8 Conditions Texas Sellers Get Wrong on the Disclosure Form | T. Kerr Property Group
Seller Guide · Texas

8 Conditions Texas Sellers Get Wrong on the Disclosure Form

The Texas seller's disclosure form is the most consequential page a seller signs before a contract. Most mistakes on it are not lies. They are honest misreadings of what a question is actually asking.

8 things to know T. Kerr Property Group

Here are eight conditions Texas sellers get wrong on the disclosure form, what a correct answer looks like, and the advice worth refusing.

The eight, and what each one really asks:

01

Do I have to disclose foundation repairs that were fixed years ago?

Past foundation repair is a known condition, and repairing it does not erase it. Texas Property Code Section 5.008 requires a written notice of the property's condition on most residential sales, and previous structural repair belongs on it. Much of Central Texas sits on expansive clay that moves with moisture, so buyers here look for this answer first.

What the correct answer is

A correct answer marks the item yes and attaches the paper: the engineer's letter, the repair invoice, the date, and any transferable warranty. Disclosure plus documentation usually settles the question in a day. Disclosure with nothing behind it invites an inspection fight later.

Red flag

Being told that a repaired slab is no longer a defect, so the box can stay blank. The form asks about conditions the seller is aware of, not only conditions still broken today. Leaving it blank is the version that creates liability.

02

Does a roof leak that was repaired still go on the disclosure?

Previous water penetration is a disclosable condition even after the leak was fixed. The form asks what the seller is aware of, and a past leak is knowledge. Central Texas storms drive wind and hail damage, so a roof with a claim history is common here. Buyers and their insurers both check that history.

What the correct answer is

A correct answer names what leaked, when it happened, who repaired it and whether insurance paid. Claim history follows the property, so a buyer's agent can often see the claim before the seller mentions it. Getting there first costs nothing and removes the surprise.

Red flag

Marking no because the ceiling looks fine now. A repaired leak is still a known past condition. A buyer who finds the claim record after closing holds a signed form saying otherwise.

03

What actually counts as flooding on the Texas seller's disclosure?

The Texas disclosure asks about flooding, water penetration and whether the property sits in a flood zone or a flood pool. Water that stood in a yard, ran into a garage, or entered a structure all matter. Sellers often read the question as meaning a declared disaster only. The form is much broader than that.

What the correct answer is

A correct answer separates the three questions the form actually asks: what has flooded, what the maps say, and whether a claim was ever filed. Pull the current flood map for the address rather than trusting what a builder said years ago. Map lines get redrawn.

Red flag

A seller answering from memory of one big storm. Drainage complaints from a neighbor, standing water after heavy rain, and a prior claim are separate facts. Answering only the dramatic one leaves the ordinary ones undisclosed.

04

Do I have to disclose a room addition that was never permitted?

Unpermitted improvements are a disclosable item, and the form asks about them directly. A converted garage, an enclosed patio or a finished attic all count when the work was done without permits. An appraiser will usually leave unpermitted space out of living area, so the issue reaches value as well as liability.

What the correct answer is

A correct answer pulls the permit records for the address before the home is listed, then states plainly what is permitted and what is not. Retroactive permitting is sometimes possible. Knowing the answer early leaves time to choose.

Red flag

Being told to advertise the square footage anyway and let the appraiser sort it out. That sets up a dispute at the worst moment in the deal. It puts the seller's signed disclosure at risk at the same time.

05

Does a MUD or PID have to go on the seller's disclosure?

District and association obligations are disclosure items, and they carry a separate notice of their own. TREC promulgates the Notice to Purchaser of Special Taxing or Assessment District, which a seller inside a MUD or PID must deliver to the buyer. Municipal utility districts are created under Texas Water Code Chapter 54 and levy their own tax.

What the correct answer is

A correct answer names the district, delivers the notice early, and lists every association the property belongs to with its dues and any transfer fees. Plenty of Williamson County homes sit inside a district, so this is routine rather than alarming when it gets handled up front.

Red flag

Leaving the district notice for the closing table. Buyers find the extra rate in the payment estimate anyway. Late delivery reads as something hidden rather than something normal, and it can hand a buyer a right the seller never intended to give.

06

How should acreage sellers handle a septic system or a well on the form?

The disclosure asks about the water source and the wastewater system, and those answers carry real weight outside city services. An on site sewage facility needs permit records, a maintenance contract in many cases, and an honest note on its age. In Georgetown, Round Rock and Liberty Hill, where T. Kerr Property Group works, acreage homesites make these questions routine.

What the correct answer is

A correct answer hands over the county permit for the system, the last inspection or pumping record, and the maintenance agreement where one exists. Buyers on acreage ask about water and wastewater before they ask about the kitchen, and lenders sometimes ask as well.

Red flag

Answering city water and city sewer because that is what the last house had. The two systems differ in cost and in risk. A wrong answer on this line is a factual error on a signed form.

07

Can a seller just mark unknown when they are not sure about something?

Unknown is an honest answer only when the seller genuinely does not know. A form full of unknowns on items an owner would reasonably know reads as evasive. It invites a harder inspection and a tougher negotiation. Across the market, buyers have been regaining leverage, and a vague form gives them a reason to push.

What the correct answer is

A correct answer uses unknown where it belongs, such as work done by a previous owner, and then says so in the comments. A short written note explaining why an item is unknown costs one sentence and removes most of the suspicion.

Red flag

An agent who suggests marking unknown to keep the form looking clean. That advice raises the seller's risk and the buyer's suspicion at the same time. The form is signed by the seller, not by the agent.

08

What happens if something breaks after the disclosure is signed?

A disclosure describes the property's condition as of the date it gets signed, and conditions change. A system that fails during the option period, a storm that damages the roof, or a leak found after listing are all new facts. The honest and safer path is an updated form delivered to the buyer in writing.

What the correct answer is

A correct answer treats the disclosure as a living document. New condition, updated form, dated delivery, and a record that the buyer received it. That record is what protects the seller if the issue surfaces after closing.

Red flag

Being told the form was already signed, so nothing further is needed. A seller who knew about a new defect and said nothing has a problem that outlives the closing date.

This article is general information about the Central Texas market and is not legal, tax or financial advice. Statutes, exemptions and district rules change. Confirm anything that affects a decision with a licensed attorney, a tax professional or the Williamson Central Appraisal District before acting on it.

Common Questions

Frequently asked questions.

What is a seller not required to disclose in Texas?

The written notice covers the condition of the property, not every fact about it. Texas Property Code Section 5.008 sets out the notice and what it asks. A seller should answer every question on that form honestly and completely. Anything a seller is unsure about belongs in the comments rather than left blank.

Can a buyer sue a seller over a false answer on the disclosure?

A seller who knowingly gives a false answer can face a claim after closing, and a signed form is written evidence. That is the practical reason the notice rewards completeness over brevity. A disclosed and documented issue costs far less to handle than an undisclosed one. Confirm the legal exposure with a Texas attorney before deciding what to leave off.

Does disclosing a past problem lower the sale price?

Usually not, when the disclosure arrives with paperwork attached. Buyers price uncertainty rather than repairs. A repaired issue with an invoice, a date and a warranty reads as maintenance. The same issue discovered by an inspector during the option period reads as a reason to renegotiate or to walk.

Does a seller still fill out the form when the house is sold as is?

Selling as is describes who pays for repairs, not whether the seller must disclose. The written notice is still required on most residential sales, and as is language does not cancel it. A buyer can accept the property in its current condition and still rely on the answers written on the form.

How far back should a seller go when listing past repairs?

As far back as the seller's own knowledge goes. The form asks what the seller is aware of, so ownership is the natural boundary. Work done by a previous owner can be marked unknown with a short note. A top real estate agent in Georgetown will read the form line by line with the seller before it gets signed.

Talk It Through

Fill the form out once, and fill it out correctly

T. Kerr Property Group is a residential real estate team serving Georgetown, Round Rock, Liberty Hill and the wider Williamson County market. Sellers comparing Georgetown realtors before a listing can have the disclosure walked through line by line, with the district notices and the repair records gathered before the home goes live.

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