Seller's Disclosure

The Seller's Disclosure

Take Your Time. Think Through Every Question. Disclose What You Know.

One of the most important things you'll complete when selling your home is the Seller's Disclosure Notice.

This document gives potential buyers information about your knowledge of the property's condition, history, repairs, improvements, and any known problems. It helps buyers understand what they're purchasing and gives them an opportunity to ask questions before moving forward.

My biggest recommendation is simple: Don't rush through this document, don't guess, and don't leave out information because you think it might scare a buyer away.

Take your time and carefully consider every question. If you know something has happened at the property, even if it has already been repaired, think carefully about whether it needs to be disclosed.

Remember, the purpose isn't to make your house look perfect. It's to give the buyer an honest picture of the property's history and condition.

1. Think Carefully About Every Section

As you work through the Seller's Disclosure, read each question carefully. Don't just check boxes and move on.

Some questions may seem straightforward, while others might make you stop and think.

For example:

Have you ever experienced a roof leak, even if it was repaired several years ago?
Has there ever been water intrusion, flooding, or standing water?
Have you experienced foundation movement, settling, or cracks?
Have you had plumbing leaks, slab leaks, or drainage problems?
Have you experienced electrical or HVAC issues?
Have you had termites, wood rot, or other pest problems?
Have you made repairs or modifications to the property?
Have you experienced problems with windows, doors, appliances, or other components?

Think about the entire time you've owned the property, not just its current condition.

A problem that was repaired doesn't necessarily mean it never happened. If the disclosure asks whether you've ever experienced something, answer based on the question being asked.

2. If You Check YES, Explain It!

This is one of the most important parts of completing your disclosure.

Many disclosure forms provide a space at the end of a section to explain any YES answers. Use that space!

Don't simply check YES and leave the buyer wondering what happened.

Provide a brief explanation that includes:

What happened?
Approximately when did it happen?
Where in the house or on the property did it occur?
What caused the problem, if known?
What was done to correct it?
Who performed the repair, if applicable?
Is the issue completely resolved, or does it remain an ongoing concern?

For example:

Roof leak:

Instead of simply checking YES, explain:

"Roof leak occurred in the guest bedroom during heavy rainfall in 2021. A roofing contractor repaired the flashing around the roof penetration. No additional leaks have been observed since the repair."

Plumbing leak:

"Water leak occurred under the kitchen sink in 2023. The plumbing connection was replaced by a licensed plumber. No additional problems have been observed."

Foundation movement:

"Foundation repairs were completed in 2019 by a foundation repair company. Documentation and transferable warranty information are available."

These explanations give buyers context. They also help prevent a buyer from assuming a relatively minor or previously repaired issue is something much more serious.

If you need more room, attach an additional page rather than leaving out important information.

3. Why Disclosing Everything Is in Your Best Interest

Here's something I see happen regularly during real estate transactions:

The things that weren't disclosed are often the exact things that show up on the buyer's inspection report and become repair requests.

A buyer hires a professional inspector, the inspector discovers something, and suddenly everyone is discussing an issue that could have been addressed before the property was listed.

For example:

A previous roof leak that wasn't mentioned.
An old plumbing repair that wasn't disclosed.
Wood rot around an exterior door.
A previous foundation repair.
A drainage issue in the backyard.
A window that has leaked during heavy rain.
An HVAC system that has had recurring problems.

When something unexpected appears on an inspection report, it can create unnecessary concern.

The buyer may wonder what else they haven't been told. They may question whether the repair was properly completed, request additional inspections, ask for repairs, negotiate a price reduction, or reconsider the purchase.

On the other hand, when a buyer already knows about an issue, understands its history, and has documentation showing what was done, it is often much easier to address.

Disclosure doesn't necessarily mean a buyer won't purchase your home. Lack of disclosure can create a much bigger problem than the original issue.

Texas law and the applicable disclosure form matter, so answer truthfully and consult your real estate agent or an attorney if you're unsure how a particular item should be handled. Never guess, minimize, or intentionally omit something simply because you are concerned about how a buyer might react.

4. Don't Forget About Repairs and Improvements

Think about everything you've changed or repaired since owning the home.

Examples include:

Roof replacements or repairs.
Foundation work.
Plumbing or electrical modifications.
HVAC replacements.
Window or door replacements.
Patio additions or extensions.
Fence changes.
Pool installations.
Room additions or converted spaces.
Drainage improvements.
Structural modifications.

If the work was performed by a contractor, look for invoices, warranties, permits, and other documentation.

If you completed the work yourself, be prepared to explain what was done and when.

Don't assume that because an improvement looks good, the buyer doesn't need to know about it. Changes to the property can be important to the buyer, their inspector, the appraiser, and the title company.

5. FHA and VA Buyers: Be Prepared for Lender-Required Repairs

This is something sellers should understand before accepting an offer from a buyer using FHA or VA financing.

An appraisal isn't always just about determining whether the home is worth the purchase price.

FHA and VA loans have property-condition requirements designed to ensure that the home meets certain safety, structural, and livability standards.

During the appraisal process, the appraiser may identify conditions that must be corrected before the lender will approve the property for financing.

These are commonly referred to as lender-required repairs.

