What Documents Do You Need to Sell Your Home in Texas? The Complete FSBO Checklist (2026)

Updated June 2026 | Waymark Real Estate | TREC License 639078

Selling your home in Texas without a traditional listing agent is legally straightforward — but the paperwork is not something you want to improvise. Texas law requires specific disclosures, standardized contracts, and transaction documents at precise stages of the sale. Miss one and you risk delayed closings, legal liability, or a buyer exercising their right to terminate.

The good news is that Texas is one of the most seller-friendly states in the country for independent sales. The Texas Real Estate Commission (TREC) makes its standardized forms available to the public at no cost — something most states do not do. You do not need a license to use them. You do need to understand what each one requires and when it must be delivered.

This guide covers every document a Texas seller needs from pre-listing through closing, what each one requires, and where to find it.

Pre-Listing Documents
The TREC One to Four Family Residential Contract
Seller's Disclosure Notice (Form OP-H)
Lead-Based Paint Disclosure
HOA Documents and the Property Owners Association Addendum
Municipal Utility District (MUD) Notice
Common Contract Addenda
Closing Documents
Document Delivery Timeline
Frequently Asked Questions

Pre-Listing Documents

Before your listing goes live on the MLS, gather these documents. Having them ready before you receive an offer keeps the transaction moving and signals to buyers that you are an organized, prepared seller.

Property deed: Your current deed confirms ownership and the legal description of the property. Your title company will need this at closing. Find it in your county clerk's records or through your title company.
Mortgage payoff statement: Contact your lender for a current payoff statement. This tells you exactly how much you owe and what you will net at closing after satisfying the loan.
Property tax records: Current and past property tax statements help buyers understand their carrying costs and confirm there are no delinquent taxes that could cloud the title.
Home improvement records: Receipts, permits, and warranties for work done on the property — roof replacement, HVAC installation, foundation repairs — support your asking price and are often requested during the inspection period.
Prior inspection reports: If you have a prior inspection report, you are generally better off disclosing it. Attempting to conceal it when a buyer's inspector finds the same issues creates legal exposure under Texas law.
HOA documents: If your property is in a homeowners association, request your resale certificate and current governing documents before you list. Buyers have the right to review them and may terminate if they are not satisfied. More on this in the HOA section below.
Survey: A current survey showing property boundaries, easements, and improvements. Lenders typically require one. Having a recent survey ready can prevent closing delays.

The TREC One to Four Family Residential Contract

The TREC One to Four Family Residential Contract (Resale) is the standard purchase agreement used in virtually every Texas residential transaction. It is the document that legally binds you and the buyer to the terms of the sale.

The contract covers the purchase price, earnest money deposit, financing terms, the option period, property condition, title requirements, closing date, and possession. It also references any addenda attached to it, which is why understanding what addenda apply to your property matters before you receive an offer.

TREC makes this form available free to the public at trec.texas.gov/forms. Note that the Texas Association of Realtors also publishes a version of this contract — the TAR Residential Real Estate Listing Agreement — but that version is only available to licensed Realtors. The TREC form is the appropriate document for sellers using a licensed flat-fee brokerage like Waymark.

Key sections every seller should understand before accepting an offer:

Paragraph 5 — Earnest Money: The amount, who holds it, and what happens if the contract terminates. A larger earnest money deposit signals a more committed buyer.
Paragraph 7B — Inspections: The option period gives the buyer an unrestricted right to terminate for any reason during a specified number of days, typically 5 to 10. The option fee is paid directly to the seller and is non-refundable.
Paragraph 8 — Brokers: This section identifies the listing and buyer brokers and the compensation offered. After the NAR settlement, buyer agent compensation is negotiated separately rather than being mandated by MLS rules.
Paragraph 11 — Special Provisions: A limited field for items not covered elsewhere in the contract. Anything complex should be handled by an addendum rather than crowded into this paragraph.
Paragraph 23 — Termination Option: The buyer pays a fee for the right to terminate during the option period. The fee amount and period length are negotiable.

If you are selling with Waymark, Aria reads every TREC contract you receive, breaks down each paragraph in plain English, calculates your net proceeds, and flags any terms that warrant attention before you sign. See How to Read a TREC Offer: What Every Texas Seller Needs to Know for a full walkthrough.

Seller's Disclosure Notice (Form OP-H)

The Seller's Disclosure Notice (TREC Form OP-H) is the most legally significant document in a Texas home sale. Texas law requires sellers to disclose known material defects and conditions across 43 categories covering every major system and condition of the property.

