When does Texas require a seller’s disclosure notice?

Texas Property Code §5.008(a) addresses residential real property comprising no more than one dwelling unit. The familiar One to Four Family Residential Contract is a different document with a different scope. Do not use its name to conclude that this statute covers every duplex, triplex, or fourplex. (Texas Property Code §5.008, accessed October 2026).

The statute lists exceptions in subsection (e), including certain court-ordered, foreclosure, fiduciary, family, governmental, and never-occupied new-residence transfers. An inherited house is not automatically exempt merely because the seller inherited it. An attorney should assess the actual transfer, ownership capacity, and exception before anyone marks the contract’s exemption box.

For a North Dallas homeowner selling an occupied resale house in the ordinary course, prepare the notice early rather than waiting for a buyer’s inspector to raise the question. If an exception may apply, put that question on the attorney’s list before signing the sale contract. A statutory notice exemption does not settle every potential misrepresentation issue.

TREC’s current published Seller’s Disclosure Notice is form 55-1, dated May 4, 2026. Older files may contain OP-H, dated September 1, 2019. OP-H is useful for understanding a prior owner’s paperwork, but it should not be described as the current form. The statute also permits a substantially similar notice meeting its minimum items; the TREC form is not the only possible compliant notice. (TREC, Seller’s Disclosure Notice, accessed October 2026).

Ask your listing team which form is being used, who will complete it, and how supporting documents will reach the buyer. Organize your listing paperwork at 214.429.4907. The governing starting point is §5.008, not the contract’s one-to-four-family label.

Set aside time for your disclosure preparation checklist.

Do I disclose foundation work if it was repaired?

Yes, known completed foundation work belongs in the repair-history discussion when you are completing the required notice. A successful repair does not erase the fact that structural repair occurred. Avoid combining every foundation question into one answer, because the notice asks different things about the property’s past and present.

Sections 3 and 4 instruct sellers to mark yes when aware and no when not aware, then explain yes answers. Other parts of the form allow unknown. Follow the instructions for the actual question rather than leaving blanks or inventing an unknown option everywhere. (TREC 55-1, May 2026).

A seller can know that foundation repair occurred without knowing that the foundation currently has a defect. Describe those facts separately. If a report expresses a professional opinion, identify its author and date instead of converting it into your own guarantee. If cracks or binding doors have appeared since the work, tell the relevant professional and your listing team what you observed.

Your explanation should leave the buyer able to distinguish completed work from present concerns in sections 3, 4, and 5.

What documents should I gather before listing?

Start with the documents already in your possession: the prior seller’s notice, repair contract, invoice, payment receipt, engineer’s report, diagrams, follow-up evaluations, and warranty paperwork. Keep the documents intact. A summary helps buyers navigate a file, but it should not substitute for the underlying material or hide an unfavorable finding.

Create a simple index identifying what each document is and when it was prepared. Separate a proposed scope of work from the work actually completed. A contractor’s estimate is not proof of completion. An invoice marked paid is not necessarily an engineer’s evaluation of current performance. Where the file leaves a gap, name the gap rather than filling it with a confident-sounding sentence.

For example, an old proposal may show planned piers, while a later invoice describes a revised job. Ask the contractor to clarify the record in writing. Do not assume the proposal diagram represents the finished installation. If the company cannot be reached, preserve the documents and disclose what you know without manufacturing confirmation.

For a warranty, ask the issuer whether it remains in effect, what components it covers, what exclusions apply, and what transfer steps are required. A document labeled lifetime does not establish unlimited coverage or automatic transfer. Keep any written response with the warranty so a Frisco buyer and their inspector can review the same terms.

When repairs are agreed under the resale contract, paragraph 7F addresses repair documentation and transfer of transferable repair warranties. That contractual requirement should not be confused with an assurance that every historical warranty can transfer. (TREC 20-19, May 2026, paragraph 7F).

Prepare your buyer document packet at 214.429.4907, or Schedule a sale-file organization conversation. The useful deliverable is an indexed repair file with written warranty-transfer terms before your listing launches.

What if the foundation was repaired before I owned the home?

Your knowledge can include information learned from a prior owner’s notice, an inspection report, repair paperwork, or a contractor’s explanation. You do not need to have hired the contractor personally to know that repair occurred. Equally, owning an older Plano house does not establish that you know its entire structural history.

Section 5.008(d) bases completion on the seller’s knowledge and belief at that time and provides treatment for information unknown to the seller. It does not invite speculation. Where the actual form asks whether you are aware, answer that question as instructed. Where information is uncertain, explain the limits honestly and seek guidance about completing that particular field. (Texas Property Code §5.008(d), accessed October 2026).

A practical explanation might identify that the prior notice reported foundation work, that you did not commission it, and that the available documents are attached. Use the actual dates and company name only if the records support them. Do not give a hypothetical example to the buyer as though it happened at your property.

If you discover an old repair invoice while preparing the listing, add it to the file and discuss its significance before finishing the notice. Missing records call for a candid account of what is available, not a claim that the repair never happened. Ask the original contractor for duplicates where possible, and preserve your request even if no answer arrives.

Build an honest repair timeline at 214.429.4907. If form wording or a disputed fact raises a legal question, arrange attorney review of the specific §5.008 response before signing.

Talk through the records you have and the gaps to resolve.

Can I sell as is after foundation repairs in Texas?

