Texas Seller's Disclosure Notice: What Tyler and Longview Sellers Need to Know

The short answer

If you are selling a previously occupied single-family home in Tyler, Longview, or anywhere else in Texas, you generally must give the buyer a written Seller's Disclosure Notice. Texas Property Code Section 5.008 requires it, and the Texas Real Estate Commission (TREC) publishes the standard form. Deliver it on or before the day the contract becomes effective. If you do not, the buyer can terminate the contract for any reason within seven days after receiving the notice.

What the law requires

Texas Property Code Section 5.008 says a seller of residential real property comprising not more than one dwelling unit in Texas must give the buyer a written notice as prescribed by the statute, or a substantially similar notice that contains at least all of the same items.

TREC's Seller's Disclosure Notice page lists the current form as Form 55-1, with an effective date of May 28, 2026. TREC describes it as required for sellers of previously occupied single-family residences and says it contains the information Section 5.008 requires about material facts and the physical condition of the property. If you or your agent saved a copy of the form a while ago, download the current version from TREC before you fill it out.

When to deliver it

Timing is where sellers get into trouble. Under Section 5.008(f), the notice must be delivered on or before the effective date of a contract binding the buyer to purchase. If a contract is signed without it, the buyer may terminate the contract for any reason within seven days after receiving the notice.

In a market where buyers already have choices, handing a buyer an easy exit is the last thing you want. Complete the notice before you list, so it is ready when the first serious offer arrives.

What the form asks about

The current TREC form is detailed. Among other things, it asks about:

• The property's items and systems, including the roof type and approximate age.
• Known defects or malfunctions in the roof, foundation, walls, plumbing, electrical systems, and more.
• Conditions you are aware of, such as previous structural or roof repair, water damage not caused by a flood event, and active termites.
• Items in need of repair.
• Flood questions, including current flood insurance coverage, whether the property is wholly or partly in a 100-year or 500-year floodplain, previous flooding, whether you have ever filed a flood claim with any insurer (including the National Flood Insurance Program), and whether you have received FEMA or SBA assistance for flood damage.
• Other items, such as unpermitted additions or repairs, HOA fees, lawsuits affecting the property, whether the property is currently insured, and whether you have been unable to insure it.

The form states it is a disclosure of the seller's knowledge as of the date signed and is not a substitute for inspections or warranties the buyer may want.

Who does not have to provide it

Section 5.008(e) lists transfers the requirement does not apply to. Examples include transfers under a court order or foreclosure sale, by a fiduciary administering an estate, guardianship, or trust, between co-owners, to a spouse or certain relatives, to or from a governmental entity, and sales of a new home that has never been occupied. If you think your sale might be exempt, confirm with your agent or a Texas real estate attorney before relying on it.

Practical tips for East Texas sellers

1. Fill it out yourself. It is the seller's disclosure of what the seller knows. Your agent can explain the form, but the answers need to come from you.
2. Pull your records first. Roof replacement dates, repair invoices, insurance claims, and any flood history make the answers accurate.
3. Use "unknown" honestly. Some sections of the form allow Yes, No, or Unknown. Do not guess.
4. Explain your "yes" answers. A short, clear explanation of a past repair often reassures a buyer more than a bare checkbox.
5. Update it if something changes. If a storm damages the roof after you complete the form, talk to your agent about updating the disclosure.

Why this matters right now

Financing costs are high. Freddie Mac's Primary Mortgage Market Survey put the average 30-year fixed rate at 7.03% as of September 24, 2026, up from 6.95% the week before. Buyers paying more to borrow tend to scrutinize a home closely. A complete, honest disclosure delivered on time helps keep a deal together.

Next step

Thinking about listing in Tyler or Longview? Start with our East Texas home sellers page. This article is general information, not legal advice.

Talk with On The Market Texas