Texas law requires most home sellers to provide a written Seller’s Disclosure Notice, and in a lake community like Highland Haven, a few of the standard disclosure categories carry extra weight. Here’s what the notice actually covers, the mistakes I see most often, and why it matters here specifically.
Robbie English, REALTOR and Broker at Uncommon Highland Lakes Realty. I’m not an attorney, and for questions about how disclosure law applies to your specific situation, I always recommend talking to a Texas real estate attorney. Here’s the practical overview.
TLDR: Highland Haven real estate disclosures
- Texas Property Code Section 5.008 requires sellers of most residential property to disclose known property conditions in writing before the contract is signed.
- The notice covers structural, plumbing, electrical, and other systems, to the best of the seller’s knowledge.
- It also requires flood-related disclosures, including flood zone status and whether the property sits in a reservoir flood pool.
- The most common mistakes are leaving items blank instead of marking “unknown,” and forgetting to update the notice if something changes before closing.
What the Texas Seller’s Disclosure Notice covers
Under Texas Property Code Section 5.008, most sellers of residential property must give buyers a written disclosure notice before the contract becomes binding. It’s completed to the best of the seller’s knowledge and belief as of the date it’s signed, covering things like known issues with the foundation, roof, plumbing, and electrical systems, along with past repairs and any material defects the seller is aware of. A handful of transactions are exempt, including new construction that’s never been occupied and certain foreclosure or family transfers, but exemption from the form doesn’t remove your general obligation to disclose known defects.
Why flood disclosures matter more here
The notice also requires sellers to disclose whether the property sits in a FEMA-designated flood zone, whether it has flooded in the past five years, and whether it’s located in a reservoir’s flood pool. Lake LBJ is a constant-level lake managed by the Lower Colorado River Authority, so waterfront and near-water Highland Haven sellers need to be precise and complete on these items. Getting this wrong, even unintentionally, can create real problems later in the transaction.
The disclosure mistakes I see most often
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The single biggest mistake is leaving a question blank instead of marking “unknown” when you genuinely don’t know the answer. A blank reads as an oversight; “unknown” is an honest, defensible answer. Second is treating the disclosure as a one-time task instead of a living document. If something changes between signing the notice and closing, a repair fails, you discover an issue, it needs to be updated and re-delivered, not left as-is. Third is sellers trying to interpret ambiguous questions in the way that’s most favorable to them rather than answering plainly. When in doubt, disclose what you know and say so directly.
A note on older properties
A lot of Highland Haven’s housing stock dates back to the community’s development in the late 1960s and 1970s. Older homes sometimes come with a longer history of repairs, updates, or additions than the seller has full paperwork for. When you’re not certain about something, disclose what you do know and say so plainly rather than guessing or leaving it blank. That protects you more than it exposes you.
What sellers don’t have to disclose
Texas law specifically does not require sellers to disclose a death on the property from natural causes, suicide, or an accident unrelated to the property’s condition, or whether a previous occupant had a communicable disease. Those exclusions are written into the statute itself.
Questions about your disclosure notice?
If you’re preparing to sell in Highland Haven and want to talk through what applies to your property, get in touch.
