Published by Casa By Owner for home sellers and buyers in El Paso, Horizon City, and the Fort Bliss area. Updated October 25, 2026.
Most sellers of a previously occupied single-family home in Texas must give the buyer a written Seller's Disclosure Notice describing the seller's knowledge of the property's condition. The notice should be accurate as of the date signed, delivered on time, and updated or corrected if the seller later learns that an answer creates a false impression. It is not a home inspection, a repair agreement, or a warranty.
For an El Paso or Horizon City sale, the safest practical approach is to gather records early, answer only from actual knowledge, explain every "yes" response clearly, and disclose known material conditions instead of guessing or minimizing them.
What is the Texas Seller's Disclosure Notice?
Texas Property Code Section 5.008 generally requires a seller of residential real property with no more than one dwelling unit to provide a written notice of the property's condition. The Texas Real Estate Commission Seller's Disclosure Notice, TREC Form 55-1, is an official form designed to satisfy those statutory disclosure requirements.
The current TREC Form 55-1 became effective May 28, 2026. It asks about the home's systems and equipment, known defects, prior repairs, drainage, flooding, insurance, permits, HOA matters, lawsuits, environmental conditions, and other facts that may affect the property. The form itself states that it reflects the seller's knowledge as of the date signed and is not a substitute for inspections or warranties.
Who usually must provide the notice?
The requirement generally applies when an owner sells a previously occupied single-family residence. It can apply even when the seller never lived in the home, because knowledge may come from inspection reports, tenant complaints, property managers, repair invoices, insurance claims, or other records.
Texas law lists specific exempt transfers, including certain court-ordered or foreclosure transfers, some fiduciary transfers, certain transfers between co-owners or family members, and sales of a new residence that has not previously been occupied. An exemption from the statutory form should not be treated as permission to hide a known material defect. Sellers should ask a Texas real estate attorney about unusual ownership, estate, trust, divorce, foreclosure, or family-transfer situations.
When should an El Paso seller deliver the disclosure?
Ideally, deliver the completed notice before the buyer signs the contract. Texas Property Code Section 5.008 calls for delivery on or before the effective date of the contract. If it is delivered later, the law may give the buyer a termination period after receipt. If a required notice is never delivered, the buyer may have a right to terminate before closing.
Early delivery gives buyers time to read the disclosure with the listing information and reduces avoidable surprises during the option period. Keep a signed copy and proof of delivery with the transaction file.
What should El Paso and Horizon City sellers disclose?
A seller should answer the form based on actual knowledge and explain known conditions completely. Common El Paso-area examples may include:
- Roof leaks, prior roof replacement, hail or wind claims, and available warranties.
- Foundation movement, cracks, prior structural evaluations, or repairs.
- Plumbing leaks, sewer-line work, water-heater issues, or prior water damage.
- Electrical defects, aluminum wiring, nonworking equipment, or unpermitted alterations.
- Heating, refrigerated air, evaporative cooling, or other HVAC problems.
- Drainage concerns, previous flooding, flood claims, or FEMA assistance.
- Termite or wood-destroying insect activity, damage, treatment, or repair.
- Solar-panel ownership, loans, leases, power purchase agreements, or related liens.
- HOA fees, assessments, violations, lawsuits, or deed-restriction notices.
- Insurance cancellation, inability to insure the property, or special coverage issues.
Do not substitute a vague phrase such as "as-is" for factual disclosure. Selling a property as-is generally addresses repair obligations and price negotiations; it does not erase the need to disclose known material facts.
What changed on the 2026 TREC disclosure form?
As of October 25, 2026, TREC Form 55-1 is the current official Seller's Disclosure Notice. The form includes detailed questions about fuel-gas piping, flood history and flood zones, insurance, unpermitted work, conservation easements, storage tanks, private-road maintenance, and proximity to military installations.
The military-installation notice is particularly relevant to some El Paso and Fort Bliss-area properties. It alerts buyers that a property may be affected by high-noise or compatible-use zones or other military operations. Sellers should answer the form and rely on official studies or records rather than making unsupported statements about noise or future operations.
Is there a separate 2026 water-rights disclosure?
Yes. TREC created the Seller's Disclosure About Groundwater and Surface Water Rights, Form 61-0, effective July 1, 2026. TREC explains that when parties use most TREC contracts, the default is that this separate disclosure is provided unless every condition in the contract's stated exception is satisfied.
