Texas law requires a seller of residential property to provide a Seller's Disclosure Notice to a buyer (Tex. Prop. Code § 5.008). This page summarizes the duties you are acknowledging when you check the "Seller's Disclosure Notice acknowledged" box during listing setup.
Honesty & completeness
I/We must disclose all known material defects and property conditions to the best of my/our knowledge. The notice is based on what the seller actually knows; it is not a warranty, but knowingly omitting a defect can create liability.
Ongoing duty to update
My duty to disclose continues until the day of closing. If a new issue arises after the notice is signed — for example, a roof leak during a storm, an HVAC failure, or a plumbing burst — I must update the disclosure promptly and provide the updated notice to the buyer.
Liability
Failure to disclose known defects can lead to legal action under the Texas Deceptive Trade Practices Act (DTPA) and other consumer protection statutes. I acknowledge that ListQik.com and its brokers have not inspected the property and rely solely on my representations.
Previous repairs & ongoing duty
Texas law requires disclosure of all known previous repairs, even if the issue is believed to be fully resolved. This includes, but is not limited to:
- Structural & foundation. Any history of leveling, pier installation, slab cracking, or foundation movement.
- Water & roof. Any previous roof leaks, plumbing repairs, slab leaks, or water penetration into the structure.
- Mechanical. Major repairs to HVAC, electrical panels or wiring, water heaters, pool equipment, or spa systems.
- Insurance claims. Any claims filed for property damage (e.g., hail, fire, wind, freeze, or water damage), regardless of whether the funds were used for repairs.
- Termites & pests. Any prior termite, wood-destroying insect, or rodent treatment, even when no current activity is present.
Documentation
I/We agree to provide copies of any available warranties, invoices, engineering reports, or structural reports for these repairs to the buyer. Keep records of contractors, dates, and scope of work — buyers and inspectors routinely request them.
Acknowledgement
By checking the "Seller's Disclosure Notice acknowledged" box in your listing setup, you confirm that you have read and understand these duties and agree to provide a complete, current Seller's Disclosure Notice and to update it through the day of closing.
This page summarizes seller disclosure duties under Texas law. It is not legal advice. For the official form, see TREC OP-H (Seller's Disclosure Notice).