Under Texas Property Code Section 5.008, a seller of residential real property with not more than one dwelling unit must give the purchaser a written seller's disclosure notice, unless a listed exception applies. Selling as-is, or selling to a cash buyer, is not one of those exceptions. The notice states the seller's knowledge. It is not a warranty.
Not legal advice. This page is educational. It explains public sources we read on October 13, 2026: Texas Property Code Section 5.008 on the Texas Constitution and Statutes site, which states that its statutes are current through the 89th 2nd Called Legislative Session, 2025, and Texas Real Estate Commission Seller's Disclosure Notice Form 55-1. Consult a Texas real estate attorney or a licensed Texas broker before you sign a contract or mark a disclosure form.
Do I have to disclose if I sell my Texas house as-is?
Yes, when Texas Property Code Section 5.008 covers the house. Subsection (a) says a seller of residential real property comprising not more than one dwelling unit located in this state shall give the purchaser a written notice as prescribed by the section, or a written notice substantially similar to it that contains, at a minimum, all of the items in the prescribed notice. The statute does not add the words "unless the contract says as-is."
The notice printed in Section 5.008(b) says it is a disclosure of the seller's knowledge of the condition of the property as of the date signed by the seller. It is not a substitute for any inspections or warranties the purchaser may wish to obtain. It is not a warranty of any kind by the seller or the seller's agents. An as-is line in the purchase contract is about repairs. The statutory notice is the separate written form.
Section 5.008(d) says the notice shall be completed to the best of the seller's belief and knowledge as of the date the seller signs it. If the information is unknown, the seller shall indicate that fact on the notice, and by that act is in compliance with this section. Mark unknown when you do not know. The Texas Real Estate Commission publishes Seller's Disclosure Notice Form 55-1, effective May 28, 2026, for previously occupied single-family residences and for contracts entered on or after September 1, 2023. The Form 55-1 PDF says TREC prepared it in accordance with Section 5.008(b) and that it replaces Form 55-0. Pricing context, separate from this notice, is in the complete guide to selling a house as-is.
Do I have to disclose to a cash buyer in Texas?
Yes, when Section 5.008 applies. The statute says the seller shall give the notice to the purchaser. It does not split purchasers into cash and financed. A buyer who wires funds to a title company is still the purchaser named in Section 5.008(a) and Section 5.008(f).
The TREC groundwater FAQ says the Seller's Disclosure Notice is required in most residential transactions under Section 5.008. It also says the Section 5.008 exceptions differ from the water-rights notice inside a TREC contract. A cash deal that never uses a TREC contract is still checked against Section 5.008.
Section 5.008(f) says the notice shall be delivered on or before the effective date of an executory contract binding the purchaser to purchase the property. The trigger is that effective date, not a loan approval. Home Pros (Balint Holdings, LLC) buys for cash. Send the address on the cash offer form if you want a number. The written offer window is 24 hours. The fastest close is 7 days. A typical close is 14 to 30 days. Home Pros pays closing costs, is veteran-owned, was founded in 2025, and is based in San Antonio. Those facts describe the purchase. They do not waive Section 5.008. Markets are on the sell my house fast hub and the Texas page.
What does the Texas seller disclosure form ask?
The notice in Section 5.008(b), and Form 55-1, asks the seller to mark what is present and what the seller is aware of. Item 1 covers systems and fixtures, including roof type and approximate roof age, and whether any listed item is not working, has a known defect, or needs repair. Item 3 asks about known defects in walls, the roof, the foundation or slab, plumbing, and electrical systems. Item 5 asks whether any item, equipment, or system needs repair.
Item 4 is the damage list. It asks whether the seller is aware of active termites or wood-destroying insects, termite or wood-rot damage needing repair, previous termite damage or treatment, hazardous or toxic waste, asbestos, radon, lead based paint, aluminum wiring, urea-formaldehyde insulation, improper drainage, water damage not due to a flood event, previous fires, previous structural or roof repair, unplatted easements, landfill, soil movement, or fault lines, a subsurface structure or pits, a single blockable main drain in a pool, hot tub, or spa, and previous use of the premises to manufacture methamphetamine. A yes asks for an explanation.
Item 2 points to Chapter 766 of the Texas Health and Safety Code on working smoke detectors in one-family and two-family dwellings. The same note says a buyer may request detectors for a hearing-impaired occupant within 10 days after the effective date, with written evidence from a licensed physician. Item 9 asks about additions or repairs made without required permits, homeowners' association fees, deed-restriction or ordinance notices, lawsuits, any condition that materially affects physical health or safety, a rainwater system larger than 500 gallons tied to a public water supply, and whether any part of the property is in a groundwater conservation district or a subsidence district.
