Texas Seller's Disclosure: What Argyle and Northlake Sellers Must Know

The Notice Texas Law Requires

Texas Property Code Section 5.008, the Seller's Disclosure of Property Condition, applies to the sale of residential real property comprising not more than one dwelling unit. For a typical single-family home in Argyle or Northlake, that means the seller must give the buyer a written disclosure notice completed to the best of the seller's belief and knowledge as of the date it is signed. The form includes "Unknown" boxes for items the seller genuinely has no knowledge of, and answering "Unknown" is treated differently from guessing.

The statutory text of the law is in Section 5.008 of the Texas Property Code, and the Texas Real Estate Commission posts the current Seller's Disclosure Notice on its forms page. The current TREC form is the Seller's Disclosure Notice, Form 55-1, effective May 28, 2026. The notice is completed by the seller, not by the listing agent. The agent can help you obtain and review it, but the answers are yours, based on your actual knowledge of the property.

Two things the notice is not: it is not a warranty, and it is not a substitute for a professional inspection. A buyer who relies on the notice and skips an inspection takes on risk the notice never promised to cover. In practice, many buyers in North Texas order their own inspection, but the disclosure duty exists separately from the inspection and cannot be transferred to it.

When the Notice Must Be Delivered

The notice must be delivered to the buyer on or before the effective date of the sales contract. This is a timing requirement, so waiting until the week of closing is too late. If the seller fails to provide the notice, the buyer may terminate the contract for any reason within seven days after receiving it. That termination right is the statute's stated remedy for a late or missing notice, and the practical effect is that an unplanned termination usually costs the seller time, marketing momentum, and sometimes the sale itself.

The clean way to avoid the problem is to complete the notice before the home goes on the market, or at least before the first offer arrives. That way the document is ready the day a contract is signed, and the seller answers questions from a settled state of mind rather than under contract-day pressure. Your listing agent will typically provide the current form and walk you through each section; the answers and the "Unknown" choices remain yours.

What the Notice Covers

The statutory notice asks about the condition and working order of the property's equipment, fixtures, and improvements, and about the property's age. The current TREC form, Form 55-1, carries that statutory framework into a checklist that also covers items such as insurance, easements, private-road maintenance, storage tanks, groundwater or subsidence districts, and rainwater-harvesting systems. The major categories sellers ask about most include:

• Whether working smoke detectors are installed as required by Health and Safety Code Chapter 766, which sets Texas smoke-detector requirements for existing dwellings.
• Known defects or malfunctions in the interior and exterior walls, ceilings, floors, doors, windows, roof, foundation, slabs, driveways, sidewalks, fences, electrical systems, lighting fixtures, plumbing, sewers, and septic systems.
• Known conditions such as previous structural or roof repairs, previous flooding, termite or wood-destroying insect damage, hazardous or toxic waste, asbestos components, urea formaldehyde insulation, radon gas, settling, soil movement, and subsurface water.
• Room additions, structural modifications, or alterations or repairs made without necessary permits or not in compliance with building codes.
• Homeowners' association fees and assessments, and the condition of common-area facilities such as pools, tennis courts, and recreation areas.

These categories do not list every question on the form; the form itself is the authoritative question set, and it should be reviewed in full before you answer. Read it alongside the specific questions and the "Yes / No / Unknown" columns. The TAMU Real Estate Center has examined how sellers use the "Unknown" answer and how buyers and courts may interpret it, in The Checkbox That Could Change Everything. The honest guidance is simple: mark what you know, mark "Unknown" when you truly do not know, and do not guess.

A Separate 2026 Water Disclosure: TREC Form 61-0

A separate disclosure covers water rights. The Seller's Disclosure about Groundwater and Surface Water Rights, Form 61-0, effective July 1, 2026, is separate from the Seller's Disclosure Notice, Form 55-1, and addresses groundwater and surface-water rights associated with the property.

Form 61-0 is not required by Property Code Section 5.008 itself in every transaction. When the parties use an applicable TREC contract, the disclosure is generally provided unless all exception conditions in the applicable contract are met. Sellers with questions about a property's water rights, or about whether the form applies to their transaction, should review the current contract and consult a qualified Texas attorney. TREC's FAQ on the Seller's Disclosure about Groundwater and Surface Water Rights explains when the form applies.

Flood Disclosure: What SB 339 Added

Senate Bill 339, enacted in the 86th Legislature, took effect September 1, 2019, and expanded the flood questions on the Seller's Disclosure Notice. Before the law, sellers disclosed whether the property sat in a 100-year floodplain. After it, the notice also asks about:

• Whether the seller carries flood insurance on the property.
• Previous flooding caused by the failure or breach of a reservoir, or by 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.
• Whether the property is wholly or partly located in a 100-year floodplain (a Special Flood Hazard Area with a 1 percent annual chance of flooding), a 500-year floodplain (a moderate flood hazard area with a 0.2 percent annual chance), a floodway, a flood pool, or a reservoir. The bill's text is available from the Texas Legislature, and the Texas Tribune's August 2019 report explains what changed for sellers.

In Denton County, flood status varies street by street. A home in a newer master-planned community can sit entirely outside any mapped floodplain while a home a few blocks away, along a creek or drainage corridor, may be inside one. Check the property by address on the flood maps, and review any prior flood claims or FEMA assistance history before you answer. For the buyer-side version of this process, including how to check a specific address, see How to Check a Denton County Home's Flood Risk Before You Offer.

What You Do Not Have to Disclose

The flip side of disclosure is what Texas law does not require. Under Section 5.008(c), a seller has no duty to disclose that an occupant of the property died, had AIDS, or died from natural causes, suicide, or an accident unrelated to the condition of the property. In other words, a death inside the home is not a required disclosure by itself. If the death left the property's condition unaffected, the statute does not put it on the form.

The notice is also not a warranty and does not promise the property is in perfect condition. It captures what the seller knows, to the best of the seller's belief, on the date the notice is signed. A buyer who wants independent verification of condition should order an inspection, and many do. What the notice does create is a baseline: if a seller affirmatively knows about a material defect and conceals it, the concealment, not the mere existence of the defect, is what opens the door to liability.

When the Notice Is Not Required

Section 5.008(e) lists transfers that do not require the notice. They include transfers pursuant to a court order or foreclosure sale; transfers by a bankruptcy trustee; transfers to a mortgagee or deed-of-trust beneficiary; transfers by a fiduciary administering a decedent's estate, guardianship, conservatorship, or trust; transfers between co-owners; transfers to a spouse or a person in the transferor's direct line of kinship; transfers between spouses under a divorce decree or settlement; and transfers to or from a governmental entity.

There is also an important new-construction exception: a new residence that has never been previously occupied for residential purposes. That is why a builder selling a never-occupied home in Pecan Square, Harvest, or Canyon Falls does not complete a Seller's Disclosure Notice the way a resale seller does. But the exception attaches to the first sale of an unoccupied new home, not to the home's age. The second owner of that same house, listing it three years later, is a resale seller and completes the notice like any other resale seller, with the home's original builder warranty taking up a different question entirely. For more on the resale of a newer home, see Preparing a Newer Home for Resale in Argyle and Northlake.

"As-Is" Does Not Mean No Disclosure

A common misconception is that an "as-is" sale removes the disclosure duty. It does not. The "as-is" concept in the standard sales contract limits the buyer's ability to demand repairs or credits after inspection; it does not relieve the seller of the duty to complete the Seller's Disclosure Notice or disclose known material defects. A fraud or concealment claim over a known defect survives even a valid as-is agreement.

So in practice, "as-is" in Argyle or Northlake means the price and the contract language carry the risk of condition, and the disclosure notice still has to be completed truthfully. Sellers sometimes say "the buyer waived everything," but a waiver in the contract does not erase a knowing misrepresentation on the notice. The legal remedy landscape for a buyer who believes a seller concealed a defect is summarized by Nolo's review of Texas remedies for seller concealment, which covers claims under the Texas Deceptive Trade Practices Act, the Statutory Fraud Act, and common-law fraud.

Your Agent's Duty on Material Facts

Your listing agent has an independent duty that does not depend on what you put in the notice. Under the Texas Real Estate License Act, a license holder may not make a material misrepresentation to a buyer about a significant defect, including a latent structural defect, that the license holder knows about, and may not knowingly conceal such a fact. The Occupations Code, Chapter 1101 governs license holders, and TREC's professional standards reinforce the same disclosure principle. The TAMU Real Estate Center's review of agent disclosure rules explains that the agent's duty to disclose known material facts exists independently of the seller and applies even when it is uncomfortable, while agents are generally not required to perform an independent investigation for the purpose of disclosures.

