Sell in Austin with Meydomo

Seller’s Disclosure Notice

Texas law (Tex. Prop. Code §5.008) requires sellers of single residential dwellings (and condos/townhomes) to provide a written **Seller’s Disclosure Notice** to buyers **prior to executing a sales contract**. The notice must include information on: the condition of the property’s structural components, electrical, plumbing, HVAC, any known defects or malfunctions, termites or other pest infestations, presence of hazardous materials (like radon, asbestos), any prior water damage or fire, etc. The Texas Real Estate Commission (TREC) promulgates a standard form for this. Some transfers are exempt (estate sales by executors, foreclosure by bank, new builder homes, between co-owners, etc.). If a seller fails to give the notice on time, the buyer may have the right to terminate the contract at any point before closing (the statute used to allow termination within 7 days of receiving it late). Importantly, Texas law says that providing the disclosure notice does not substitute for or waive any common law duty to disclose known material defects. Texas also has separate required disclosures: sellers must inform buyers if the property is in a MUD (utility district) or floodplain, and for certain coastal properties, a coastal access and erosion notice (which typically are separate forms or addenda provided alongside the disclosure notice). Additionally, if the property has had insurance claims for certain mold or foundation issues, those should be disclosed. Another new requirement: in 2021, Texas mandated that sellers disclose if the property has had any known flooding or is located in a 100-year or 500-year floodplain and the amount of any flood insurance claims – the TREC form has been updated to capture this information. Lastly, Texas sellers of properties with septic systems must provide info about the septic (and if it’s an aerobic system, a maintenance contract must be transferred).

• Tex. Prop. Code §5.008:contentReference[oaicite:229]{index=229}

MLS Practices

Texas MLSs (e.g., HAR MLS in Houston, NTREIS in Dallas) require a listing agreement. Clear Cooperation is enforced. MLS listings usually have fields indicating if the seller’s disclosure is attached or available – and often the PDF of the signed Seller’s Disclosure Notice is uploaded for agents. If a seller is exempt, agent remarks usually say 'Seller exempt from disclosure' (e.g., bank-owned). MLS provides fields like floodplain (yes/no) and MUD district (yes/no), which align with things sellers must disclose; agents fill those to match the seller’s notice. Texas is known for many required addenda (MUD, Propane gas service areas, etc.), and in MLS, agent remarks may mention 'MUD notice required' as a heads-up, though it’s contractually handled. HAR MLS actually has a field to flag if a property is in a MUD and requires that notice, given how common it is. As for fair housing, MLSs remove any offside language – though in TX, you seldom see overt stuff in remarks anyway. Photos are required (one front photo minimum). Some Texas MLSs have rules about not showing people or signs in photos. Also, interestingly, in Dallas’s NTREIS MLS, there is a field to input the 'energy efficiency score' if the city (like Austin) required an audit, which is rarely used outside Austin. Summarily, MLS cooperates by distributing the disclosures but leaves enforcement to the legal side; if an agent didn’t provide a disclosure timely, buyer’s remedy is legal termination, not an MLS fine (unless something like status was misreported).

• HAR MLS Rules
• NTREIS MLS Data Fields

Lead-Based Paint Hazard Disclosure

Federal law requires sellers of target housing (pre-1978) to disclose known lead-based paint hazards and give buyers the EPA pamphlet, with a 10-day opportunity for lead inspection.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Federal and Texas law prohibit discriminatory statements in housing ads. Texas adds protected classes like ancestry and status as a parent. So no advertising 'no children' or 'Christians only' etc. is allowed.

• 42 U.S.C. §3604(c)
• Tex. Prop. Code §301.022