Buying a home in Hurst and staring at the Texas Seller’s Disclosure? You are not alone. This form can feel dense, especially if you are relocating and trying to make decisions from a distance. The good news is you can use it to focus your due diligence, save time, and avoid surprises. In this guide, you will learn what the disclosure is, what it covers, how to read it like a pro, and the local steps that help you verify key details. Let’s dive in.
Texas Seller’s Disclosure, in plain English
In Texas, sellers of most one-to-four family homes provide a Seller’s Disclosure Notice. It is a standardized form the seller completes to share what they actually know about the property’s condition. It is meant to inform your decisions and help you plan inspections.
It is not a warranty and it does not replace inspections, a survey, or a title review. The form reflects the seller’s knowledge, which can have gaps. If you see “unknown,” treat that as a prompt to verify, not a green light to skip due diligence.
If you want to see the state’s optional form, review the TREC Seller’s Disclosure Notice on the Texas Real Estate Commission website. You can find it under the optional-use forms as the Seller’s Disclosure Notice (OP-H) on the TREC forms page.
What it usually includes
Texas disclosure forms use yes, no, or unknown checkboxes with room for brief explanations. Common topics include:
- Structure and systems: foundation, roof, plumbing, electrical, HVAC, water supply.
- Water and environmental: past water intrusion or flooding, mold, asbestos, fuel tanks.
- Appliances and features: pools or spas, detached structures, and known defects.
- Legal and insurance: HOA details, permits or code items, lawsuits, insurance claims.
For homes built before 1978, federal law requires a lead-based paint disclosure. Find details on the EPA’s page for real estate lead disclosures.
Legal basics and timing
Texas law sets the disclosure obligation for most residential sales. The seller must share information based on their actual knowledge. You can review the statute in Texas Property Code Section 5.008.
Your purchase contract controls when the disclosure is delivered and what happens if it is late or missing. Many contracts expect the notice early, often at listing or soon after contract execution. Always check the deadlines in your specific contract and line them up with your inspection or option period.
Common exemptions
Some transfers are exempt under Texas law. Examples include certain court-ordered transfers, sales by a lender after foreclosure, and fiduciary transactions. The exact categories are set in statute. If you think your situation may be exempt, ask your agent to confirm how your contract handles disclosures and what documents you should still request.
How to read it as a Hurst buyer
Do not skim for “no” boxes and call it a day. Read every section, then review the explanations. That is where you will find dates, repair scope, and whether an issue recurs.
Treat “unknown” responses as a to-do list. If the seller does not know roof age, plan a roof inspection. If flooding history is marked unknown, check flood maps and ask for insurance claim history. Use the notice as a roadmap for targeted inspections.
Red flags to watch
A few patterns deserve special attention:
- Foundation: entries about movement, crack monitoring, or recent repairs without permit numbers.
- Water: past leaks, stains with unknown source, sewer or septic backups, or recurring moisture.
- Roof and HVAC: unknown ages on older systems or notes about repeated fixes.
- Permits and documentation: major repairs with no invoices, warranties, or permits listed.
- Environmental: mentions of mold, asbestos, fuel tanks, or soil contamination.
- Insurance: multiple claims or canceled coverage.
None of these are automatic deal breakers. They are signals to investigate early in your option or inspection period.
Verify with local records
For Hurst properties, pair the disclosure with quick checks:
- Flood risk: confirm the flood zone using the FEMA Flood Map Service Center and Tarrant County floodplain resources. Look for floodplain updates or local mitigation projects.
- Permits and code: request permit history from the City of Hurst and ask for permit numbers tied to major repairs.
- HOA: obtain the resale packet, rules, and any pending assessments if an HOA is present.
- Property records: review recorded easements and liens with your title company, and request any available survey.
These steps help you verify what the disclosure reports and fill in any missing context.
Turn disclosure into inspections
Every purchase benefits from a general home inspection. Then add specialists based on what the disclosure reveals:
- Foundation engineer if movement or repairs are noted.
- Roof inspection if age is unknown or leaks are mentioned.
- Sewer scope for older homes or if backups are disclosed. Septic inspection if applicable.
- HVAC inspection for systems with unknown age or recurring issues.
- Pest inspection if prior infestation or wood damage is disclosed.
- Pool or spa inspection for noted defects.
- Environmental testing if mold, asbestos, lead paint, or fuel tanks are mentioned. For pre-1978 homes, follow EPA lead disclosure guidance.
Schedule these early so you can use results in negotiations before your option period expires.
How Maggie coordinates due diligence
Here is the practical workflow we use with Hurst buyers:
- Day 0: Read the disclosure closely and compare it to listing photos and your walkthrough notes. Flag ambiguities and any “unknown” boxes.
- Records check: Pull FEMA flood data and Tarrant County floodplain information. Request City of Hurst permit history and note any major repairs.
- Inspection plan: Book the general inspection, then layer specialists based on the disclosure and home age.
- Documents: Ask the seller for permits, invoices, warranties, contractor names, dates, and permit numbers for major work. If insurance claims are referenced, request claim documentation and remediation records.
- Reconcile: Compare inspection results to the disclosure. Note confirmations and any inconsistencies.
- Negotiate: Within your contract timelines, request repairs, ask for credits or price adjustments, or choose to terminate under your option rights if needed.
If a material defect surfaces that appears to have been known but undisclosed, we will discuss your remedies and recommend consulting an attorney for legal advice.
After inspections: negotiate smart
Once inspections are in, organize findings by priority and cost. Focus on material defects that affect safety, function, or value. Minor maintenance items are common and often not worth a deal stall.
Your contract gives options. You can request seller repairs, ask for a credit or price change, or move on if the issues are larger than expected. “As-is” language usually does not remove the seller’s obligation to disclose known facts truthfully. Remedies for misrepresentation depend on the facts and the contract, so ask your agent to align next steps with your timeline.
Ready to buy in Hurst?
A clear disclosure and a focused plan will help you make a confident decision. If you are relocating or juggling a tight schedule, having a senior-level guide through records, inspections, and negotiations can save you stress and money. If you are ready to talk through a Hurst home you are considering, reach out to Maggie Love. We will help you verify the details and move forward with clarity.
FAQs
What is the Texas Seller’s Disclosure for Hurst buyers?
- It is a seller-completed form that shares the seller’s actual knowledge about a home’s condition so you can make informed decisions and plan inspections.
Do sellers have to fix items listed on the disclosure?
- Not automatically. The disclosure informs you, and repairs or credits are negotiated under your purchase contract and timelines.
Can I cancel if the seller never delivers the disclosure?
- Your contract controls the remedy. Many contracts provide termination rights or other options for non-delivery, so follow your contract and deadlines.
How do “as-is” sales affect disclosures in Texas?
- “As-is” does not typically remove the duty to disclose known defects. Sellers must still answer truthfully based on actual knowledge.
How can I verify flood risk for a Hurst home?
- Check the FEMA Flood Map Service Center and Tarrant County’s floodplain resources, then align your findings with insurance quotes and inspections.
Do I need a lead-based paint disclosure for older homes?
- Yes for most homes built before 1978. Federal rules require specific disclosures and the EPA’s lead safety pamphlet for those properties.
References:
- Review the TREC Seller’s Disclosure Notice on the Texas Real Estate Commission forms page.
- See Texas Property Code Section 5.008 for statutory requirements.
- Verify flood zones at the FEMA Flood Map Service Center.
- Learn about lead-based paint rules on the EPA’s real estate disclosure page.
- Explore Tarrant County floodplain management resources for local verification.