The Seller's Disclosure Notice (TREC No. 55-1) is prepared by TREC "in accordance with Texas Property Code § 5.008(b)" and is "to be used in conjunction with a contract for the sale of real property entered into on or after September 1, 2023." The form itself carries a plain warning at the top: "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."
Occupancy and the item checklist (Section 1)
The seller states whether they currently occupy the property and, if not, how long since they did. Then a long checklist of items — appliances, systems, and features — where the seller marks each Yes (Y), No (N), or Unknown (U): range, oven, microwave, dishwasher, trash compactor, disposal, washer/dryer hookups, window screens, rain gutters, security system, fire detection equipment, intercom, smoke detectors (including hearing-impaired and carbon monoxide alarms), emergency escape ladders, TV/cable/satellite wiring, ceiling/attic/exhaust fans, central A/C and heating, wall/window units, plumbing, septic, public sewer, patio/decking, outdoor grill, fences, pool/sauna/spa/hot tub and equipment, sprinkler system, fireplaces (wood-burning and mock), natural gas lines and fixtures, LP gas, fuel gas piping type, garage type and openers, water heater fuel, water supply source, and roof type/approximate age. The seller then states whether any of the checked items are not in working condition, have known defects, or need repair.
Smoke detectors (Section 2)
A separate Yes/No/Unknown question asks whether the property has working smoke detectors installed per Chapter 766, Health and Safety Code. The form explains that Chapter 766 requires one- and two-family dwellings to have working smoke detectors meeting the building code in effect in that area (performance, location, and power source). It also states a specific buyer right: a buyer may require the seller to install smoke detectors for the hearing impaired if (1) the buyer or a family member who will live in the home is hearing impaired, (2) the buyer gives the seller written evidence of the impairment from a licensed physician, and (3) within 10 days after the effective date, the buyer makes a written request specifying installation locations. The parties may agree on cost and brand.
Known defects and structural conditions (Sections 3-4)
Section 3 asks about known defects or malfunctions in interior/exterior walls, ceilings, floors, doors, windows, roof, foundation/slab, sidewalks, driveways, intercom, plumbing/sewers/septic, electrical systems, and lighting fixtures. Section 4 covers a separate list of conditions: active termites or other wood-destroying insects, termite/wood-rot damage needing repair, previous termite damage or treatment, improper drainage, water damage not due to a flood event, landfill/settling/soil movement/fault lines, a single blockable main drain in a pool/hot tub/spa (flagged on the form as a suction entrapment hazard), previous structural or roof repair, hazardous or toxic waste, asbestos components, urea-formaldehyde insulation, radon gas, lead-based paint, aluminum wiring, previous fires, unplatted easements, subsurface structures or pits, and previous use of the premises to manufacture methamphetamine.
Flood history and floodplain location (Sections 6-8)
This is the longest single block on the form. The seller discloses: present flood insurance coverage; previous flooding due to a failure or breach of a reservoir, or a controlled/emergency water release from one; previous water penetration into a structure from a natural flood event; and whether the property is located wholly or partly in a 100-year floodplain, 500-year floodplain, floodway, flood pool, or reservoir — each with a Yes/No plus a wholly-or-partly checkbox. The form supplies its own definitions for all five terms, tied to FEMA's flood insurance rate map and, for reservoir-related terms, U.S. Army Corps of Engineers management. Separately, the seller discloses whether they've ever filed an insurance claim for flood damage (including through NFIP) and whether they've ever received FEMA or SBA assistance for flood damage to the property.
Everything else (Section 9)
A long list of additional disclosures: unpermitted room additions or alterations not built to code; HOA or maintenance fees/assessments; co-owned common areas (pools, tennis courts, walkways); notices of deed-restriction or ordinance violations; lawsuits affecting the property; conditions materially affecting physical health or safety; a rainwater harvesting system larger than 500 gallons that uses a public water supply as an auxiliary source; any portion of the property in a groundwater conservation or subsidence district; conservation easements (defined on the form as an easement restricting use to protect natural resources, wildlife habitat, open space, or historical sites); whether the property is presently covered by insurance and by windstorm insurance; whether the seller has been unable to insure the property for any reason; a private road the seller is financially responsible for maintaining; and aboveground or underground storage tanks — with a pointer to 30 Texas Administrative Code Chapter 334 for tanks, plus a separate item for aboveground tanks holding 500 gallons or more that have stored petroleum products or other chemicals.
Coastal and military notices (Sections 10-11)
If the property sits in a coastal area seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico, the form notes it may be subject to the Open Beaches Act or Dune Protection Act (Chapter 61 or 63, Natural Resources Code, respectively), and a beachfront construction certificate or dune protection permit may be required for repairs or improvements — the form directs parties to the local government with construction-adjacent-to-beach authority. Section 11 is a standard notice that the property may be near a military installation and subject to high-noise or Air Installation Compatible Use Zones, with a pointer to the installation's most recent AICUZ or Joint Land Use Study.