Texas Legal Disclosure Requirements Overview.
In Texas, real estate transactions are governed by both state and federal laws that mandate specific disclosures to ensure transparency and protect buyers. Here are the most important legal disclosure requirements in Texas:
1. Seller’s Disclosure Notice (Texas Property Code § 5.008)
Required for most residential sales (1-4 units).
Sellers must disclose material defects related to:
Structural conditions (foundation, roof)
Plumbing, electrical, and HVAC systems
Previous repairs or damage (water, fire, termites)
Hazardous conditions (asbestos, lead-based paint)
HOA/restrictive covenants
Known environmental hazards (flood zones, sinkholes)
Must be provided before signing a contract.
2. Lead-Based Paint Disclosure (Federal – 42 U.S. Code § 4852d)
Required for homes built before 1978.
The seller must disclose known lead hazards and provide an EPA-approved pamphlet.
3. Property Tax Disclosures (Texas Tax Code § 6.09)
Sellers must disclose if the property has any delinquent taxes or special assessments.
4. Water and Utility Disclosure (Texas Water Code § 49.452)
If the property is served by a private water or sewer system, the seller must disclose this in writing.
5. Coastal Area Disclosure (Texas Natural Resources Code § 33.008)
For properties located in coastal areas, sellers must disclose whether the home is in a "dune protection area" or subject to beachfront erosion.
6. Previous Use of Property (Texas Property Code § 5.009)
If the property was previously used for manufacturing methamphetamine, the seller must disclose this if known.
7. HOA/POA Disclosures (Texas Property Code § 207.003 & 209.004)
Sellers must provide:
HOA contact information
Copies of bylaws, restrictions, and fees
Any pending violations or special assessments
8. Flood Zone Disclosure (Federal & Texas Law)
If the property is in a FEMA-designated flood zone, sellers must disclose this (though lenders will also require flood certification).
9. Mineral Rights Disclosure (Texas Property Code § 5.023)
Sellers must disclose if mineral rights are severed from the surface estate.
10. Airport/Zoning Disclosures (Texas Local Government Code § 391.001)
If the property is near a military base or airport, noise or zoning restrictions may need disclosure.
Penalties for Non-Disclosure
Failure to provide required disclosures can result in lawsuits for rescission, damages, or fraud.
Visit www.epcasabyowner.com and find your dream home in El Paso, TX.