Texas Codes

Tex. Prop. Code § 5.069 (2026)

Seller's Disclosure Of Property Condition

✓ current as of May 2026

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Sec. 5.069. SELLER'S DISCLOSURE OF PROPERTY CONDITION. (a) Before an executory contract is signed by the purchaser, the seller shall provide the purchaser with:

(1) a survey, which was completed within the past year, or plat of a current survey of the real property;

(2) a legible copy of any document that describes an encumbrance or other claim, including a restrictive covenant or easement, that affects title to the real property; and

(3) a written notice, which must be attached to the contract, informing the purchaser of the condition of the property that must, at a minimum, be executed by the seller and purchaser and read substantially similar to the following:

WARNING

IF ANY OF THE ITEMS BELOW HAVE NOT BEEN CHECKED, YOU MAY NOT BE ABLE TO LIVE ON THE PROPERTY.

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT (street address or legal description and city)

THIS DOCUMENT STATES CERTAIN APPLICABLE FACTS ABOUT THE PROPERTY YOU ARE CONSIDERING PURCHASING.

CHECK ALL THE ITEMS THAT ARE APPLICABLE OR TRUE:

_____ The property is in a recorded subdivision.

_____ The property has water service that provides potable water.

_____ The property has sewer service.

_____ The property has been approved by the appropriate municipal, county, or state agency for installation of a septic system.

_____ The property has electric service.

_____ The property is not in a floodplain.

_____ The roads to the boundaries of the property are paved and maintained by:

_____ the seller;

_____ the owner of the property on which the road exists;

_____ the municipality;

_____ the county; or

_____ the state.

_____ No individual or entity other than the seller:

(1) owns the property;

(2) has a claim of ownership to the property; or

(3) has an interest in the property.

_____ No individual or entity has a lien filed against the property.

_____ There are no restrictive covenants, easements, or other title exceptions or encumbrances that prohibit construction of a house on the property.

NOTICE: SELLER ADVISES PURCHASER TO:

(1) OBTAIN A TITLE ABSTRACT OR TITLE COMMITMENT COVERING

THE PROPERTY AND HAVE THE ABSTRACT OR COMMITMENT REVIEWED

BY AN ATTORNEY BEFORE SIGNING A CONTRACT OF THIS TYPE; AND

(2) PURCHASE AN OWNER'S POLICY OF TITLE INSURANCE

COVERING THE PROPERTY.


_____________________________	______________________________


(Date)	(Signature of Seller)


_____________________________	______________________________


(Date)	(Signature of Purchaser)

(b) If the property is not located in a recorded subdivision, the seller shall provide the purchaser with a separate disclosure form stating that utilities may not be available to the property until the subdivision is recorded as required by law.

(c) If the seller advertises property for sale under an executory contract, the advertisement must disclose information regarding the availability of water, sewer, and electric service.

(d) The seller's failure to provide information required by this section:

(1) is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and is actionable in a public or private suit brought under Subchapter E, Chapter 17, Business & Commerce Code; and

(2) entitles the purchaser to cancel and rescind the executory contract and receive a full refund of all payments made to the seller.

(e) Subsection (d) does not limit the purchaser's remedy against the seller for other false, misleading, or deceptive acts or practices actionable in a suit brought under Subchapter E, Chapter 17, Business & Commerce Code.

Added by Acts 1995, 74th Leg., ch. 994, Sec. 3, eff. Sept. 1, 1995. Renumbered from Property Code Sec. 5.094 and amended by Acts 2001, 77th Leg., ch. 693, Sec. 1, eff. Sept. 1, 2001.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 2004–2021 · leading case: Kevin T. Morton v. Hung Nguyen & Carol S. Nguyen, 412 S.W.3d 506 (Tex. 2013).

Sort: Relevance Newest Treatment

Kevin T. Morton v. Hung Nguyen & Carol S. Nguyen, 412 S.W.3d 506 (Tex. 2013). · cites it 11× “Various sections in Subchapter D entitle a buyer to “cancel and rescind” the contract for deed and “receive a full refund of all payments made to the seller” if the seller fails to comply with the disclosure and notice requirements.”

