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A Seller's Disclosure is an important document for a home seller to share knowledge about the condition of the subject property. This is required by the Texas Property Code Section 5.008. Whether or  not the Seller is represented by a Real Estate agent, a Seller is required to share this knowledge with its buyer(s). If some of the property conditions are unknown to the Seller, the Seller should acknowledge in the disclosure. This notice is completed in its entirety to the best of the Seller's knowledge about the property.

A Seller or Seller's agent have no obligation to release information about death that occurred on the property due to natural causes, suicide, or accident unrelated to the property condition or whether previous occupant had, may have or has AIDS, HIV related illnesses or HIV infection.

This Seller's Disclosure Notice is EXEMPTED if the Seller(s) fall into one of the following categories:

1. pursuant to a court order or foreclosure;
2. by a trustee in bankruptcy;
3. to a mortgagee by a mortgagor or successor in interest, or to a beneficiary to a deed of trust by a trustor or successor in interest;
4. by a mortgagee or beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust or a sale pursuant to a court-ordered foreclosure of has acquired the real property by a deed in lieu of foreclosure;
5. by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
6. from one co-owner to one or more other co-owners;
7. made to a spouse or to a person or persons in the lineal line of consanguinity of oen or more of the transferors;
8. between spouses resulting from a divorce or a decree of legal separation or from a property settlement agreement incidental to such a decree;
9. to or from any governmental entity;
10. of new residences of not more than one dwelling unit which have not previously been occupied for residential purposes; or
11. of real property where the value of any dwelling does not exceed five percent (5%) of the value of the property.

The Texas Property Code Section 5.008 is to protect the Buyer(s) against undisclosed defects known to the Seller at the time of sale. Buyer(s) have known to sue Seller(s) for undisclosed property conditions. Hence, it is important for Sellers to fill out the Seller's Disclosure notice correctly.

Most For Sale By Owners do not know this about the Seller's Disclosure notice and it does not mean they are no responsible for not having one filled out to share with buyers or prospective buyers.