Most Killeen deals that fall apart in the option period do not die over price. They die when a buyer's inspector finds something the seller already knew about and left off the form.
The Texas seller's disclosure is the written notice a homeowner gives a buyer describing what the seller knows about the condition of the property. Texas Property Code Section 5.008 requires it on most resales of a single-family home, and the Texas Real Estate Commission updated the form in May 2026 with four new questions. If you are selling in Killeen, Harker Heights, Copperas Cove or anywhere around Fort Hood, this guide explains what the notice asks, what changed, what local issues trip sellers up, and how to complete it so it protects you instead of exposing you.
Quick Answers for Killeen Home Sellers
- What is the Texas seller's disclosure?
- A written notice, required by Texas Property Code Section 5.008, in which the seller of a one-unit home describes known defects, repairs, flood history, insurance status and other conditions. It reflects the seller's knowledge; it is not a warranty or an inspection.
- When does the buyer have to receive it?
- On or before the effective date of the sales contract. If it arrives later, the buyer can terminate for any reason within seven days of receiving it.
- Who is exempt from the Texas seller's disclosure?
- The statute exempts 11 kinds of transfers, including foreclosure and court-ordered sales, estate sales by an executor or trustee, sales between co-owners or to a spouse or relative, and never-occupied new construction.
- Does selling "as is" get me out of disclosing?
- No. An as-is clause limits many claims, but Texas courts do not let it shield a seller who knowingly conceals a defect or lies about the property.
- Do I have to disclose a death in the home?
- Not if it was from natural causes, suicide or an accident unrelated to the condition of the property. Section 5.008(c) removes that duty.
What Is the Texas Seller's Disclosure?
The Texas seller's disclosure is a statutory form, not a courtesy. Section 5.008 says a seller of residential property with not more than one dwelling unit "shall give to the purchaser" a written notice, and the statute itself prints the minimum questions. Most listings around Fort Hood use either the TREC Seller's Disclosure Notice (TREC No. 55-1) or the Texas REALTORS version (TXR-1406). Both follow the statute.
Three rules shape every Texas seller's disclosure:
- It is based on your knowledge. The notice is completed "to the best of seller's belief and knowledge" as of the date you sign. You are not required to hire an inspector to answer it.
- It is not a warranty. The form states in capital letters that it is not a substitute for any inspection or warranty the buyer may want.
- You fill it out, not your agent. Your listing agent can explain each question, but the answers must come from you. An agent who writes your answers takes on liability and puts yours at risk.
For buyers, the notice is the starting point for due diligence during the Texas option period. For sellers, an honest, complete Texas seller's disclosure is the cheapest insurance you will ever buy.
When Must the Seller's Disclosure Be Delivered?
The Texas seller's disclosure must reach the buyer on or before the effective date of the contract. Miss that and Section 5.008(f) gives the buyer a clean exit: they may terminate for any reason within seven days after receiving the notice, and the earnest money goes back to them. In a market where Killeen homes take weeks to go under contract, handing a buyer a free seven-day walk-away is a mistake you only make once.
Complete it before you list
Fill out the Texas seller's disclosure during the listing appointment, while repair receipts and insurance paperwork are in front of you. We upload it with the listing so every buyer's agent sees it before writing an offer.
Buyer acknowledges receipt before signing
The buyer signs the notice to confirm receipt, and the TREC resale contract records whether it was delivered. That signature is what starts the clock and closes the seven-day loophole.
Update it in writing if something changes
A hailstorm, a new leak or a failed inspection after listing is new knowledge. Give buyers an amended notice in writing rather than letting them find it themselves.
Keep a signed copy with your closing file
If a question ever comes up after closing, the dated, signed notice is your best evidence of what you told the buyer and when.
What Changed on the 2026 Texas Seller's Disclosure Form?