The following are examples of conditions that can become issues during FHA or VA appraisals:

Exterior Wood Rot and Deterioration

This is one of the items I would pay particular attention to.

Look for:

Rotted wood siding.
Deteriorated fascia and soffit boards.
Wood rot around exterior doors and windows.
Rotted porch columns or structural wood.
Deteriorated deck boards, steps, or railings.
Wood components in contact with the ground that show deterioration.

Exposed or deteriorated wood can create concerns about the property's condition and its ability to withstand the elements.

Roof Problems

The roof must provide adequate protection from weather.

Potential concerns include:

Missing or damaged shingles.
Active roof leaks.
Deteriorated roofing materials.
Evidence of water intrusion.
Roof conditions that indicate inadequate remaining useful life.

Peeling or Chipping Paint

This is especially important for homes built before 1978.

FHA and VA have specific lead-based paint requirements for older homes. Defective paint, including peeling, chipping, cracking, or flaking paint, can require correction.

Pay attention to:

Exterior siding.
Window frames.
Door frames.
Fascia and trim.
Porches and railings.
Other painted surfaces.

Stairs, Handrails, and Guardrails

Safety issues involving stairs and elevated areas can be flagged.

Look for:

Missing or loose handrails.
Missing or damaged stair railings.
Unsafe or deteriorated steps.
Missing guardrails around elevated decks or porches.
Loose deck boards or unstable railings.

Electrical Problems

Potential concerns include:

Exposed or improperly protected wiring.
Missing electrical covers.
Obvious electrical hazards.
Unsafe electrical installations.

Plumbing and Water Issues

Look for:

Active plumbing leaks.
Inadequate or non-functioning water supply.
Problems with the water heater.
Evidence of water damage.
Drainage or sewage disposal concerns.

Heating and HVAC

The property must meet applicable heating and safety requirements.

Potential concerns include:

Non-functioning heating systems.
Unsafe heating equipment.
Improperly installed heating systems.
Obvious mechanical deficiencies.

Air conditioning is generally not an FHA or VA minimum requirement in the same way heating is, although other lender or local requirements may apply.

Foundation and Structural Conditions

Potential concerns include:

Significant foundation movement.
Structural deterioration.
Excessive moisture.
Evidence of continuing settlement.
Structural components affected by wood rot or insect damage.

Drainage and Standing Water

The property should provide appropriate drainage and avoid conditions that create excessive moisture or threaten the structure.

Look for:

Standing water near the foundation.
Improper grading.
Drainage problems.
Excessive moisture in crawl spaces, where applicable.

Windows, Doors, and Other Safety Concerns

Other potential issues include:

Broken window glass.
Windows or doors that create obvious safety concerns.
Unsafe decks or porches.
Deteriorated exterior structures.
Conditions that create health or safety hazards.

Important: These are examples, not a guaranteed list of appraisal failures. FHA and VA have their own requirements, and the appraiser evaluates the property under the applicable loan program. The lender may also have additional requirements. Not every cosmetic defect requires correction.

6. What About Pools, Patios, Fences, and Other Improvements?

Don't forget to disclose changes made to the property after you purchased it.

If you've added a concrete patio, extended an existing patio, installed a swimming pool, moved fence lines, or constructed other improvements, make sure you provide accurate information when the disclosure asks about additions, alterations, or modifications.

Keep copies of:

Permits, if applicable.
Contractor invoices.
Pool installation documentation.
Warranties.
Survey updates or documentation showing changes to the property.

These improvements may also be relevant to the existing survey, particularly if the survey no longer accurately reflects the property's improvements or fence locations.

7. Keep Your Documentation

If you've had work completed on the home, gather the paperwork before listing whenever possible.

Helpful documents include:

Roof repair and replacement invoices.
Foundation repair reports and warranties.
Plumbing and electrical invoices.
HVAC service records.
Pest treatment and termite reports.
Mold remediation documentation.
Pool installation records.
Permits and final inspections.
Previous inspection reports.
Manufacturer warranties.

Having documentation available can make a tremendous difference when a buyer asks questions.

It also helps establish what was done, when it was done, and whether the work was performed by a qualified professional.

8. My Advice: Be Thorough Now, Not Surprised Later

I would much rather have a buyer know about a previous repair or condition before making an offer than have that same issue become a surprise during the inspection period.

Remember, buyers are going to investigate the property. Their inspector will look at the house, the appraiser will evaluate applicable property requirements, and the lender may have additional conditions that must be satisfied before closing.

The more information we can provide upfront, the better prepared everyone will be.

A house doesn't have to be perfect to sell. Homes sell every day with previous repairs, older components, and known conditions. What matters is being honest about what you know and allowing buyers to make informed decisions.

My goal is to help you get to the closing table with as few unexpected surprises as possible.

Before You Submit Your Seller's Disclosure

Take one final look at your answers:

Did I carefully read every question?
Did I consider the entire time I've owned the property?
Did I explain every YES answer?
Did I include problems that were previously repaired when the question calls for that history?
Did I disclose improvements, modifications, and additions where requested?
Did I gather available invoices, warranties, permits, and repair records?
Did I attach additional explanations where necessary?
Are my answers truthful and complete to the best of my knowledge?