An as-is arrangement can be part of a sale, but it does not create a blanket exemption from an otherwise applicable seller’s disclosure requirement. Disclosure tells the buyer what you know. Acceptance of condition and any promised repairs are contract matters. Read both documents instead of assuming one replaces the other.

Paragraph 7D of the current TREC resale contract defines as-is acceptance and expressly preserves the buyer’s ability to inspect, negotiate later repairs or treatments, and terminate during an applicable option period. It does not mean the buyer can force every requested repair, nor does it mean the buyer has waived every request. (TREC 20-19, May 2026, paragraph 7D).

For your McKinney listing, decide what you are actually offering: a house with documented completed work, a house with an unresolved concern, or a house where you will complete specified repairs before closing. Those are different sale preparations. Your agent can help present the facts and evaluate proposals; a qualified specialist should assess structural work.

Keep marketing language consistent with the disclosure. If the notice explains foundation history, a listing description should not imply that no structural work has ever occurred. If a report is limited to certain areas or observations, avoid a sweeping claim that the entire property has been certified problem-free.

Resolve custom releases, disputed duties, or proposed liability waivers with a Texas real estate attorney; your starting contract reference is paragraph 7D.

When should the buyer receive the disclosure?

Section 5.008(f) requires initial delivery on or before the contract’s effective date. If the required notice is supplied after the parties enter the contract, the statute gives the purchaser a seven-day termination right after receipt. The signed contract can also contain delivery terms and remedies, so put the actual dates in your transaction calendar. (Texas Property Code §5.008(f), accessed October 2026).

Paragraph 7B of TREC 20-19 distinguishes notice already received, notice to be delivered, and a seller who is not required to furnish it. Read the selected box and any completed delivery period. Do not assume an option-period expiration answers every disclosure-delivery question, or that merely uploading a file establishes the buyer’s receipt.

Use a reliable delivery record identifying the recipient, document version, and date. Include referenced attachments so the buyer can understand the explanation in context. Your agent can coordinate that process; disputed receipt or termination rights require legal advice about the actual contract and communications.

New information needs a separate response. If an inspection reveals a condition or a new report changes what you know, tell your listing team promptly. TREC’s dated legal-update guidance recommends sharing newly learned inspection conditions and supporting records with future buyers. That is useful disclosure practice, not proof that every later revision automatically restarts the statutory initial-delivery clock. (TREC, Legal Update manual, 2020–2021).

Coordinate your disclosure delivery at 214.429.4907, or Make a document-and-deadline plan for your sale. Ask an attorney how changed information affects your particular transaction rather than treating an update as an automatic seven-day reset.

How should I prepare for the buyer’s foundation questions?

A past repair file and a current inspection answer different questions. The file describes historical work. The inspection addresses observed conditions within its scope. TREC’s foundation guidance directs inspectors to report visible present indications and an opinion about performance; specialized testing or elevation tools are not automatically part of the minimum inspection. (TREC, foundation inspection guidance, accessed October 2026).

If you are seeing new symptoms, seek a qualified professional’s assessment instead of repainting first and hoping the question disappears. Provide the actual observations and existing reports. Ask whether an engineer’s evaluation is appropriate, what the evaluation covers, and what additional information would be needed. A listing agent should not diagnose foundation movement.

For a North Dallas move-up seller buying another house, prepare this file before the sale timetable becomes crowded. An unresolved structural question can affect negotiations and the coordination of your next purchase. Build room for specialist appointments, document requests, and any agreed work rather than promising that an old warranty will settle every buyer concern.

Do not assign a standard discount to every repaired foundation. Your pricing discussion should use relevant local comparisons and the property’s documented condition. The buyer’s financing and appraisal may raise separate questions, and an inspection request is not the same as a lender requirement. Have the lender or appropriate professional explain what evidence is needed.

Keep a running list of questions and written answers. It helps your team distinguish what has been resolved from what still requires work. If an inspection report conflicts with another opinion, present the reports accurately and obtain qualified advice rather than choosing the reassuring line for the listing.

Prepare for buyer inspection questions at 214.429.4907. Your concrete next step this week is a current-condition question list and an indexed repair file for the relevant inspector or engineer.

Discuss your sale timeline before the next inspection.

Does disclosing foundation repairs protect me from a lawsuit?

Accurate disclosure helps a buyer understand the property, but it is not an automatic release of claims or a guarantee that a dispute cannot arise. The notice itself states that it is not a warranty. It also does not make an incomplete explanation, misleading statement, or concealed known condition acceptable.

Potential claims depend on the facts and applicable law. A buyer’s allegation is not proof of fraud, and a known repair does not by itself establish every element of a Deceptive Trade Practices Act claim. Texas Business and Commerce Code §§17.46 and 17.50 address deceptive conduct and consumer remedies; whether those provisions apply requires legal analysis. (Texas Business and Commerce Code, accessed October 2026).

Do not rely on one deadline for all claims. DTPA §17.565 generally uses a two-year period tied to the conduct or when the consumer discovered or reasonably should have discovered it, with a limited statutory extension. Different causes of action can have different rules. Have an attorney calculate any deadline rather than assuming a notice, closing date, or complaint starts the same clock in every case.

If a dispute develops, preserve the signed notice, attachments, delivery records, inspection reports, repair correspondence, listing language, and contract amendments. Avoid revising old documents to make the history look cleaner. Ask counsel what communications and next steps are appropriate, especially if the buyer is threatening termination or a claim.

For an active dispute, the useful deliverable is a complete document chronology for counsel, including the signed notice and any §17.565 deadline question.