A repaired condition may still belong on a Texas seller disclosure. The form does not ask only what is broken today; it also asks about conditions and history the seller knows, including prior structural or roof repair, water damage, flooding, termites, drainage and unpermitted work.
The goal is not to make the house sound flawless. It is to state known facts clearly and organize the records that explain what happened and what was done.
A common situation
A bathroom supply line leaked several years ago. The plumbing was repaired and the ceiling below was dried and repainted. Nothing unusual has appeared since then. When the seller reaches the water-damage questions, it is tempting to think, “It was fixed, so it no longer counts.”
That is where sellers get into trouble. “No active leak today” is not the same statement as “no prior water damage.” When the form asks about a past event, known condition or repair history, completing the repair does not erase the event.
Disclosure is not an admission that the home is currently defective. A dated, factual explanation is often easier for a buyer to evaluate than an old stain or repair discovered without context.
What the Seller’s Disclosure Notice is—and is not
The notice describes the seller’s knowledge of the property as of the date it is signed. It is not a home warranty, a substitute for an inspection or a demand that the seller diagnose a technical condition beyond the seller’s knowledge.
Texas law allows a seller to indicate Unknown when information is genuinely unknown. Unknown, however, is not a substitute for information the seller has seen, repaired, received in a report or submitted in an insurance claim.
The current TREC Seller’s Disclosure Notice is Form 55-1. It addresses property systems, known defects, repair history, flood matters, insurance and other conditions that may affect use or safety.
The repair histories sellers most often miss
1. A leak was repaired, so the water history is omitted
Examples include a roof leak, broken supply line, overflowing HVAC drain, window or wall penetration, shower waterproofing failure, water-heater leak, or storm water entering a garage or structure.
Do not look only at whether the wall is dry today. Consider whether there was staining, demolition, flooring replacement, drying work, remediation or an insurance claim.
A factual explanation might read:
In 2024, a second-floor bathroom supply line leaked. A plumbing company repaired the line, and the affected ceiling below was dried and repaired. Seller has not observed another leak since the repair.
That is more useful than a vague note saying only that the property “had a leak.”
2. Foundation work is described only as “no current issue”
The Texas notice asks about prior structural or roof repair. For foundation work, organize the date, location and scope, contractor, engineering or structural reports, invoice, transferable warranty and any later evaluation.
Avoid promising that movement is permanently solved unless a qualified professional has actually provided that conclusion. A seller should not replace an engineer’s opinion with a guarantee.
3. A new roof is disclosed only by age
A buyer may also need to understand why the roof was replaced, whether hail, wind or a leak was involved, whether an insurance claim was filed, whether the work was full or partial, and whether interior water damage occurred.
A newer roof can be a strong feature. The explanation becomes harder when a listing celebrates the new roof but the buyer later finds unexplained interior stains.
4. “The house never flooded” becomes No on every flood question
The notice asks more than whether water entered the living room. It addresses mapped flood areas, natural-flood water penetration into a structure, current flood insurance, prior claims, FEMA or SBA assistance, and locations such as a floodway, flood pool or reservoir.
“It did not flood while I lived here” and “there is no flood-related information about the property” are not the same conclusion. Review actual experience, insurance records and location information separately.
5. Prior termite treatment disappears after the service ends
The form separates active termites, prior termite damage, wood rot needing repair and prior termite treatment. If the home received preventive treatment, localized treatment or damage repair, identify the timing, scope and any transferable service agreement.
6. Renovations were made without checking permits
A garage conversion, sunroom, moved wall, electrical work, added bathroom, relocated gas appliance or major plumbing alteration may involve permits or code compliance.
The notice asks whether the seller knows about additions, structural modifications or other work completed without necessary permits or outside the code in effect at the time. Do not assume a previous owner obtained approval. Check contracts, permit records, old inspections and purchase documents, then ask the agent or a Texas real estate attorney how to handle remaining uncertainty.
Does an as-is sale remove the disclosure requirement?
No. As is generally addresses the condition in which the buyer accepts the property or the repairs the seller is not agreeing to perform. It does not authorize concealment of known material facts or automatically remove an otherwise applicable disclosure requirement.
A seller may decide not to repair a condition and still describe the known facts. The buyer then evaluates the disclosure, inspections and contract rights.
Can a pre-listing inspection replace the seller’s form?
An inspection report can support the file, but it generally serves a different purpose. The seller disclosure describes the seller’s knowledge and history; an inspection report records what an inspector could observe on a particular date.
Once a seller receives a report identifying a condition, the seller now has that information. A cancelled transaction does not make the report disappear before the next buyer arrives.
When should the buyer receive the notice?
