Who Is Exempt from Filling Out a Seller’s Disclosure in Texas?

If you’re planning on selling property in Texas, you’ve probably heard about the Seller’s Disclosure Notice. This document provides buyers with important information about the condition of a home before closing. But not every seller is required to fill one out.

According to the Texas Property Code, Section 5.008(e), there are several exemptions to the disclosure requirement. Understanding these rules can save you time, money, and headaches during the selling process.

Below, we’ll cover exactly who is exempt from filling out a seller’s disclosure in Texas and why these exemptions exist. (Source: Silblawfirm.com)

Exemptions from the Texas Seller’s Disclosure

Here are the main scenarios where a Texas seller’s disclosure is not required:

• Commercial Properties
  Disclosures only apply to single-family residential homes. If you’re selling commercial property, you are exempt.

• Residential Properties with More Than One Unit
  Duplexes, triplexes, and other multi-unit properties don’t require the disclosure form.

• Court-Ordered Sales
  Sales mandated by a court—such as those involving a receiver—are exempt.

• Estate Sales
  Executors, trustees, or administrators of estates are not required to provide a disclosure.

• Sales Between Family Members
  Transactions between close family members (parents, children, or spouses) are exempt from disclosure requirements.

• New Construction
  If you are selling a home that has never been lived in, you don’t need to provide a seller’s disclosure.

• Land Sales with Minimal Improvements
  If any dwelling on the land is valued at less than 5% of the total property value, a disclosure is not necessary.

Why Do These Seller’s Disclosure Exemptions Exist?

The Texas Property Code outlines these exemptions because in many cases, the seller either:

• Does not have detailed knowledge of the property’s condition
  (for example, estate administrators, trustees, or banks), or

• Has a close, trusting relationship with the buyer
  (such as family-to-family transactions).

The goal of the seller’s disclosure is to protect the buyer, but in these scenarios, the requirement is considered unnecessary or impractical.

Key Takeaway for Texas Home Sellers

Most property owners in Texas will still need to complete a Seller’s Disclosure Notice. However, if your situation falls under one of these exemptions, you may be able to skip this step.

That said, navigating Texas real estate laws can be complex. Whether you’re selling a home, land, or inherited property, it’s always wise to consult with a real estate professional who understands the disclosure requirements inside and out.

At Brautigan Realty, we’re here to help sellers move smart, stay compliant, and feel confident every step of the way.

Ready to Sell Your Texas Property?

Not sure if your property qualifies for a seller’s disclosure exemption? Don’t worry—that’s what we’re here for.

👉 Contact Brautigan Realty today to schedule a consultation. We’ll review your situation, walk you through Texas disclosure laws, and help you position your property for a smooth, stress-free sale.

Until next time—sip slow, move smart, and let them.