Seller Disclosures & Listing Agreements: A Guide

What Every Texas Home Seller Needs to Know

Selling your home is one of the biggest financial decisions you will ever make. And like most big decisions, it comes with paperwork — some of it required by state law, some by federal law, and some by the terms of your agreement with your real estate agent. If you've never sold a home before, all of these forms can feel overwhelming. If you have sold a home before, things may have changed since the last time.

This guide breaks down the most important documents you'll encounter as a Texas home seller — what each one is, why it exists, and how to fill it out correctly. Best of all, you won't be doing any of this alone. Your Realtor is with you every step of the way.

The Listing Agreement

Before your home ever hits the market, you and your Realtor will sign a listing agreement. Think of this as the official contract that gives your agent the authority to market and sell your home on your behalf. It is the foundation of everything that follows.

Before you sign a listing agreement, your Realtor will conduct a CMA (Comparative Market Analysis) to determine the range in which your home is worth, a search to see if your home sits in a MUD (Municipal Utility District), and a search to see if your home is part of an HOA (Homeowner’s Association) and, if it is, information regarding their agreement with you.

Then, your agent will have a conversation with you to negotiate the terms of your contract, including the listing price of your home and the best strategy for getting it sold in this market, what you will pay in Realtor fees at listing or at closing, and how long you want to be represented. This is the perfect time to ask questions and get clarification. Discuss your dreams and fears. Your agent is there for you through all of it. They will work with you to create a plan that works for all parties involved.

Lastly, your Realtor will then take this information and fill out a listing agreement, which they will then send to you for your review and signature.

What It Is

A listing agreement is a legally binding contract between you (the seller) and a licensed real estate brokerage. In Texas, most agents use the Texas Association of Realtors (TAR) Residential Listing Agreement. It spells out the terms of your working relationship: how long the agent will represent you, what the property will be listed for, what compensation is agreed upon, and what services the brokerage will provide.

Why It Matters

Without a signed listing agreement, your agent cannot legally list your home in the MLS (Multiple Listing Service), advertise it, or negotiate on your behalf. The listing agreement also protects you — it defines exactly what your agent is obligated to do, what you're agreeing to pay, and what happens if the home doesn't sell within the agreed timeframe.

There are a few key terms to understand: the listing period (typically 3–6 months), the listing price, the commission structure, and the protection period (a window after the listing expires during which the agent may still earn commission if they introduced the buyer). Your agent will explain all of these before you sign.

How to Fill It Out

You don't fill this one out yourself — your agent prepares the listing agreement for your review. But here's what you should look at before signing:

  • The listing price — make sure it reflects what you've discussed.
  • The listing period — know when the agreement starts and ends.
  • The commission amount — understand what you're agreeing to pay.
  • Marketing obligations — confirm what your agent is committing to do.
  • The protection period clause — understand how long it applies after expiration.
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The Listing Process — What to Expect

Once the listing agreement is signed, the real work begins. Here's an overview of what happens between signing that agreement and handing over the keys.

Step 1: Pricing Your Home

Your agent will perform a Comparative Market Analysis (CMA) — a review of recently sold homes in your area that are similar to yours in size, condition, and location. This data drives your listing price. Pricing correctly from the start is critical. Homes priced too high sit on the market and often sell for less in the end. Homes priced right generate interest quickly and frequently attract multiple offers.

Step 2: Preparing Your Home

Your agent will walk through your home and make recommendations for repairs, staging, or improvements that could increase your sale price or reduce time on market. Not everything needs to be fixed — a good agent helps you prioritize what's worth spending money on and what buyers in your market genuinely care about.

Step 3: Professional Photography & Marketing

In today's market, buyers start their search online. High-quality photography is not optional — it's essential. Your agent will coordinate professional photos and, in many cases, video or 3D virtual tours. Your home will then be listed in the MLS and marketed across major real estate platforms, social media, and your agent's personal network.

Step 4: Showings & Open Houses

Once your home is live, showings begin. Your agent will coordinate scheduling, provide access instructions, and collect feedback from buyers and their agents after each visit. You'll receive regular updates so you always know what's happening and what buyers are saying. Sometimes, you and your agent may decide to host an Open House to promote your listing further.

Step 5: Offers & Negotiation

When an offer comes in, your agent will present it to you, explain every term, and advise you on how to respond. You can accept, reject, or counter an offer. Your agent negotiates on your behalf to get you the best possible terms — not just the highest price, but the strongest overall deal (closing date, contingencies, repairs, and more). However, all of it goes through you—you get the final say.