What flood, coastal, and insurance items are on the Texas notice?
Items 6, 7, and 8 of the statutory notice are the flood questions. Item 6 asks about present flood insurance, previous flooding from a reservoir failure, breach, or controlled or emergency release, and previous water penetration from a natural flood event. It also asks whether the property lies wholly or partly in a 100-year floodplain, a 500-year floodplain, a floodway, a flood pool, or a reservoir. The notice defines a 100-year floodplain as a special flood hazard area on the flood insurance rate map with a one percent annual chance of flooding, and a 500-year floodplain as Zone X shaded, a moderate flood hazard area with a two-tenths of one percent annual chance of flooding. That map is the most recent one published by the Federal Emergency Management Agency. Item 7 asks about a flood-damage claim, including a claim with the National Flood Insurance Program. Item 8 asks about assistance from FEMA or the U.S. Small Business Administration.
Item 10 names the Open Beaches Act and the Dune Protection Act (Natural Resources Code Chapters 61 and 63) for land seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide on the Gulf of Mexico. Item 11 points to a military installation's compatible-use study. Form 55-1 item 9 also asks about conservation easements, property insurance, windstorm insurance, inability to insure, a private road the seller maintains, and storage tanks, and it points tank owners to 30 Texas Administrative Code Chapter 334. Section 5.008(c) states no duty under this section to disclose a death by natural causes, suicide, or an accident unrelated to condition, or a previous occupant's AIDS or HIV status.
Which Texas transfers skip the seller disclosure notice?
Section 5.008(e) says this section does not apply to eleven kinds of transfer. The table below uses those categories in short form. The full sentences are in the statute linked above. A sale can be as-is and still miss every row. This table is not a ruling on your deed.
| Subsection | Transfer described in the statute |
|---|---|
| (e)(1) | Court order or foreclosure sale |
| (e)(2) | Transfer by a trustee in bankruptcy |
| (e)(3) | Mortgagor to mortgagee, or trustor to a deed-of-trust beneficiary |
| (e)(4) | Lender who took the property by foreclosure, power of sale, or deed in lieu |
| (e)(5) | Fiduciary administering a decedent's estate, guardianship, conservatorship, or trust |
| (e)(6) | One co-owner to one or more other co-owners |
| (e)(7) | To a spouse, or to a person in the lineal line of consanguinity of a transferor |
| (e)(8) | Between spouses under a dissolution decree, legal separation, or related settlement |
| (e)(9) | To or from a governmental entity |
| (e)(10) | New one-unit residence never previously occupied for residential use |
| (e)(11) | Dwelling value does not exceed five percent of the property value |
Subsection (e)(5) is the row heirs ask about: a fiduciary administering a decedent's estate, guardianship, conservatorship, or trust. An heir who already holds title may be outside that row. A Texas real estate attorney should read the deed and the probate papers. Sale steps for an inherited Bexar County house are in selling an inherited house in San Antonio. The amendment list under Section 5.008 ends with H.B. 697, effective September 1, 2023. The legislature site says the statutes are current through the 89th 2nd Called Legislative Session, 2025.
What if the Texas disclosure notice is delivered late?
Section 5.008(f) sets both the deadline and the consequence printed in the statute. The notice shall be delivered 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.
The seven days run from receipt of the notice, not from the day the contract was signed. The statute says the purchaser may terminate for any reason inside that window. It does not say the buyer must prove a defect in order to use those seven days. Delivering the form with the contract, or before the effective date, is the path the subsection describes. Handing it over after the buyer has already become bound opens the seven-day termination right.
Put the notice in the packet before anyone signs. A cash contract can become effective the day both sides sign. Home Pros can still send a written offer within 24 hours while you fill out the form. Call (830) 510-1597 if you want to set the date first.
What should I tell a cash buyer about known damage?
Tell the purchaser what you know, on the notice, when Section 5.008 applies. As-is changes who pays for repairs before closing. It does not delete the blanks for foundation or slab, previous fires, water damage that was not a flood, or the flood questions in items 6 through 8. If you have lived with a roof leak, a slab crack, mold from a plumbing leak, or a storm claim, the form is where that knowledge goes, with the explanation the yes-answer lines request.
Home Pros buys the house as-is. The offer starts from after-repair value, then subtracts repairs, our margin, and holding costs. Known damage changes the repair number. It does not require you to fix the house before you ask for the offer. The formula is on how we calculate your offer. A repair guess can go through the cash offer calculator. The choice between repairing and selling in current condition is discussed in selling as-is versus making repairs.