TREC adopted a revised Seller's Disclosure Notice, TREC No. 55-1, dated May 4, 2026, and it rolled out alongside the July 2026 contract updates. If you filled out a disclosure before mid-2026 and never sold, your old form is out of date. Here are the four new questions on the revised Texas seller's disclosure and what they mean for Central Texas homes.
| New item | What the form asks | Why it matters around Fort Hood |
|---|---|---|
| InsuranceNew | Whether the property is presently covered by insurance, whether it has windstorm coverage, and whether the seller has been unable to insure it for any reason. | Hail-driven roof claims and non-renewals are common in Bell County. A buyer who cannot get a policy cannot close, so this now surfaces early. |
| Private roadNew | A private road on or adjoining the property that the seller is financially responsible for maintaining. | Common on acreage outside Killeen, Nolanville, Kempner and the rural edges of Copperas Cove and Salado. |
| Aboveground storage tanksNew | Any aboveground tank on the property holding 500 gallons or more that has stored petroleum products or other chemicals. | Farm fuel tanks and large propane setups on rural lots now have to be listed. |
| Conservation easementsNew | Any conservation easement located on the property. | Easements restrict building, subdividing and land use, which directly affects value on larger tracts. |
The 2026 TREC update also added water-rights disclosures — wells, whether the property sits in a groundwater conservation district, and whether water rights have been sold or leased. Most of Bell County falls within the Clearwater Underground Water Conservation District, so rural sellers with a well should expect those questions too.
What Does the Texas Seller's Disclosure Ask? Section by Section
The Texas seller's disclosure runs several pages, but it breaks into a handful of topics. The right-hand column is where we see Killeen sellers slip.
| Topic | What you disclose | Killeen watch-out |
|---|---|---|
| Items and systems | Which appliances, systems and fixtures the home has, and whether each works. | Marking a sprinkler system or garage opener "working" when it has not run in a year. |
| Smoke detectors | Whether working smoke detectors are installed as required by the Texas Health and Safety Code. | Missing detectors are also a VA appraisal flag. Cheap to fix before listing. |
| Structural and components | Known defects in the foundation, roof, walls, floors, plumbing, electrical and more. | Expansive clay soil makes foundation movement one of the most common issues in the area. |
| Conditions | Termites and prior treatment, water damage, previous structural or roof repair, lead-based paint, and other hazards. | Past termite treatment and roof replacements after hail must be listed even when fully repaired. |
| Flood | Flood insurance, past flooding, floodplain, floodway, flood pool and reservoir location, NFIP claims and FEMA or SBA assistance. | Creek-side lots and homes near Belton Lake and Stillhouse Hollow Lake. See the flood section below. |
| Other notices | Unpermitted additions, HOA fees, lawsuits, easements, and the four new 2026 items. | Garage conversions done without permits are a frequent surprise in older Killeen subdivisions. |
| Military installation | A pre-printed notice that the property may be near a military installation. | Every seller near Fort Hood signs this. It is a notice, not an admission of a defect. |
9 Things Killeen Sellers Leave Off the Texas Seller's Disclosure
After more than 5,000 closings, the same omissions come up again and again. None of these kill a sale when disclosed up front. Almost all of them can when a buyer's inspector discovers them first.
Past Foundation Repair
Piers installed years ago still count as a previous structural repair. Hand over the warranty and engineer's letter — it becomes a selling point.
Hail Roof Claims
A roof replaced through insurance is a previous roof repair. Buyers' insurers will see the claim anyway.
Insurance Non-Renewal
New in 2026: if a carrier refused or dropped you, the form now asks whether you have been unable to insure the property.
Termite Treatment
Prior treatment and prior damage are separate boxes. A transferable treatment contract reassures buyers.
Water in the House
A slab leak, a burst supply line or storm water under a door is water penetration. Say what happened and what was fixed.
Unpermitted Work
Converted garages, enclosed patios and added bathrooms without permits must be disclosed.
Lead Paint on Older Homes
Homes built before 1978 require a separate federal lead-based paint disclosure and EPA pamphlet, on top of the state form.
HOA Violations or Fees
Open violation notices and special assessments belong on the form, and buyers will see them in the resale certificate anyway.
Septic and Wells
Rural lots near Kempner and Florence: disclose the system type, known problems and any aerobic maintenance contract.
The inspector will find it anyway. Central Texas inspectors look for sistered joists, fresh slab patches and replaced roof decking every day. A defect you listed on your Texas seller's disclosure is a negotiating point. A defect you hid is a trust problem, and trust problems end contracts. Our VA appraisal guide covers which of these a VA appraiser will also flag.
The Fort Hood Notice Every Killeen Seller Signs
The last part of the Texas seller's disclosure reads: "This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations." The statute adds that information on noise and compatible use zones is available in the installation's most recent Air Installation Compatible Use Zone Study or Joint Land Use Study.
