole sale.