Tex. Prop. Code § 5.008

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 5.008 - Seller's Disclosure of Property Condition

(a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.

(b) The notice must be executed and must, at a minimum, read substantially similar to the following:

SELLER'S DISCLOSURE NOTICE CONCERNING THE PROPERTY AT ___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS. Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property? ________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range	__ Oven	__ Microwave
__ Dishwasher	__ Trash Compactor	__ Disposal
__ Washer/Dryer	__ Window	__ Rain Gutters
Hookups	Screens
__ Security	__ Fire Detection	__ Intercom
System	Equipment	System
__ Smoke Detector
__ Smoke Detector -
Hearing Impaired
__ Carbon Monoxide
Alarm
__ Emergency Escape
Ladder(s)
__ TV Antenna	__ Cable TV	__ Satellite
Wiring	Dish
__ Ceiling Fan(s)	__ Attic Fan(s)	__ Exhaust
Fan(s)
__ Central A/C	__ Central Heating	__ Wall/Window
Air
Conditioning
__ Plumbing System	__ Septic System	__ Public Sewer
System
__ Patio/Decking	__ Outdoor Grill	__ Fences
__ Pool	__ Sauna	__ Spa
__ Hot Tub
__ Pool Equipment	__ Pool Heater	__ Automatic Lawn
Sprinkler
System
__ Fireplace(s) &	__ Fireplace(s) &
Chimney (Woodburning)	Chimney (Mock)
__ Natural Gas Lines	__ Gas Fixtures
__ Liquid Propane Gas:	__ LP Community (Captive)	__ LP on Property
__ Fuel Gas Piping:	__ Black Iron Pipe	__ Corrugated
__ Copper	Stainless Steel Tubing
Garage: __ Attached	__ Not Attached	__ Carport
Garage Door Opener(s):	__ Electronic	__ Control(s)
Water Heater:	__ Gas	__ Electric
Water Supply: __ City	__ Well __ MUD	__ Co-op

Roof Type: ________________________________ Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary): ________________________________________________________________ ________________________________________________________________

2. Does the property have working smoke detectors installed in accordance with the smoke detector requirements of Chapter 766, Health and Safety Code?* __ Yes __ No __ Unknown. If the answer to the question above is no or unknown, explain. (Attach additional sheets if necessary):

*Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements. If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information. A buyer may require a seller to install smoke detectors for the hearing impaired if:

(1) the buyer or a member of the buyer's family who will reside in the dwelling is hearing impaired;

(2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and

(3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation. The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.

3. Are you (Seller) aware of any known defects/malfunctions in any of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls	__ Ceilings	__ Floors
__ Exterior Walls	__ Doors	__ Windows
__ Roof	__ Foundation/	__ Basement
Slab(s)
__ Walls/Fences	__ Driveways	__ Sidewalks
__ Plumbing/Sewers/	__ Electrical	__ Lighting
Septics	Systems	Fixtures

__ Other Structural Components (Describe):_______________________ ________________________________________________________________ ________________________________________________________________

If the answer to any of the above is yes, explain. (Attach additional sheets if necessary):________________________________ ________________________________________________________________ ________________________________________________________________

4. Are you (Seller) aware of any of the following conditions? Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites (includes wood-destroying insects)	__ Previous Structural or Roof Repair
__ Termite or Wood Rot Damage	__ Hazardous or Toxic Waste
Needing Repair
__ Previous Termite Damage	__ Asbestos Components
__ Previous Termite	__ Urea formaldehyde
Treatment	Insulation
__ Radon Gas
__ Improper Drainage	__ Lead Based Paint
__ Water Damage Not Due to a	__ Aluminum Wiring
Flood Event
__ Previous Fires
__ Unplatted Easements
__ Landfill, Settling, Soil	__ Subsurface
Movement, Fault Lines	Structure or Pits
__ Single Blockable Main	__ Previous Use of Premises
Drain in Pool/Hot	for Manufacture of
Tub/Spa*	Methamphetamine

*A single blockable main drain may cause a suction entrapment hazard for an individual.

5. Are you (Seller) aware of any item, equipment, or system in or on the property that is in need of repair? __ Yes (if you are aware) __ No (if you are not aware). If yes, explain (attach additional sheets as necessary). _________________________________

6. Are you (Seller) aware of any of the following conditions? * Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Present flood insurance coverage

__ Previous flooding due to a failure or breach of a reservoir or a controlled or emergency release of water from a reservoir

__ Previous water penetration into a structure on the property due to a natural flood event

Write Yes (Y) if you are aware and check wholly or partly as applicable, write No (N) if you are not aware.

__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)

__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate Flood Hazard Area-Zone X (shaded))

__ Located ( ) wholly ( ) partly in a floodway

__ Located ( ) wholly ( ) partly in a flood pool

__ Located ( ) wholly ( ) partly in a reservoir

If the answer to any of the above is yes, explain (attach additional sheets as necessary):

* For purposes of this notice:

"100-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a special flood hazard area, which is designated as Zone A, V, A99, AE, AO, AH, VE, or AR on the map;

(B) has a one percent annual chance of flooding, which is considered to be a high risk of flooding; and

(C) may include a regulatory floodway, flood pool, or reservoir.