Step 6: Under Contract Through Closing

Once you accept an offer, your home goes under contract. Simply put, the buyer will typically have an option period to conduct inspections and request repairs. Your agent manages this process, helps you respond to repair requests, coordinates with the title company, and keeps everything on track toward closing day. At closing, you sign the final documents, the buyer receives the keys, and the proceeds are transferred to you.

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Disclosure #1: The Seller's Disclosure Notice (SDN)

Of all the forms you'll fill out as a Texas home seller, the Seller's Disclosure Notice is probably the most well-known — and the most misunderstood. Let's clear that up.

What It Is

The Seller's Disclosure Notice — often called the SDN — is a required form (TREC Form OP-H) on which you, the seller, answer a series of questions about the known condition of your home. It covers structural elements like the roof and foundation, mechanical systems like HVAC, plumbing, and electrical, as well as water issues, flooding history, past repairs, environmental hazards, easements, and more. You answer each question with one of three options: Yes, No, or Unknown. If you answer “yes” to any question, you will need to include a short description of what happened and when and what you did (if anything) to resolve it.

For example, the form asks if you have experienced any flooding. You say, “Yes” and then explain: “During the storms last year, the rain water pooled in our front yard and flooded the entry hall and front bedroom. We put in a French drain, replaced the flooring in both areas, and had the subflooring inspected. No further problems since.”

Why It Matters

Texas law requires this disclosure on most residential home sales, and it protects both parties. Buyers deserve to know what they're purchasing. And here's what many sellers don't realize: honesty on this form protects you, too. When you disclose what you know, you dramatically reduce your risk of being sued after closing. Courts have little sympathy for sellers who omitted known issues. The SDN creates a paper trail that shows you acted in good faith.

How to Fill It Out

Go through every question — don't skip anything and don't leave blanks. If you genuinely don't know the answer to something, "Unknown" is always a legally acceptable response. For example, when the form asks you if there are any problems with the windows, and you live in an older home and haven’t tried opening the windows in several years, you can say, “Unknown.” You honestly don’t know if the windows are “sticky” or have trouble opening.

If you answer "Yes" to a question, add a brief explanation in the remarks section: what happened, when it occurred, and what was done to address it.

Answer “No” when you know for certain it does not apply. If your home has never flooded, and you have been the sole owner of the property, you can truthfully say, “No.” Your home has never flooded. If you live in an older home and, every spring, you open all the windows to the house with no problems, you can say “No.” There are no problems with the windows.

The buyer will sign an acknowledgment confirming they received the form. If the SDN is delivered after the contract is signed, buyers have a 7-day right to terminate — so getting this done early is important. Usually, your agent will have you complete this form around the time of signing the listing agreement. That way, you are ready when a potential buyer makes an offer.

One critical note: this form is filled out by you, the seller — not by your agent. Your agent cannot fill in your answers. But they will absolutely sit with you, explain every question, and help you understand what you're being asked before you sign.

Agent Tip: Be honest, be specific, and when in doubt — disclose. One sentence of explanation on this form is worth far more than the cost of a post-closing lawsuit.

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Disclosure #2: The Lead-Based Paint Disclosure

This one catches a lot of sellers off guard — especially those with older homes. But it's straightforward once you understand what it's asking.

What It Is

The Lead-Based Paint Disclosure is a federal requirement — not just a Texas rule — that applies to any home built before 1978. That was the year the federal government banned the use of lead-based paint in residential properties. If your home was built before that cutoff, this disclosure must be completed before a contract is signed.

The form asks you to share any information you have about the presence of lead-based paint in your home. It does not require you to test for lead. It only requires you to disclose what you already know.

Why It Matters

Lead exposure is a genuine health risk, particularly for young children. The federal government takes this disclosure seriously. Sellers who fail to provide the form, the required EPA pamphlet, or the appropriate signatures can face fines of more than $19,000 per violation. Beyond the financial penalty, failing to disclose can expose you to serious legal liability if a buyer later discovers lead and can prove you knew or should have known.

How to Fill It Out

The form is simpler than it sounds. You'll indicate whether you have any known information about lead-based paint in the home. If you've never had the home tested and have no records or prior knowledge of lead issues, you simply check "No known information" — and that is perfectly fine. You are not being asked to guess or investigate; you're being asked to share what you know.

Along with the signed form, you must provide the buyer with the EPA pamphlet "Protect Your Family from Lead in Your Home." Your agent will make sure everyone receives the forms they need. All four parties sign this disclosure: the seller, the buyer, the seller's agent, and the buyer's agent. Buyers also have a 10-day right to conduct lead testing if they choose.