Missing a single disclosure or providing an inaccurate answer can expose you to post-close litigation. Texas law holds sellers liable for material defects they knowingly conceal, and a buyer who discovers undisclosed defects after closing may have claims for breach of contract, fraud, negligent misrepresentation, and violations of the Texas Deceptive Trade Practices Act. DTPA claims can result in up to three times actual damages plus attorney fees for knowing violations.

The disclosure covers these categories:

Structural components: Foundation, roof, walls, floors, and ceilings — known defects, previous repairs, or ongoing issues
Mechanical systems: HVAC, plumbing, electrical, and water heater — known problems, age, and condition
Water and moisture: Known water intrusion, flooding history, drainage issues, and mold or moisture damage
Flood history: Texas law requires sellers to disclose whether the property is in a FEMA-designated flood plain, has flooded within the past five years, is located in a flood pool area, or has been repaired for flood damage
Environmental hazards: Known asbestos, lead paint in homes built before 1978, underground storage tanks, and hazardous waste
Legal and title issues: Known easements, encroachments, boundary disputes, deed restrictions, and liens that will survive closing
HOA information: Whether the property is subject to a homeowners association, mandatory fees, and deed restrictions
Pest infestations: Past or present infestations and any damage or treatments

When must you deliver it? Texas law requires you to deliver the Seller's Disclosure Notice no later than the buyer's inspection period. Most sellers provide it at offer acceptance to keep negotiations moving and avoid giving the buyer a termination right based on late delivery.

TREC Form OP-H vs. TAR Form 1406: The TREC form covers the legal minimum required by Texas law. The TAR Seller's Disclosure Notice (Form 1406) is more detailed but is only available to licensed Realtors. Sellers working with Waymark use the TREC form, which satisfies all legal requirements.

Aria walks you through all 43 questions of the Texas Seller's Disclosure line by line in plain English, explaining what each question asks and the consequences of different answers before you submit it. This is one of the most important protections Waymark provides — see How to Sell a House Without a Realtor in Texas for more context on the disclosure process.

Lead-Based Paint Disclosure

Federal law — specifically the Residential Lead-Based Paint Hazard Reduction Act of 1992 — requires sellers of homes built before 1978 to provide buyers with a Lead-Based Paint Disclosure before the purchase contract is signed.

The disclosure must include:

Any known information about lead-based paint or lead-based paint hazards in the home
Any available records or reports related to lead paint
An EPA-approved informational pamphlet: Protect Your Family From Lead in Your Home

Buyers must receive this disclosure before signing the purchase contract. Failure to provide it can result in federal fines of up to $18,364 per violation and potential civil liability.

If your home was built in 1978 or later, this disclosure is not required. If you are unsure of your home's construction date, check your property records at the county appraisal district website or your original closing documents.

HOA Documents and the Property Owners Association Addendum

If your property is in a mandatory homeowners association or property owners association, you have specific disclosure obligations and a dedicated TREC addendum that governs the transaction.

The Resale Certificate

The resale certificate is the most important HOA document in a Texas transaction. It provides the buyer with a detailed snapshot of the HOA's financial health and your account status at the time of sale. Texas Property Code Section 207 governs what the resale certificate must contain, including:

Current and past-due assessments owed on the property
Capital expenditures approved but not yet assessed
The HOA's current operating budget and reserve fund balance
Pending violations or enforcement actions against the property
Any pending litigation involving the HOA
Insurance coverage maintained by the HOA
Any transfer fees charged to buyers

You must request the resale certificate from your HOA or its management company. Most HOAs charge a fee for this document, typically $100 to $375. The resale certificate must be delivered to the buyer within a specific timeframe after the contract is signed, and the buyer has the right to terminate if they are not satisfied with what it contains.

Governing Documents

In addition to the resale certificate, buyers are entitled to review the HOA's governing documents — the declaration of covenants, conditions, and restrictions (CC&Rs), bylaws, rules and regulations, and any architectural guidelines. Gather these before you list so you can provide them without delay after contract execution.

TREC Form 36-10 — Property Owners Association Addendum

TREC Form 36-10 is the addendum used when the property is subject to mandatory HOA membership. It addresses who orders and pays for the resale certificate, caps on transfer fees and deposits, and who pays the title company for HOA information requests. These are real dollar amounts that get negotiated, and without the addendum there is no agreed-upon framework for who pays what.

Note that the base contract (Paragraph 6A(2)) already notifies the buyer of mandatory HOA membership, but the addendum covers the financial negotiation points the contract does not address.

What Happens If You Don't Provide HOA Documents

Failing to provide required HOA disclosures can lead to delayed closings, legal liability, or buyer cancellation rights. Buyers in Texas have a statutory right to terminate the contract if they are not satisfied with the HOA documents, making timely delivery essential to keeping your transaction on track.

Municipal Utility District (MUD) Notice

A Municipal Utility District is a special-purpose district that provides water, sewer, drainage, and other utility services to areas outside existing city infrastructure. MUDs are extremely common in Texas suburbs, particularly in the Houston, San Antonio, Austin, and Dallas-Fort Worth metro areas.

Texas law requires sellers to provide buyers with a MUD Notice before the buyer enters into a sales contract. The notice must provide information regarding the tax rate, bonded indebtedness, and fees of the MUD.

In 2023, the Texas Legislature made significant changes to the MUD Notice form sellers are required to give to buyers, set out in HB 2815 and HB 2816. TREC introduced Form 59-0 to aid sellers in providing MUD Notices effectively. MUD Notices must be provided to buyers before contract execution or included as an addendum to the contract at the time of execution. Failure to deliver on time grants buyers termination rights or potential damages.

To find out if your property is in a MUD, check with your utility provider, your county appraisal district, or search the Texas Commission on Environmental Quality (TCEQ) MUD database. Most MUDs are required to post their current notice on their websites.

Similar notice requirements apply to Water Control and Improvement Districts (WCIDs) and Public Improvement Districts (PIDs), which are also common in Texas new construction and master-planned communities.

Common Contract Addenda

Addenda are attachments to the base TREC contract that address specific circumstances not covered by the standard form. Several are extremely common in Texas transactions and sellers should understand which ones apply to their situation.

Third-Party Financing Addendum

Used when the buyer is obtaining conventional, FHA, VA, or other third-party financing. This addendum establishes the financing contingency — the buyer's right to terminate if they cannot obtain financing on specified terms. It sets the loan amount, interest rate ceiling, loan program, and the deadline for buyer's financing approval. Understanding this addendum matters because it directly affects how long the buyer can terminate without penalty if their loan falls through.

Addendum for Sale of Other Property by Buyer

Used when the buyer's purchase of your home is contingent on selling their current home first. This addendum carries risk for sellers because it keeps your home under contract while the buyer attempts to sell their property. It typically includes a kick-out clause that allows you to continue marketing and accept a backup offer under specific conditions.

Seller's Temporary Residential Lease

Used when you need to remain in the home after closing for a short period. This addendum establishes a lease between you and the buyer for the post-closing period, typically no more than 90 days. It sets the daily rental rate, deposit, and conditions. If you need to stay longer, a separate lease agreement is appropriate.

Right to Terminate Due to Lender's Appraisal

Used when the buyer wants the right to terminate if the property does not appraise at or above the sales price. Understanding how this addendum works is critical — if the appraisal comes in below contract price and this addendum is attached, you have limited ability to hold the buyer to the original terms without renegotiating.

Amendment to Contract

Used after the contract is executed to modify its terms — adjusting the closing date, the sales price following an appraisal gap, or making other agreed-upon changes. Every post-contract modification should be documented with a signed amendment rather than handled verbally or by email.

Notice of Buyer's Termination of Contract

Used by the buyer to formally exercise a termination right under the contract. As a seller, understanding when this notice can and cannot be delivered — and what it triggers regarding earnest money — is important to protecting your interests.

Closing Documents

At the closing table, a title company or closing attorney manages the exchange of documents and funds. The seller typically signs fewer documents than the buyer, but several are significant.

Closing Disclosure (Settlement Statement)

The closing disclosure, also known as a settlement statement or HUD-1, itemizes every financial detail of the transaction — the sales price, loan payoffs, prorated taxes, HOA fees, title insurance premiums, recording fees, commissions, and your net proceeds. Review this document carefully before the closing appointment. If the numbers do not match your expectations, raise them with the title company before you sign — not after.

Aria tracks your transaction timeline and sends reminders as the closing date approaches so you have time to review the closing disclosure before the appointment rather than seeing it for the first time at the table.

Deed

The warranty deed or special warranty deed transfers legal ownership of the property to the buyer. Your title company prepares this document based on the terms of the contract. You sign it at closing and it is recorded with the county clerk's office, typically within one to two business days after funding.

Bill of Sale

If personal property is included in the sale — appliances, fixtures, or other items listed in the contract — a bill of sale documents the transfer of those items separately from the real property.

Affidavit of Title

A sworn statement that you are the legal owner of the property, that there are no undisclosed liens or encumbrances, and that you have not entered into any agreements that would prevent the sale. The title company requires this to issue title insurance to the buyer.