Around Fort Hood, this is not theoretical. Robert Gray Army Airfield shares its runway with Killeen-Fort Hood Regional Airport, helicopter traffic is routine, and live-fire training can be heard across much of Killeen, Harker Heights and Copperas Cove. Because the language is pre-printed, signing it is not an admission that anything is wrong with your home. It simply tells the buyer to look into it.
Most of our buyers are soldiers and military families who already know what the installation sounds like. For out-of-state civilian buyers, a short, honest note in the listing about flight paths or range noise does more to prevent a surprise than any form could. If you are selling on PCS orders, our guide for military officers covers remote closings and renting versus selling.
Flood Questions on the Texas Seller's Disclosure: Belton Lake, Stillhouse Hollow and Local Creeks
The flood section is the most detailed part of the notice. It asks whether you have flood insurance, whether the home has had water from a natural flood event or from a reservoir release, and whether any part of the property lies in a 100-year floodplain, 500-year floodplain, floodway, flood pool or reservoir. It also asks whether you have ever filed a flood claim, including with the National Flood Insurance Program, or received FEMA or SBA assistance for flood damage.
Two local details matter. First, the statute defines "reservoir" as a water project operated by the U.S. Army Corps of Engineers, and both Belton Lake and Stillhouse Hollow Lake are Corps reservoirs, so lake-area homes need a careful look at the flood pool boxes. Second, check the "wholly or partly" wording: a back fence line inside a floodplain still means "partly." Look up your address on the FEMA Flood Map Service Center before you answer, and keep any elevation certificate you have with the listing file.
Get Your Texas Seller's Disclosure Reviewed Before You List
Book a free seller consultation and we will walk through every question on the notice with you, pull your flood zone, and flag anything a buyer's inspector or VA appraiser is likely to find — before it costs you a contract.
Military, veterans, first responders, healthcare workers and teachers: ask about Homes for Heroes rewards when you sell with us.
Who Is Exempt From the Texas Seller's Disclosure?
Section 5.008(e) lists 11 kinds of transfers that do not require the notice. They are narrower than most people assume.
Court, lender and fiduciary transfers
- Court-ordered transfers and foreclosure sales
- Transfers by a trustee in bankruptcy
- Transfers to a lender by the borrower, including a deed in lieu
- Sales by a lender that acquired the home through foreclosure
- Sales by an executor, administrator, guardian or trustee in the course of administering an estate, guardianship, conservatorship or trust
Family, government and special cases
- Transfers from one co-owner to another
- Transfers to a spouse or to a lineal relative
- Transfers between spouses under a divorce or legal separation decree
- Transfers to or from a governmental entity
- New homes never occupied as a residence
- Land where the value of any dwelling is 5% or less of the property's value
That is why bank-owned homes in our Killeen foreclosures guide and many listings in a probate home sale arrive with no Texas seller's disclosure, and why builders selling new homes in Killeen do not use one. Two cautions: an exemption from the form is not permission to misrepresent the property, and the federal lead-based paint rule for pre-1978 homes has its own, narrower exemptions. Many executors provide a notice anyway, marking items "unknown," because it reassures buyers and supports the sale price.
What the Texas Seller's Disclosure Does Not Require
Section 5.008(c) says a seller has no duty to disclose whether a death by natural causes, suicide or an accident unrelated to the condition of the property occurred on the property. Everything tied to the physical condition of the home stays in scope.
Why "As Is" Is Not a Shield
Many sellers assume an as-is sale lets them skip the Texas seller's disclosure or answer vaguely. It does not. In Prudential Insurance Co. of America v. Jefferson Associates (Tex. 1995), the Texas Supreme Court held that an as-is clause generally bars a buyer's claims, but not when the seller fraudulently induced the buyer or concealed information. Selling as is means the buyer accepts the condition. It does not mean the buyer accepts being misled about it.
When sellers leave things off
- Buyer finds it during the option period and terminates
- Repair demands arrive with no trust left to negotiate
- A late notice triggers the seven-day walk-away
- After closing: fraud and Deceptive Trade Practices Act claims
- The home goes back on the market as a "back on market" listing
When sellers disclose fully
- Known issues are priced in before the offer is written
- Inspection finds little the buyer did not expect
- Repair negotiations stay small and factual
- A dated, signed record protects you after closing
- Contracts reach the closing table
How to Fill Out the Texas Seller's Disclosure the Right Way
Set aside an hour, gather your paperwork and work through these steps. It is the same process we use with every seller at the listing appointment.