This water-rights form is separate from the statutory Seller's Disclosure Notice. Being exempt from one does not automatically create an exemption from the other. The form may be especially important when a property has a well, water tank, pond, lake, or possible severed, sold, or leased groundwater rights. Review Paragraph 7 of the applicable current contract and obtain legal advice when ownership of water rights is unclear.
Does a pre-1978 home need another disclosure?
Usually, yes. Federal lead-based-paint rules can require a separate lead disclosure for housing built before 1978. TREC provides Form 56-0 for that purpose. The seller must also provide available reports or records and the required federal information when the rule applies.
The lead disclosure is separate from the Texas property-condition notice. Completing one does not replace the other.
Should a seller attach repair invoices and inspection reports?
Supporting documents can make a disclosure clearer. Depending on the facts, useful records may include roof invoices, transferable warranties, engineer reports, plumbing receipts, permits, insurance claim documentation, termite treatment records, solar agreements, and prior inspection reports.
Before listing, organize documents by system and date. If a past problem was repaired, describe both the original issue and the repair rather than answering as though the issue never occurred. If a seller receives new information after signing the notice, the seller should promptly discuss a correction or supplemental disclosure with the listing agent and, when appropriate, an attorney.
A pre-listing home inspection can help identify conditions before buyers conduct their own inspection, but it does not transfer the seller's disclosure responsibility to the inspector.
What should buyers do with a Seller's Disclosure Notice?
Buyers should read every page, review explanations and attachments, and compare the notice with the inspection report, seller documents, insurance quotes, title commitment, survey, and their own observations. A disclosure is based on the seller's knowledge; it is not proof that every system is defect-free.
- Ask for clarification when an answer is incomplete, inconsistent, or difficult to read.
- Give the inspector a copy so reported history can guide the inspection.
- Investigate roof, foundation, plumbing, drainage, HVAC, electrical, solar, and flood concerns with qualified professionals.
- Check permits and warranties when repairs or additions are reported.
- Confirm flood risk independently. Start with our El Paso flood-zone and flood-insurance checklist.
- Address repair requests or contract decisions before applicable deadlines.
What mistakes should sellers avoid?
- Leaving required answers blank. Use the available response and explanation fields accurately.
- Guessing. "Unknown" is different from "No." Do not claim a condition does not exist when you lack knowledge.
- Minimizing a past problem. Explain the issue, repair, date, contractor, and available warranty or report.
- Assuming an as-is sale removes disclosure duties. Price and repair terms do not excuse concealment of known material facts.
- Delivering the notice late. Late delivery can create termination rights and disrupt the transaction.
- Forgetting separate disclosures. Lead-based paint, water rights, HOA, utility district, flood, or other notices may apply.
- Failing to correct new information. If an answer is no longer accurate, address it promptly in writing.
Frequently asked questions about Texas seller disclosures
Can an El Paso seller answer "unknown"?
Yes, when the seller genuinely does not know the answer and the form permits that response. "Unknown" should not be used to avoid disclosing information the seller actually knows.
Does the disclosure require the seller to make repairs?
No. The notice reports the seller's knowledge; it is not a promise to repair. Repair obligations depend on the contract, later amendments, and negotiations.
Does an as-is sale eliminate the Seller's Disclosure Notice?
No. An as-is provision does not automatically eliminate statutory disclosure requirements or the obligation to disclose known material facts.
Can a buyer skip the home inspection after receiving the disclosure?
A buyer should not treat the notice as a substitute for an inspection. The current TREC form expressly says it is not a substitute for inspections or warranties the buyer may wish to obtain.
Must an heir provide a disclosure if the heir never lived in the house?
Possibly. The law's fiduciary exemptions do not necessarily apply to an heir who owns and sells the property. The seller should review the exact ownership and transfer with a Texas real estate attorney rather than assuming an exemption.
Is the 2026 water-rights form required for every El Paso home?
No. TREC says the requirement depends on the contract and its stated exception. Review the current contract language; the water-rights form and the statutory property-condition notice have different rules.
Prepare your El Paso home sale with Casa By Owner
Casa By Owner helps El Paso and Horizon City sellers prepare a complete listing file, organize known-condition records, price the property, and market the home with clear buyer information. Start with our El Paso home-selling services or contact Casa By Owner to discuss your property and selling options.
This article is general real estate information, not legal advice. Disclosure requirements depend on the property, ownership, contract, and facts. Use current forms and consult a Texas real estate attorney for legal questions.