Texas Seller Disclosure Requirements 2026 — TREC OP-H Explained
Texas has one of the most detailed seller disclosure requirements in the country. Understanding exactly what you must disclose — and what the consequences are for non-disclosure — is essential before you accept any offer.
The Legal Requirement
Texas Property Code §5.008 requires sellers of most 1–4 unit residential properties to provide a written Seller's Disclosure Notice to prospective buyers. The standard form is TREC Form OP-H (Seller's Disclosure of Property Condition), available free at trec.texas.gov.
You must provide the disclosure before or at the time of contract execution. If you fail to provide it, the buyer can rescind the contract within 7 days of receiving it — even after closing has been scheduled.
Who Is Exempt
Not every Texas home sale requires OP-H. Exemptions under §5.008 include:
If you're selling a home you've lived in, you almost certainly need to complete OP-H.
The Six Sections of TREC OP-H
Section 1 — Structural/Mechanical Systems
Covers the roof (age, material, known leaks), foundation (pier-and-beam or slab, any movement or repair history), exterior walls, interior walls, ceilings, floors, driveways, fences, plumbing (type, any leaks), electrical (panel type, GFCI compliance), and HVAC (age, type, condition).
Foundation disclosure is the most litigated area in Texas FSBO sales. DFW's expansive clay soil causes foundation movement in a significant percentage of homes. If your home has had any piering, shimming, or drainage corrections, disclose it completely — including any engineering reports or lifetime warranties. Buyers can request the repair history and transferability of any foundation warranty.
Section 2 — Environmental Hazards
Covers asbestos, lead-based paint, radon, mold or mildew (present or past), underground storage tanks, hazardous waste, and wetlands. Federal law separately requires a lead paint disclosure and pamphlet for homes built before 1978 — this is in addition to OP-H.
Section 3 — Property Condition
Previous flooding (from any source — not just FEMA floodplain), drainage issues, underground foundation settlement, soil movement, prior fire damage, smoke or fire smell, pest infestation, wood rot, and prior HVAC issues.
Section 4 — Legal and Other Matters
Deed restrictions, setbacks, easements, encroachments, pending litigation affecting the property, prior survey problems, and whether the property is in a special district (a Municipal Utility District (MUD) is common in new DFW suburbs and carries additional property tax obligations).
Section 5 — HOA
Whether the property is governed by an HOA, the name of the HOA, and whether there are pending special assessments. In DFW suburbs like Frisco, Allen, McKinney, and Southlake, HOA membership is extremely common.
Section 6 — Other Information
Permits pulled (and whether work was completed to code), prior inspections on file, mineral rights ownership (Texas separates surface and mineral rights — if you don't own the mineral rights, that's material information), and whether the property is located in an area that may be subject to oil and gas exploration.
The T-47 Affidavit
Separate from OP-H, buyers with lenders who require a current survey will sometimes ask for a T-47 Affidavit — a notarized statement by the seller confirming no improvements have been made to the property since the existing survey was completed. This allows them to use an existing survey instead of ordering a new one.
You're not required to provide this proactively, but have the existing survey on hand and be prepared for the request.
What "Knew or Should Have Known" Means in Practice
Texas courts have found sellers liable for non-disclosure when:
When in doubt, disclose. A written disclosure protects you far more than silence.
Federal Lead Paint Disclosure (Pre-1978 Homes)
If your home was built before 1978, federal law (TSCA Section 1018) requires a separate Lead-Based Paint Disclosure and Acknowledgment form, plus providing the EPA pamphlet "Protect Your Family from Lead in Your Home." This is in addition to OP-H — it's a federal requirement that applies regardless of Texas law.
Penalty for Non-Disclosure
Failure to disclose known material defects can result in:
The cost of a disclosure-related lawsuit far exceeds the cost of completing the form accurately.