Texas Property Code - PROP § 5.008. Seller's Disclosure of Property Condition

(a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice prescribed by this section.

(b) The notice must be executed and must, at a minimum, read substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT	______________________________________________________
	(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

Write Yes (Y), No (N), or Unknown (U).

_____	Range	_____	Oven	_____	Microwave
_____	Dishwasher	_____	Trash Compactor	_____	Disposal
_____	Washer/Dryer	_____	Window	_____	Rain Gutters
	Hookups		Screens
_____	Security	_____	Fire Detection	_____	Intercom
	System		Equipment		System
		_____	Smoke Detector
		_____	Smoke Detector-
			Hearing Impaired
		_____	Carbon Monoxide
			Alarm
		_____	Emergency Escape
			Ladder(s)
_____	TV Antenna	_____	Cable TV	_____	Satellite
			Wiring		Dish
_____	Ceiling Fan(s)	_____	Attic Fan(s)	_____	Exhaust
					Fan(s)
_____	Central A/C	_____	Central Heating	_____	Wall/Window
					Air
					Conditioning
_____	Plumbing System	_____	Septic System	_____	Public Sewer
					System
_____	Patio/Decking	_____	Outdoor Grill	_____	Fences
_____	Pool	_____	Sauna	_____	Spa
				_____	Hot Tub
_____	Pool Equipment	_____	Pool Heater	_____	Automatic Lawn
					Sprinkler
					System
_____	Fireplace(s) &			_____	Fireplace(s) &
	Chimney				Chimney
	(Woodburning)				(Mock)
_____	Natural Gas Lines			_____	Gas Fixtures
_____	Liquid Propane Gas:	_____	LP Community	_____	LP on Property
			(Captive)
Garage:  _____ Attached	_____	Not Attached	_____	Carport
Garage Door Opener(s):	_____	Electronic	_____	Control(s)
Water Heater:	_____	Gas	_____	Electric
Water Supply:  _____ City	_____	Well _____ MUD	_____	Co-op
Roof Type:  _____________________________________________ Age: _______(approx)

Are you (Seller) aware of any of the above items that are not in working condition, that have known defects, or that are in need of repair?__ Yes __ No __ Unknown.

If yes, then describe.  (Attach additional sheets if necessary):

If the answer to the question above is no or unknown, explain.  (Attach additional sheets if necessary):  _______________

*Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements.  If you do not know the building code requirements in effect in your area, you may check unknown above or contact your local building official for more information.  A buyer may require a seller to install smoke detectors for the hearing impaired if:  (1) the buyer or a member of the buyer's family who will reside in the dwelling is hearing impaired;  (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician;  and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing impaired and specifies the locations for installation.  The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install.

Write Yes (Y) if you are aware, write No (N) if you are not aware.

_____	Interior Walls	_____	Ceilings	_____	Floors
_____	Exterior Walls	_____	Doors	_____	Windows
_____	Roof	_____	Foundation/	_____	Basement
			Slab(s)
_____	Walls/Fences	_____	Driveways	_____	Sidewalks
_____	Plumbing/Sewers/	_____	Electrical	_____	Lighting
	Septics		Systems		Fixtures

__ Other Structural Components (Describe):

If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):

Write Yes (Y) if you are aware, write No (N) if you are not aware.

_____	Active Termites	_____	Previous Structural
	(includes		or Roof Repair
	wood-destroying insects)
_____	Termite or Wood Rot Damage	_____	Hazardous or Toxic Waste
	Needing Repair
_____	Previous Termite Damage	_____	Asbestos Components
_____	Previous Termite	_____	Urea formaldehyde
	Treatment		Insulation
_____	Previous Flooding	_____	Radon Gas
_____	Improper Drainage	_____	Lead Based Paint
_____	Water Damage Not Due to a	_____	Aluminum Wiring
	Flood EventPenetration
_____	Located in 100-Year	_____	Previous Fires
	Floodplain
_____	Present Flood Insurance	_____	Unplatted Easements
	Coverage
_____	Landfill, Settling, Soil	_____	Subsurface
	Movement, Fault Lines		Structure or Pits
_____	Single Blockable Main	_____	Previous Use of Premises
	Drain in Pool/Hot		for Manufacture of
	Tub/Spa*		Methamphetamine

If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):

*A single blockable main drain may cause a suction entrapment hazard for an individual.

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Present flood insurance coverage

__ Previous flooding due to a failure or breach of a reservoir or a controlled or emergency release of water from a reservoir

__ Previous water penetration into a structure on the property due to a natural flood event

Write Yes (Y) if you are aware and check wholly or partly as applicable, write No (N) if you are not aware.

__ Located ( ) wholly ( ) partly in a 100-year floodplain (Special Flood Hazard Area-Zone A, V, A99, AE, AO, AH, VE, or AR)

__ Located ( ) wholly ( ) partly in a 500-year floodplain (Moderate Flood Hazard Area-Zone X (shaded))

__ Located ( ) wholly ( ) partly in a floodway

__ Located ( ) wholly ( ) partly in a flood pool

__ Located ( ) wholly ( ) partly in a reservoir

____________________________________________________________

* For purposes of this notice:

“100-year floodplain” means any area of land that:

“500-year floodplain” means any area of land that:

“Flood pool” means the area adjacent to a reservoir that lies above the normal maximum operating level of the reservoir and that is subject to controlled inundation under the management of the United States Army Corps of Engineers.

“Flood insurance rate map” means the most recent flood hazard map published by the Federal Emergency Management Agency under the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.).

“Floodway” means an area that is identified on the flood insurance rate map as a regulatory floodway, which includes the channel of a river or other watercourse and the adjacent land areas that must be reserved for the discharge of a base flood, also referred to as a 100-year flood, without cumulatively increasing the water surface elevation more than a designated height.

“Reservoir” means a water impoundment project operated by the United States Army Corps of Engineers that is intended to retain water or delay the runoff of water in a designated surface area of land.

____________________________________________________________

*Homes in high risk flood zones with mortgages from federally regulated or insured lenders are required to have flood insurance.  Even when not required, the Federal Emergency Management Agency (FEMA) encourages homeowners in high risk, moderate risk, and low risk flood zones to purchase flood insurance that covers the structure(s) and the personal property within the structure(s).

____________________________________________________________

Write Yes (Y) if you are aware, write No (N) if you are not aware.

_____	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.
_____	Homeowners' Association or maintenance fees or assessments.
_____	Any “common area” (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.
_____	Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.
_____	Any lawsuits directly or indirectly affecting the Property.
_____	Any condition on the Property which materially affects the physical health or safety of an individual.
_____	Any rainwater harvesting system located on the property that is larger than 500 gallons and that uses a public water supply as an auxiliary water source.
_____	Any portion of the property that is located in a groundwater conservation district or a subsidence district.

If the answer to any of the above is yes, explain.  (Attach additional sheets if necessary):  ______________________________

The undersigned purchaser hereby acknowledges receipt of the foregoing notice.

____________		______________________________________________________________________________
Date		Signature of Purchaser

(c) A seller or seller's agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.

(d) The notice shall be completed to the best of seller's belief and knowledge as of the date the notice is completed and signed by the seller.  If the information required by the notice is unknown to the seller, the seller shall indicate that fact on the notice, and by that act is in compliance with this section.

(e) This section does not apply to a transfer:

(f) The notice shall be delivered by the seller to the purchaser 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.

(g) In this section: