Buying a home or commercial property in Fort Worth is a major investment, and most buyers focus on location, price, and financing. But one of the most important parts of the process happens behind the scenes — the seller’s duty to disclose known property issues. Texas has specific property disclosure laws that give buyers essential information before closing. Understanding these rules helps you avoid costly surprises and protects your rights if something goes wrong.
If you’re getting ready to purchase property in Tarrant County, here’s what you need to know about Texas disclosure requirements and how a real estate attorney Fort Worth can help you stay protected during the transaction.
What Is a Seller’s Disclosure Notice in Texas?
Texas law requires most residential sellers to provide a Seller’s Disclosure Notice. This is a detailed form that lists the condition of the property and identifies any known issues. It must be delivered before a sales contract becomes fully binding.
The disclosure typically covers:
- Structural problems
- Roof leaks
- Plumbing, electrical, and HVAC issues
- Foundation movement
- Previous flooding or water damage
- Termite activity
- Hazardous materials
- Environmental conditions
- Deed restrictions or encroachments
- Known repairs or insurance claims
The goal is simple: ensure buyers are informed about material defects that could affect the property’s value or safety.
Texas is also a “buyer beware” state to an extent. While sellers must disclose known problems, they don’t have to inspect the property or investigate hidden defects. That’s why buyers still need their own inspections and, in complex situations, guidance from a real estate attorney Fort Worth who can review disclosures for accuracy and completeness.
Who Is Required to Provide a Disclosure?
Most sellers of single-family homes must fill out a disclosure notice. However, Texas law includes exceptions.
A seller does not need to provide a disclosure if the property is:
- A foreclosure sale
- A transfer between family members
- Part of a divorce or separation settlement
- An estate administration sale
- Newly constructed and has never been lived in
Even though disclosures may not be required in these scenarios, buyers should still be cautious. Properties sold through estates or foreclosures often come with limited information about past issues, making inspections and legal review even more important.
What Must Sellers Disclose About Past Damage or Defects?
Sellers have a duty to disclose known material defects — issues that would matter to a reasonable buyer. This includes problems that could reduce the value of the home, create safety concerns, or require immediate repair.
Common material defects include:
- Foundation cracks or settling
- Prior flooding, sewer backups, or drainage issues
- Roof repairs or leaks
- Mold or moisture intrusion
- Fireplace or chimney problems
- Electrical hazards
- Unpermitted additions
- Property line disputes
- Past insurance claims (including claim history through CLUE reports)
In Fort Worth, foundation issues are especially common because of soil movement. Sellers must disclose any history of structural repairs, previous engineer reports, or ongoing foundation movement.
If a seller fails to disclose defects, a buyer may have legal grounds to seek repairs, compensation, or in severe cases, rescind the contract. These disputes are where hiring an experienced real estate attorney Fort Worth becomes especially valuable.
Do Sellers Have to Disclose Flooding, Water Damage, or Drainage Issues?
Yes. Texas requires specific disclosure about:
- Whether the property is in a floodplain
- Prior flooding in the home
- Flooding in the yard or surrounding areas
- Previous water penetration
- Any repairs made after water damage
- Whether the property has ever received FEMA assistance
Given North Texas weather patterns, drainage problems and flash flooding are common concerns for buyers. Even if flooding occurred years ago, the seller must report it.
Failing to disclose water issues is one of the most frequent causes of real estate disputes in Texas because water damage can lead to structural deterioration and mold growth.
What About Termites or Pest Damage?
Sellers must disclose:
- Known termite activity
- Past treatments
- Repairs linked to termite or pest damage
Although a termite inspection is standard in Fort Worth real estate transactions, the seller’s knowledge still matters. If they knowingly hide past infestations or damage, they may face liability after closing.
Environmental or Safety Hazards Must Also Be Disclosed
Texas sellers must disclose environmental concerns, including:
- Asbestos
- Radon
- Lead-based paint (for homes built before 1978)
- Soil contamination
- Hazardous materials
- Septic system problems
- Faulty gas lines
For older Fort Worth neighborhoods, lead paint and outdated plumbing systems are common issues that buyers need to understand before closing.
What Happens if a Seller Fails to Disclose a Known Problem?
If a seller intentionally hides a defect or fails to disclose something material, the buyer may be entitled to:
- Repair costs
- A reduction in the purchase price
- Reimbursement for losses
- Termination of the contract
- In serious cases, lawsuits for fraud or misrepresentation
Texas courts take disclosure violations seriously. For buyers, discovering a major problem after move-in can be financially devastating. Working with a real estate attorney Fort Worth helps you understand your rights and determine whether a seller actually violated Texas disclosure laws.
How Buyers Can Protect Themselves Before Closing
Even with strong disclosure laws, buyers should still take steps to protect their interests.
1. Get a thorough inspection
A home inspector can uncover hidden problems the seller may not be aware of.
2. Review the Seller’s Disclosure carefully
Look for vague answers like “unknown” or “not sure.” These may be red flags.
3. Ask follow-up questions
If something looks incomplete, request more information or documentation.
4. Request repair receipts and permits
This helps verify the quality and legitimacy of past work.
5. Have a real estate attorney review your contract
A skilled real estate attorney Fort Worth can identify disclosure gaps, negotiate protections, or recommend additional inspections.
6. Pay attention to neighborhood-specific risks
Foundation problems, hail damage, and drainage issues are especially common throughout Fort Worth.
When to Contact a Real Estate Attorney in Fort Worth
Most Fort Worth real estate transactions close without major problems, but when disclosure issues do arise, they can be complicated and costly. If you believe a seller failed to disclose a defect — or if you want to ensure your transaction is properly protected — consulting a real estate attorney Fort Worth early in the process is one of the best steps you can take.
An attorney can:
- Review disclosures for accuracy
- Negotiate repairs or contract changes
- Help resolve disputes before closing
- Protect you if issues arise after closing
- Represent you in litigation if necessary
Clear guidance can prevent misunderstandings and save you from unexpected financial losses later.
Final Thoughts
Texas property disclosure laws are designed to protect buyers, but they only work when you understand what sellers must report and how to identify red flags. Before closing on a home or commercial property in Fort Worth, take time to review disclosures, order inspections, and ask questions. When in doubt, a knowledgeable real estate attorney Fort Worth can help you make informed decisions and avoid costly surprises.
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