Kevin T. Morton v. Hung Nguyen & Carol S. Nguyen, 369 S.W.3d 659 (Tex. App. 2012). · cites it 5× “See Tex. PROp.Code Ann. §§ 5.069,5.070,5.072,5.”

Rex Smith v. Kelly Davis & Amber Davis, 462 S.W.3d 604 (Tex. App. 2015). · cites it 5× “41 to the Davises under Texas Property Code Sections 5.069 (failure to provide a survey and disclosures concerning whether the property was within a flood plain), 5.”

Brown v. De La Cruz, 156 S.W.3d 560 (Tex. 2004). “Laws 4982 , 4985 (amended 2001) (providing that seller’s failure to provide purchaser with survey of property, written notice whether the property has utilities, and other information is actionable in a public or private suit under the DTPA) (emphasis added) (current version at…”

Jerry Weaks & Joyce Weaks v. Kathleen Jeanette White, 479 S.W.3d 432 (Tex. App. 2015). · cites it 4× “See TEX. PROP. CODE ANN. §§ 5.069, 5.070, 5.072.”

Lee v. Choudhri (Bankr. S.D. Tex. 2021). · cites it 4× “’s first, second, third, and fourth counterclaims for violation of Tex. Prop. Code§ 5.069; Tex. Prop. Code§ 5.”

Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2015). · cites it 5× “41 to the Davises under Texas Property Code Sections 5.069 (failure to provide a survey and disclosures concerning whether the property was within a flood plain), 5.”

Carl \Stacey\" Neese, 479 S.W.3d 368 (2015). “, Tex. PROP. Code Ann. §§ 5.069 (d)(2), 5.070(b)(2) (West 2014).”

Rex Smith & Nancy Smith v. Kelly Davis & Amber Davis (Tex. App. 2013). · cites it 2× “The jury also made findings in favor of the Davises under Texas Property Code Sections 5.069 (failure to provide a survey and disclosures concerning whether the property was within a flood plain), 5.”

Premium Assets, Inc. v. Lydia A. Garcia D/B/A Joe Lynn Dazzles & More & Lydia Ann Garcia (Tex. App. 2015). “072(e)(1), (0 Seller's Disclosure of Property Condition Tex. Prop. Code§ 5.069(d)(a), (e) 34”

Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2015). “2 Texas Property Code §5.070 ..............”

Bobbie White v. Josefino Bencomo III (Tex. App. 2015). “9 Tex. Prop. Code § 5.069 …………………………………….10 Tex.”

— Tex. Prop. Code § 5.069(a)(1) — 1 case

Rex Smith v. Kelly Davis & Amber Davis (Tex. App. 2015). “41 to the Davises under Texas Property Code Sections 5.069 (failure to provide a survey and disclosures concerning whether the property was within a flood plain), 5.”

— Tex. Prop. Code § 5.069(a)(l) — 1 case

— Tex. Prop. Code § 5.069(d) — 1 case

Kevin T. Morton v. Hung Nguyen & Carol S. Nguyen, 412 S.W.3d 506 (Tex. 2013). “Various sections in Subchapter D entitle a buyer to “cancel and rescind” the contract for deed and “receive a full refund of all payments made to the seller” if the seller fails to comply with the disclosure and notice requirements.”

— Tex. Prop. Code § 5.069(d)(1) — 2 cases

— Tex. Prop. Code § 5.069(d)(2) — 3 cases

Kevin T. Morton v. Hung Nguyen & Carol S. Nguyen, 369 S.W.3d 659 (Tex. App. 2012). “See Tex. PROp.Code Ann. §§ 5.069,5.070,5.072,5.”

Jerry Weaks & Joyce Weaks v. Kathleen Jeanette White, 479 S.W.3d 432 (Tex. App. 2015). “See TEX. PROP. CODE ANN. §§ 5.069, 5.070, 5.072.”

— Tex. Prop. Code § 5.069(d)(a) — 1 case

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