Texas Seller's Disclosure Notice (TREC Form OP-H)
Complete guide to Texas TREC Form OP-H Seller's Disclosure Notice, including filing requirements, deadlines, and penalties for residential property sales.
Texas Seller's Disclosure Notice (TREC Form OP-H)
Overview
The Texas Seller's Disclosure Notice, officially known as TREC Form OP-H, is a mandatory disclosure document required under Texas Property Code Section 5.0061. This form allows sellers to disclose known defects and material facts about the property to buyers before they are contractually bound.
Legal Authority and Requirements
Texas Real Estate Commission (TREC) mandates that sellers provide written notice of any known defects in the property. This includes both structural and non-structural conditions that could affect the property's value or desirability.
Applicability
The disclosure requirement applies to:
- Residential properties (1-4 units)
- Owner-occupied and investment properties
- Most residential real estate transactions in Texas
Exemptions
Certain transactions are exempt from the disclosure requirement:
- Sales between relatives
- New construction (when builder is the seller)
- Foreclosure sales
- Transfers by court order
- Sales where buyer is already the property owner
Required Disclosures
Property Condition Information
The form requires sellers to indicate the condition of:
Structural and Foundation
- Foundation and slab condition
- Walls, floors, and roof condition
- Ceiling and attic condition
Systems and Utilities
- Electrical system condition and amperage
- Plumbing and sewage system
- Water supply and treatment systems
- Heating and air conditioning units
- Hot water system
Interior Components
- Walls and interior surfaces
- Carpet and flooring
- Windows and doors
- Insulation and ventilation
Environmental and Safety Issues
- Lead-based paint (for pre-1978 homes)
- Mold or water intrusion
- Radon gas
- Asbestos materials
- Underground storage tanks
Additional Disclosures
Beyond property condition, sellers must disclose:
- Previous insurance claims or denials
- Homeowners Association information
- Architectural control restrictions
- Subdivision restrictions
- Easements and encroachments
- Code violations
- Environmental conditions
- Property location relative to flood zones
- Occupancy restrictions