Condition posts next to this statute are selling a house with mold as-is and selling a fire, storm, or water damaged house as-is. The company overview is on we buy houses, and the San Antonio page is sell my house fast in San Antonio.
Home Pros is BBB accredited. The Google listing shows a 4.9 rating from 98 reviews. None of that is a legal opinion on your notice. Bring the completed form, or the question you cannot answer, to a Texas real estate attorney or a licensed Texas broker before you sign.
Frequently asked questions
Do I have to disclose defects if I sell my house as-is in Texas?
Section 5.008 requires a written seller's disclosure notice for residential real property with not more than one dwelling unit, unless one of the eleven exceptions in Section 5.008(e) applies. An as-is clause is not on that list. The notice is the seller's knowledge as of the date the seller signs it. The notice says it is not a warranty of any kind by the seller or the seller's agents. This is not legal advice.
Do I have to give a seller disclosure to a cash buyer in Texas?
Yes, when Section 5.008 applies. The statute says the seller shall give the notice to the purchaser. It does not create a separate rule for a buyer who pays cash. TREC's page for Seller's Disclosure Notice Form 55-1 says the form is required by sellers of previously occupied single-family residences. A cash contract is still a contract for the sale of real property. This is not legal advice.
What is the Texas seller disclosure form for an as-is sale?
The Texas Real Estate Commission publishes Seller's Disclosure Notice, Form 55-1, effective May 28, 2026. TREC says the form contains information required by Texas Property Code Section 5.008 and is for contracts entered into on or after September 1, 2023. The PDF states the form was prepared in accordance with Section 5.008(b) and that it replaces Form 55-0. The notice is the seller's knowledge of condition. It is not a warranty. This is not legal advice.
Which Texas home sales do not require a seller disclosure notice?
Section 5.008(e) lists eleven transfers that skip the notice. They include foreclosure, a bankruptcy trustee, certain lender transfers, a fiduciary administering an estate, guardianship, or trust, co-owners, a spouse or a person in the lineal line of consanguinity, a dissolution transfer, a government transfer, a new never-occupied residence, and a dwelling worth five percent or less of the property. Match your deed to the statute. This is not legal advice.
How many days does a Texas buyer have if the disclosure notice is late?
Section 5.008(f) says the seller must deliver the notice on or before the effective date of an executory contract that binds the purchaser to buy the property. If the contract is signed without that notice, the purchaser may terminate the contract for any reason within seven days after receiving the notice. The seven days start when the purchaser receives the notice. This is not legal advice.
Does a Texas as-is sale remove flood, fire, or foundation questions?
No. The statutory notice asks whether the seller is aware of foundation or slab defects, previous fires, water damage that was not a flood, previous flooding, flood-insurance claims, and FEMA or SBA flood assistance. It also asks whether the seller is aware that the property sits wholly or partly in a 100-year floodplain, a 500-year floodplain, a floodway, a flood pool, or a reservoir. An as-is clause is not an exception in Section 5.008(e). This is not legal advice.
What if I do not know the answer on the Texas disclosure notice?
Section 5.008(d) says the notice is completed to the best of the seller's belief and knowledge as of the date the seller signs it. If the information is unknown, the seller shall indicate that fact on the notice, and by that act the seller is in compliance with the section. The form uses Yes, No, and Unknown on many items. Marking Unknown is the statute's path when you do not know. Do not guess. This is not legal advice.
Sources
These are the pages cited above. They are not a legal opinion on your contract, your deed, or your notice.
- Texas Property Code Section 5.008 (statutes current through the 89th 2nd Called Legislative Session, 2025): one-dwelling-unit notice, knowledge standard in (d), eleven exceptions in (e), seven-day termination right in (f). Amendment list ends with H.B. 697, effective September 1, 2023.
- TREC Seller's Disclosure Notice, Form 55-1, effective May 28, 2026, for previously occupied single-family residences and contracts entered on or after September 1, 2023.
- TREC Form 55-1 PDF: prepared in accordance with Section 5.008(b), replaces Form 55-0, and adds insurance, windstorm, and storage-tank questions, with a pointer to 30 Texas Administrative Code Chapter 334.
- TREC groundwater FAQ: the Seller's Disclosure Notice is required in most residential transactions under Section 5.008, and those exceptions differ from the water-rights notice in a TREC contract. TREC says the FAQ is not legal advice.
Not legal advice. Statutes and TREC forms change. Your deed, your contract, and the county where the house sits control the sale. Consult a Texas real estate attorney or a licensed Texas broker before you sign.