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Disclosure #3: The MUD / Special District Disclosure

This disclosure is the one most sellers have never heard of. If your home is in a Municipal Utility District, here's everything you need to know.

What It Is

A Municipal Utility District — or MUD — is a special local government entity that was created to provide water, sewer, and drainage services to areas that weren't served by a city when the neighborhood was originally developed. Many newer subdivisions in East Texas, particularly those just outside city limits, sit inside a MUD.

Under Texas Water Code Section 49.452, if your home is in a MUD or other special district, you are required to give the buyer a written notice — provided by the district itself — before the contract is ever signed. Your Realtor will check to see if your home sits in a MUD early in the process—probably even before you sign the listing agreement.

Why It Matters

Homeowners in a MUD pay an additional property tax on top of their regular county and city taxes. That tax goes toward repaying the bonds the district took out to build the infrastructure — the water lines, sewer systems, and drainage facilities. For a buyer, that additional tax can meaningfully affect what they can comfortably afford. Missing this disclosure can give the buyer the right to terminate the contract, and failing to disclose at all can expose you to legal liability. That is why your agent takes it seriously and checks for MUD membership at the start of the listing process.

How to Fill It Out

This one works a little differently than the other disclosures. The notice itself must come directly from the MUD — not from you, and not from your agent. It's an official district-issued document that includes the current tax rate, the outstanding bond debt, and contact information for the district. Your agent will obtain this notice on your behalf.

Once the notice is in hand, you sign it and the buyer signs it to acknowledge receipt. That signed form goes into the transaction file and must be in place before the contract is executed.

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Disclosure #4: HOA Disclosures & the Resale Certificate

If your home is part of a homeowner’s association, there are specific disclosures and documents that must be provided to the buyer — and some of them take time to gather. Your Realtor will obtain these early in the process as well. Here's what you need to know.

What It Is

When a home is located in an HOA community, Texas law requires sellers to provide buyers with specific information about the association before or at contract execution. The two most important documents are the HOA Addendum (part of the sales contract that addresses HOA-related terms) and the Resale Certificate.

The Resale Certificate is a document issued by the HOA — not the seller, and not the agent — that contains the current financial and operational status of the association. Think of it as the HOA's report card.

Why It Matters

Buyers are essentially buying into the HOA along with the home. They have a right to know the rules they'll be required to follow, the fees they'll be required to pay, and whether the association is financially healthy. If an HOA has a large deficit, pending special assessments, or unresolved legal issues, that is material information that can affect a buyer's decision.

In Texas, buyers have a right to terminate the contract within a specific period after receiving the HOA documents if they are not satisfied. If those documents are never delivered, the buyer may have the right to terminate at any point — which is a significant risk for sellers. That is why your Realtor obtains these documents before an offer even comes in. Your agent will make sure potential buyers receive all the documents they need to make an informed decision and protect you, the seller.

How to Fill It Out

The seller’s agent is responsible for ordering the Resale Certificate from the HOA or its management company. In Texas, HOAs are allowed to charge a fee for this document — often between $100 and $375 or more. Your contract will specify who pays that fee (typically the seller, but this is negotiable). The Resale Certificate must be ordered promptly because some HOAs take 7–10 business days to produce it. The information comes pre-filled. You do not have to add any information.

The Resale Certificate will include:

  • Current monthly HOA dues and any pending increases
  • Special assessments — current, pending, or approved
  • Transfer fees payable at closing
  • HOA financial statements and reserve fund information
  • Any violations or open enforcement actions on your property
  • Copies of the governing documents: CC&Rs, bylaws, and rules

The buyer will review all of this during their designated review period and will sign to acknowledge receipt.

Agent Tip: Your Realtor will order the Resale Certificate as early as possible — ideally at listing, not at contract. Delays in receiving this document are one of the most common causes of closing delays in HOA communities.

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You Don't Have to Figure This Out Alone

Selling a home involves real legal requirements, real deadlines, and real money. The forms in this guide are not optional — they exist to protect buyers, sellers, and the integrity of the transaction.

But here is the most important thing to take away from this: you do not have to navigate any of this by yourself. That is exactly what your Realtor is for.

A great East Texas Realtor will walk you through every disclosure before you're asked to sign it, explain every question in plain language, track down the documents that need to come from third parties (like the MUD notice or HOA Resale Certificate), keep you ahead of every deadline, and be available to answer your questions at any point in the process.

If you're thinking about selling your home — whether now or in the future — the best first step is a conversation. There's no pressure, no obligation, and no such thing as a question that's too basic.

Reach out today and let's talk about what selling your home looks like for you.

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