What should be disclosed when completing the seller's disclosure form?   The  Texas Property Code requires a seller to give the buyer a signed written disclosure. The notice should detail all physical problems, defects and any pertinent information that the seller is aware of.   Consider previous repairs, insurance claims, water damage,  information concerning the neighborhood, title issues and anything that may affect the buyer and his or her decision to purchase. 

Complete the form to the best of your belief and knowledge as of  that date.  If the information required by the notice is unknown to you, state that fact on the form.  Review the notice carefully to make sure it's accurate.   Additionally, you must  disclose on a separate form, the presence of lead based paint and lead based paint hazards on the home as well as any existing reports if the property was built prior to 1978.  Furthermore if after your initial disclosure you discover new information concerning the property,  you should update the information on the disclosure form.  If you are unsure whether you should reveal something, it's better to err on the side of caution and disclose it.

The seller has no duty to make a disclosure or release information relating to whether a death by natural causes, suicide, or accident unrelated to the condition of the home occurred on the property.  Also, there is no duty to reveal whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.  Otherwise, anything that is material to the property should be disclosed.

If a contract is entered without the seller providing the required disclosure, the buyer may terminate the contract for any reason within seven days after receiving the notice.  Therefore, the notice should be delivered to the buyer on or before the effective date of the contract.  All sellers are required to provide the buyer with the disclosure unless they fall under the following exceptions:  executors of estates,  foreclosures,  new home builders, trustee in a bankruptcy, beneficiary of a deed of trust by a trustor or successor in interest,  one co-owner to one or more co-owners,   transfer made to a spouse or a blood relative such as a parent or a child, divorcing spouse transferring title to the other spouse, transfers to or from any governmental entity and transfers where the value of  the dwelling does not exceed five percent (5%) of the value of the property.