Pull your repair and permit records
Foundation warranties, roof invoices, termite contracts, HVAC replacements and permits for any additions. Receipts turn "previous repair" from a red flag into proof of maintenance.
Check your insurance history
Review your policy status and any claims. You can request your free CLUE report from LexisNexis once a year to see the claims history tied to the property.
Look up your flood zone
Search your address on the FEMA flood map and answer the "wholly or partly" boxes precisely. Keep any elevation certificate with the file.
Walk the house with the form in hand
Test every item before you mark it working: sprinklers, garage door, ceiling fans, fireplace, pool equipment. If you have not used it recently, say so.
Answer "unknown" only when it is true
"Unknown" is correct for a condition you have no knowledge of. It is not a safe harbor for something you remember.
Explain every "yes" in plain language
Use the explanation lines: what happened, when, who fixed it, and whether it has recurred. Attach documents where helpful.
Sign, date and deliver before any contract
Upload the notice with the listing so it is in the buyer's hands before the contract becomes effective, and update it in writing if anything changes.
A clean Texas seller's disclosure also supports your list price. Pair it with our guides on pricing your home correctly and home staging, check your number with our what's my home worth tool, and see how the pieces fit on our sell your home in Killeen page. If you are buying your next home locally, you can browse homes for sale across the Fort Hood area while you prepare to list.
Key Takeaways
- The Texas seller's disclosure is required on most resales of a one-unit home under Property Code Section 5.008.
- Deliver the Texas seller's disclosure before the contract is effective, or the buyer gets seven days to walk away for any reason.
- The 2026 form (TREC No. 55-1) adds four questions: insurance, private roads, aboveground storage tanks and conservation easements.
- Every seller near Fort Hood signs the military installation notice. It is a notice, not a defect.
- Pre-1978 homes need the federal lead paint disclosure in addition to the state form.
- "As is" does not excuse concealment. Full disclosure is what gets contracts to closing.
Texas Seller's Disclosure FAQ
Is a Texas seller's disclosure required when selling a house?
Yes, for most sales. Texas Property Code Section 5.008 requires the seller of residential property with not more than one dwelling unit to give the buyer a written disclosure notice. The statute exempts 11 types of transfers, such as foreclosure sales, estate sales by an executor, transfers between co-owners or family members, and never-occupied new construction.
What happens if the Texas seller's disclosure is delivered late?
The notice must be delivered on or before the effective date of the contract. If the buyer receives it afterward, the buyer may terminate the contract for any reason within seven days after receiving it. Delivering it with the listing avoids the problem entirely.
What is new on the 2026 Texas seller's disclosure form?
TREC's revised Seller's Disclosure Notice, TREC No. 55-1 dated May 4, 2026, adds questions on whether the property is presently insured or has windstorm coverage and whether the seller has been unable to insure it, private roads the seller must maintain, aboveground storage tanks of 500 gallons or more that have held petroleum or chemicals, and conservation easements.
Can I sell my Killeen house "as is" and skip the Texas seller's disclosure?
No. An as-is sale does not remove the statutory duty to provide the notice, and Texas courts do not enforce an as-is clause for a seller who knowingly concealed a defect or made false statements. Selling as is means the buyer accepts the condition, not that the buyer accepts being misled.
Do I have to disclose that I live near Fort Hood?
The statutory form includes a pre-printed notice that the property may be near a military installation and may be affected by high noise, air installation compatible use zones or other operations. Every seller signs it. It is a general notice, not an admission of a defect in your home.
Do I have to disclose a death in the house in Texas?
Not if the death was from natural causes, suicide or an accident unrelated to the condition of the property. Section 5.008(c) says the seller and the seller's agent have no duty to disclose those events. Conditions of the property itself must still be disclosed on the Texas seller's disclosure.
Sources and disclaimer. Statutory requirements are from Texas Property Code Section 5.008. Form details are from the Texas Real Estate Commission Seller's Disclosure Notice (TREC No. 55-1). Lead-based paint requirements are from the U.S. Environmental Protection Agency, and flood maps are from the FEMA Flood Map Service Center. Information is current as of September 2026. This article is general information, not legal advice. Consult a Texas real estate attorney about your specific situation. Homevets Realty LLC, TREC Broker License #519202. See our Information About Brokerage Services.