The practical consequence for a seller: tell your agent everything you know about the property, even the items you would rather not discuss. An agent who knows about a condition cannot stay silent to protect the sale. Walking through the notice together early is the easiest way to make sure the seller's duty and the agent's duty are both satisfied from the same set of facts.

A Seller's Checklist for Argyle and Northlake

Before the first showing, gather the material that makes the notice accurate and complete:

• Get the current Seller's Disclosure Notice form from your listing agent and review every section, including the "Unknown" choices, before any offer is signed.
• Pull records of repairs and improvements: roof, HVAC, water heater, foundation work, and any insurance claims. Repairs you remember and can document are easier to describe accurately than repairs you only half-remember.
• Find permits and inspection sign-offs for any additions, garages, patios, or electrical and plumbing work. Unpermitted work is itself a disclosure item; the Argyle area's active building and zoning picture is covered in Argyle Home Addition Permits and Independent Inspections.
• Check flood status for your exact address and gather any flood insurance or prior-claim history before you answer the flood questions. The Denton County flood-risk guide explains the map sources buyers and sellers can check.
• Assemble your HOA documents: current fees, special assessments, and any pending changes. Special-district matters such as PIDs and MUDs appear on the tax bill and are part of the ownership-cost picture; see HOA, PID, and MUD: What Selling in Argyle and Northlake Really Involves and the North Texas Property Taxes and Ownership Costs guide.
• Decide whether a pre-listing inspection is worth it for your disclosure position. A seller-ordered inspection often replaces vague answers with a documented picture; the trade-offs are covered in Pre-Listing Home Inspections in North Texas: Should You Get One?.
• Tell your listing agent everything you know about the property before marketing begins, so the notice and your agent's material-fact duty rest on the same information.

The full listing process for these communities, from preparation to closing, is laid out in the Selling Guide, with market-specific versions for Argyle sellers and Northlake sellers.

Frequently Asked Questions

Do I have to fill out the Seller's Disclosure Notice when I sell my home in Argyle or Northlake?

Yes, for a single-family residence. Texas Property Code Section 5.008 requires the seller of residential property of not more than one dwelling unit to deliver a written Seller's Disclosure Notice to the buyer, completed to the best of the seller's belief and knowledge, on or before the effective date of the contract. The notice is not optional for a typical resale home, and selling "as-is" does not remove the requirement.

Is the groundwater and surface-water disclosure the same as the Seller's Disclosure Notice?

No. TREC Form 61-0 is separate from the Seller's Disclosure Notice, Form 55-1. Whether Form 61-0 is required depends on the applicable contract and its exception conditions.

What happens if I do not provide the notice before closing?

If the seller fails to provide the notice, the buyer may terminate the contract for any reason within seven days after receiving the notice. A buyer who can show a knowingly concealed defect may also pursue claims under the Texas Deceptive Trade Practices Act, the Statutory Fraud Act, or common-law fraud. The reliable approach is to complete the notice before the home is listed so it is ready the day a contract is signed.

Does selling "as-is" let me skip the disclosure notice?

No. An "as-is" provision limits the buyer's ability to demand repairs or credits after inspection. It does not remove the seller's duty to complete the Seller's Disclosure Notice or to disclose known material defects. Fraud claims over a known defect survive even a valid as-is agreement.

Do I have to disclose that someone died in the home?

Generally no. Under Section 5.008(c), a seller has no duty to disclose that an occupant died from natural causes, suicide, or an accident unrelated to the condition of the property. A death that is unrelated to the property's condition is not a required disclosure.

Do I have to disclose that the home flooded?

Yes. Since September 1, 2019, the notice has asked sellers about current flood insurance coverage, previous flooding caused by a reservoir failure or a controlled or emergency release, previous water penetration from a natural flood event, and whether the property lies wholly or partly in a 100-year floodplain, 500-year floodplain, floodway, flood pool, or reservoir. Answer to the best of your knowledge for your exact address.

Does a new construction home need a Seller's Disclosure Notice?

A new residence that has never been previously occupied for residential purposes is exempt from the notice under Section 5.008(e). That exemption applies to the first sale of a never-occupied new home. The same home sold later by a second owner is a resale, and that seller completes the notice like any other resale seller.

