Sec. 5.008. SELLER'S DISCLOSURE OF PROPERTY CONDITION

1. (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.

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

   1. (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;
   2. (B) has a one percent annual chance of flooding, which is considered to be a high risk of flooding; and

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

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

   4. (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

   5. (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.

      *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).

      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.

      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

   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).

   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.

   *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.

   __ 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.

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

   ________________________________________________________________

   ________________________________________________________________

   *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

   * For purposes of this notice:

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

3. (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.
4. (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.

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

   1. (1) pursuant to a court order or foreclosure sale;
   2. (2) by a trustee in bankruptcy;
   3. (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. (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. (5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
   6. (6) from one co-owner to one or more other co-owners;
   7. (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. (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. (9) to or from any governmental entity;
   10. (10) of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes; or
   11. (11) of real property where the value of any dwelling does not exceed five percent of the value of the property.
6. (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.

7. (g) In this section:

   1. (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. (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.

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

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 17.001, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 448 (H.B. 271), Sec. 1, eff. January 1, 2008.

Acts 2007, 80th Leg., R.S., Ch. 1051 (H.B. 2118), Sec. 11, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 22, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.001, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1178 (H.B. 3502), Sec. 1, eff. January 1, 2010.

Acts 2011, 82nd Leg., R.S., Ch. 578 (H.B. 3389), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 621 (S.B. 710), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 5, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 695 (H.B. 2781), Sec. 6, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 524 (H.B. 1221), Sec. 1, eff. January 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 35 (H.B. 890), Sec. 2, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1307 (H.B. 3815), Sec. 1, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1337 (S.B. 339), Sec. 1, eff. September 1, 2019.

Acts 2023, 88th Leg., R.S., Ch. 390 (H.B. 697), Sec. 1, eff. September 1, 2023.