"500-year floodplain" means any area of land that:

(A) is identified on the flood insurance rate map as a moderate flood hazard area, which is designated on the map as Zone X (shaded); and

(B) has a two-tenths of one percent annual chance of flooding, which is considered to be a moderate risk of flooding.

"Flood pool" means the area adjacent to a reservoir that lies above the normal maximum operating level of the reservoir and that is subject to controlled inundation under the management of the United States Army Corps of Engineers.

"Flood insurance rate map" means the most recent flood hazard map published by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).

"Floodway" means an area that is identified on the flood insurance rate map as a regulatory floodway, which includes the channel of a river or other watercourse and the adjacent land areas that must be reserved for the discharge of a base flood, also referred to as a 100-year flood, without cumulatively increasing the water surface elevation more than a designated height.

"Reservoir" means a water impoundment project operated by the United States Army Corps of Engineers that is intended to retain water or delay the runoff of water in a designated surface area of land.

7. Have you (Seller) ever filed a claim for flood damage to the property with any insurance provider, including the National Flood Insurance Program (NFIP)?* __ Yes __ No. If yes, explain (attach additional sheets as necessary):

*Homes in high risk flood zones with mortgages from federally regulated or insured lenders are required to have flood insurance. Even when not required, the Federal Emergency Management Agency (FEMA) encourages homeowners in high risk, moderate risk, and low risk flood zones to purchase flood insurance that covers the structure(s) and the personal property within the structure(s).

8. Have you (Seller) ever received assistance from FEMA or the U.S. Small Business Administration (SBA) for flood damage to the property? __ Yes __ No. If yes, explain (attach additional sheets as necessary):

9. Are you (Seller) aware of any of the following? Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__ Homeowners' Association or maintenance fees or assessments.

__ Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__ Any lawsuits directly or indirectly affecting the Property.

__ Any condition on the Property which materially affects the physical health or safety of an individual.

__ Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.

__ Any portion of the property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain. (Attach additional sheets if necessary): ______________________________ ________________________________________________________________ ________________________________________________________________

10. If the property is located in a coastal area that is seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the property may be subject to the Open Beaches Act or the Dune Protection Act (Chapter 61 or 63, Natural Resources Code, respectively) and a beachfront construction certificate or dune protection permit may be required for repairs or improvements. Contact the local government with ordinance authority over construction adjacent to public beaches for more information.

11. This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the Internet website of the military installation and of the county and any municipality in which the military installation is located.

_______________ ________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the foregoing notice.

_______________ ________________________________________

Date Signature of Purchaser

(c) A seller or seller's agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.

(d) The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller. If the information required by the notice is unknown to the seller, the seller shall indicate that fact on the notice, and by that act is in compliance with this section.

(e) This section does not apply to a transfer:

(1) pursuant to a court order or foreclosure sale;

(2) by a trustee in bankruptcy;

(3) to a mortgagee by a mortgagor or successor in interest, or to a beneficiary of a deed of trust by a trustor or successor in interest;

(4) by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court ordered foreclosure or has acquired the real property by a deed in lieu of foreclosure;

(5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(6) from one co-owner to one or more other co-owners;

(7) made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors;

(8) between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;

(9) to or from any governmental entity;

(10) of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes; or

(11) of real property where the value of any dwelling does not exceed five percent of the value of the property.

(f) The notice shall be delivered by the seller to the purchaser on or before the effective date of an executory contract binding the purchaser to purchase the property. If a contract is entered without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice.

(g) In this section:

(1) "Blockable main drain" means a main drain of any size and shape that a human body can sufficiently block to create a suction entrapment hazard.

(2) "Main drain" means a submerged suction outlet typically located at the bottom of a swimming pool or spa to conduct water to a recirculating pump.

Tex. Prop. Code § 5.008

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 390,Sec. 1, eff. 9/1/2023.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1337,Sec. 1, eff. 9/1/2019.

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1307,Sec. 1, eff. 9/1/2019.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 35,Sec. 2, eff. 9/1/2017.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 524,Sec. 1, eff. 1/1/2016.

Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 695,Sec. 6, eff. 9/1/2013.

Amended By Acts 2011, 82nd Leg., R.S., Ch. 578, Sec. 1, eff. 9/1/2011.

Amended By Acts 2011, 82nd Leg., R.S., Ch. 621, Sec. 1, eff. 9/1/2011.

Amended By Acts 2011, 82nd Leg., R.S., Ch. 1311, Sec. 5, eff. 9/1/2011.

Amended By Acts 2009, 81st Leg., R.S., Ch. 1178, Sec. 1, eff. 1/1/2010.

Amended By Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 20.001, eff. 9/1/2009.

Amended By Acts 2007, 80th Leg., R.S., Ch. 448, Sec. 1, eff. 1/1/2008.

Amended By Acts 2007, 80th Leg., R.S., Ch. 1051, Sec. 11, eff. 9/1/2007.

Amended By Acts 2007, 80th Leg., R.S., Ch. 1256, Sec. 22, eff. 9/1/2007.

Amended By Acts 2005, 79th Leg., Ch. 728, Sec. 17.001, eff. 9/1/2005.

Added by Acts 1993, 73rd Leg., ch. 356, Sec. 1, eff. 1/1/1994.