Is the notice a warranty or a substitute for an inspection?

No. The notice is not a warranty and is not a substitute for a professional inspection. It records what the seller knows to the best of the seller's belief on the date signed. Buyers who want independent verification of condition should order an inspection, and many North Texas buyers do.

What if I do not know whether a defect exists?

The form includes "Unknown" answers for exactly that situation. The statute asks for the disclosure to be completed to the best of the seller's belief and knowledge. Mark what you know, mark "Unknown" when you genuinely do not know, and do not guess. Guessing that later proves wrong can look like a misrepresentation, while an honest "Unknown" documents your actual knowledge at the time you signed.

Can a buyer sue me later for a defect I did not disclose?

A buyer can pursue claims if a seller knowingly misrepresents or conceals a material defect. Claims can be brought under the Texas Deceptive Trade Practices Act, the Statutory Fraud Act, or common-law fraud. A good-faith, completed notice documented at the time of signing is your strongest position; a knowingly false or incomplete notice is the exposure.

Before You Sign

The Seller's Disclosure Notice is one of the few documents in a Texas home sale that comes from you, in your words, and it travels with the contract to the buyer. Completing it early, accurately, and honestly protects you more than any other single step in the disclosure process. Gather your records, use the "Unknown" box honestly, tell your agent everything you know, and have the notice ready before the first offer arrives.

Explore the North Texas Real Estate Answer Center for direct answers to other buying and selling questions, and other local guides in the community library.

Review Your Disclosure and Selling Plan with Theresa

Walk through the notice, your property's records, and the Argyle or Northlake selling timeline with a broker who has guided sellers through the process for more than 18 years. Bring your repair records and any questions about flood history, HOA documents, or special-district paperwork.

Sources

• Texas Property Code, Section 5.008, Seller's Disclosure of Property Condition, official Texas statutes (reviewed October 21, 2026).
• Texas Real Estate Commission, Seller's Disclosure Notice, Form 55-1, effective May 28, 2026 (reviewed October 21, 2026).
• Texas Real Estate Commission, Seller's Disclosure about Groundwater and Surface Water Rights, Form 61-0, effective July 1, 2026 (reviewed October 21, 2026).
• Texas Real Estate Commission, FAQs: Seller's Disclosure about Groundwater and Surface Water Rights (reviewed October 21, 2026).
• Texas Legislature, 86th Legislature, Senate Bill 339, flood disclosure amendments effective September 1, 2019 (reviewed October 21, 2026).
• Texas Tribune, "Texas will require homeowners to disclose more flood risks to buyers", August 22, 2019 (reviewed October 21, 2026).
• Texas Health and Safety Code, Chapter 766, Smoke Detectors (reviewed October 21, 2026).
• Texas Occupations Code, Chapter 1101, Texas Real Estate License Act (license holder duties; reviewed October 21, 2026).
• Texas A&M Real Estate Research Center, The Checkbox That Could Change Everything (reviewed October 21, 2026).
• Texas A&M Real Estate Research Center, Show and Tell: Disclosure Rules Texas Real Estate Agents Need to Know (reviewed October 21, 2026).
• Nolo, Legal Remedies If a Home Seller Lies or Conceals a Defect in Texas (reviewed October 21, 2026).

Theresa De La Rosa

Broker, REALTOR® · Covenant Heritage Realty, LLC | In DFW Living Group

Theresa De La Rosa is the founder and Broker of Covenant Heritage Realty, LLC and leads In DFW Living Group. With more than 18 years of real estate experience, she serves buyers, sellers, veterans, military and veteran clients, new-construction clients and relocating households throughout Northlake, Argyle and surrounding Denton County communities. She is a Texas Real Estate Broker (License 807294), holds the Accredited Buyer's Representative (ABR) designation, is a Certified Luxury Marketing Specialist, an A.I. Certified Broker and New Construction Specialist, and an AI Listing Advantage holder, and has been recognized as a RateMyAgent Price Expert and a Million Dollar Club producer. She is a real estate broker, not an attorney, and she does not provide legal advice. Learn more about Theresa and her home-selling services.

Covenant Heritage Realty, LLC · 100 Plaza Place, Suite 300, #1066, Northlake, TX 76226 · Contact Theresa