1099-S

The title company is required by federal law to report the gross proceeds of certain real estate transactions to the IRS on Form 1099-S. Capital gains rules apply to the sale of your primary residence — consult a tax professional about your specific situation regarding the primary residence exclusion and any taxable gain.

Document Delivery Timeline

Document When Required TREC Form

MUD Notice

Before contract execution or as addendum at execution

Form 59-0

Lead-Based Paint Disclosure

Before buyer signs purchase contract (pre-1978 homes only)

EPA-approved form

TREC Contract

At offer acceptance

Form 20-17 (One to Four Family)

Seller's Disclosure Notice

No later than buyer's inspection period. Most sellers provide at offer acceptance.

Form OP-H

HOA Addendum

At contract execution if property has mandatory HOA

Form 36-10

HOA Resale Certificate

Within timeframe specified in contract after execution

Provided by HOA

HOA Governing Documents

Delivered with resale certificate

Provided by HOA

Third-Party Financing Addendum

At contract execution if buyer is financing

Form 40-10

Closing Disclosure

Provided by title company before closing appointment

Prepared by title company

Warranty Deed

Signed at closing

Prepared by title company

Frequently Asked Questions

Do I need an attorney to sell my home in Texas?

No. Texas does not require sellers to use an attorney in a residential real estate transaction. A licensed title company handles the closing and document preparation. However, if your transaction involves complex legal issues — estate sales, boundary disputes, or title defects — consulting a real estate attorney is advisable.

Where do I get TREC forms?

All TREC forms are available free to the public at trec.texas.gov/forms. You do not need a real estate license to access or use them. TAR forms are only available to licensed Realtors and are not required for a valid Texas transaction.

What is the difference between the TREC and TAR Seller's Disclosure forms?

The TREC Seller's Disclosure Notice (Form ID: 55-0) is available to the general public and covers the basic information required by state law. The Texas Realtors Seller's Disclosure Notice (Form ID: TAR-1406) is more detailed but is only available to licensed Realtors. The TREC form satisfies all legal disclosure requirements for sellers using a licensed flat-fee brokerage.

What happens if I miss a disclosure deadline?

Missing a single disclosure can delay closing by 3 to 5 days and cost $1,200 to $2,800 in attorney fees. More significantly, failing to deliver certain disclosures on time gives the buyer a statutory right to terminate the contract and receive their earnest money back. Aria tracks every contractual deadline in your transaction and sends 48-hour reminders so no document deadline is missed.

Do I have to provide the Seller's Disclosure if I have never lived in the home?

Texas law provides limited exemptions from the Seller's Disclosure Notice requirement, including transfers through foreclosure, transfers between co-owners, and certain transfers to family members. However, most standard residential sales — including investment properties the seller has not occupied — require the disclosure. Consult your broker if you believe an exemption may apply to your transaction.

How do I find out if my property is in a MUD?

Check your current property tax statement — MUD taxes appear as a separate line item. You can also search the TCEQ MUD database or contact your water utility provider. Most MUDs are required to maintain their current notice on their website.

Can I handle all of this paperwork myself?

Yes. Texas sellers are not required to use a traditional listing agent to handle transaction paperwork. With a licensed brokerage like Waymark, Aria guides you through the Seller's Disclosure line by line, tracks every contractual deadline, reads every contract you receive in plain English, and alerts you before any document deadline expires. A licensed Texas broker is available through the Manage plan for the moments that require professional negotiation — offer strategy, repair amendments, appraisal gaps, and closing disclosure review. See waymarkre.com/pricing for details.

Ready to List Your Texas Home?

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Waymark Real Estate | TREC License 639078 | Brokered by Marelli Properties

Sources

Texas Real Estate Commission, TREC Forms Library
Texas Real Estate Commission, Seller's Disclosure Notice Form OP-H
Houston Business Lawyers, Texas Seller's Disclosure Notice: Requirements, Exemptions and Risks
Texas REALTORS, MUD Notice FAQ
Texas Real Estate Research Center at Texas A&M University, Clear as MUD: Municipal Utility District Notification Compliance Made Easier, July 2024
Creekstone Real Estate, HOA Disclosure and Resale Certificate in Texas: What Sellers Need to Know
AMI House Buyers, Paperwork Needed to Sell a House By Owner in Texas
Houzeo, Seller's Disclosure in Texas: Here's What You Must Disclose, 2026 Update
EPA, Real Estate Disclosure for Lead-Based Paint
ListingSpark, Texas Real Estate Contracts and Addendums: A Guide for Home Sellers and Buyers