For transactions subject to Texas Property Code §5.008, the seller must deliver the notice on or before the effective date of the contract. If it is delivered after the contract is effective, the buyer may have seven days after receipt to terminate.
That is why disclosure preparation should begin before offers arrive. Waiting until the parties are ready to sign makes missing records and incomplete answers more likely.
The statute contains exceptions for specific transfers, including certain court, foreclosure, fiduciary, co-owner, family, governmental and never-occupied new-home transactions. Do not assume a transaction is exempt merely because its ownership history is unusual.
Six common seller mistakes
Reporting only current defects and omitting relevant history
Treating “repaired” as if the event never occurred
Checking No when the accurate answer may be Unknown
Telling the agent verbally but leaving the formal disclosure incomplete
Using cosmetic improvements as a substitute for explaining the repair history
Continuing to use an old disclosure after a new condition appears
The notice describes the seller’s knowledge when it is signed. If a new leak, storm loss, equipment failure or other important condition arises later, tell the agent promptly and ask whether the written disclosure should be updated.
How to explain a condition without guessing
Use four elements: when it happened, what happened, who performed the work and what the seller has observed since.
During a 2023 rainstorm, water appeared near the north window. A contractor resealed the exterior and repaired the interior wall. Seller has not observed additional water penetration since that work.
Avoid “permanently fixed” or “guaranteed never to leak again.” The first version reports facts; the second predicts the future. If the technical cause is unknown, say so rather than inventing a diagnosis.
Records to organize before listing
Roof invoices, warranties and insurance claim records
Foundation contracts, engineering reports and transferable warranties
Plumbing, HVAC, electrical and water-heater service records
Termite inspections, treatment and renewal documents
Water-damage drying or mold-remediation records
Flood insurance, claim and FEMA or SBA documents
Permits, renovation contracts and plans
Prior inspection reports
HOA notices, violation letters or special assessments
Photographs and correspondence related to a condition or repair
Organized records do more than protect the seller. They help a buyer understand whether a condition was addressed and what still deserves investigation.
Additional disclosure for most pre-1978 housing
Most housing built before 1978 is also subject to the federal Lead-Based Paint Disclosure Rule. Sellers must disclose known lead-based paint or lead hazards, provide available records and the required information, and give buyers the applicable inspection opportunity.
That federal disclosure and the Texas Seller’s Disclosure Notice are separate requirements; one does not replace the other.
A 2026 issue sellers can miss: water-rights disclosure
Some current TREC contracts may also require the Seller’s Disclosure About Groundwater and Surface Water Rights. It is not imposed on every transaction by the same statute as the general seller notice; the contract, the property and stated exceptions determine whether it is required.
When a property involves a well, pond, water tank, groundwater right or surface-water right, do not assume the ordinary seller notice completes every disclosure step.
Frequently asked questions
Will disclosing a repaired problem reduce the sale price?
Not automatically. Buyers are often more concerned by an unexplained condition, incomplete documents or a conflict between the seller’s statements and the inspection. Clear records can make a completed repair easier to evaluate.
What if I do not know what happened before I bought the home?
The seller notice generally focuses on the seller’s actual knowledge. Use Unknown where the form permits and the information is genuinely unknown. Do not guess for a prior owner or turn uncertainty into a fact.
Can my agent complete the form for me?
The property history and the seller’s knowledge come from the seller. An agent can explain the process and structure of the form but should not invent answers. A Texas real estate attorney should address legal questions about a specific disclosure duty.
Does giving the buyer a repair invoice replace the form?
Do not assume it does. An invoice can support the explanation, but whether the item belongs on the formal notice still depends on the question asked and the facts known to the seller.
Related reading
The complete Houston home selling guide: pricing, preparation and closing
Should you renovate before selling a Houston home?
Should a Houston seller get a pre-listing inspection?
Sources
Texas Real Estate Commission: Seller’s Disclosure Notice, Form 55-1
U.S. Environmental Protection Agency: Lead-Based Paint Disclosure
Texas Real Estate Commission: Groundwater and Surface Water Rights Disclosure FAQ
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About Joyce Tang
Joyce Tang is a Greater Houston real estate agent and investor, co-founder of the North American Real Estate Association, founder of JoyHome and JoyNest, and co-leader of the Dr. Wang Real Estate Team.
She has helped more than 200 families buy or sell homes and has participated in more than 40 renovation projects. Her approach examines not only price, but also location, carrying cost, cash flow, risk and future exit options.
Disclaimer
This article provides general Texas real estate transaction and home-sale preparation information. It is not legal, inspection, engineering, environmental or insurance advice. Disclosure requirements vary with the property type, transfer, contract and specific facts. Review the current forms and consult a qualified real estate professional and Texas real estate attorney before completing or revising disclosure documents.