What changed on the Texas Seller's Disclosure Notice in 2026?

As of July 1, 2026, Texas expanded the Seller's Disclosure Notice (TREC Form 55-0) and added a separate Water Notice (TREC Form 61-0). Flower Mound sellers now have to disclose whether they've ever been unable to insure the home, plus permanently installed generators, private roads and who maintains them, above-ground storage tanks over 500 gallons, conservation easements, and what they know about the property's groundwater and surface water rights. The old form is noncompliant on any contract written after that date.

By Brian White | July 28, 2026

If you're getting ready to list your Flower Mound home this year, the paperwork you sign at the kitchen table has changed. The Texas Seller's Disclosure Notice, the form where you tell a buyer what you know about your house, got its biggest expansion in years on July 1, 2026. If you sold a home even two years ago, the version you filled out then is already out of date.

Here's what that means for you, in plain terms, and why a couple of these new lines matter more in Denton County than the form itself lets on.

The disclosure form is where most seller lawsuits start

Texas Property Code Section 5.008 requires almost every residential seller to give the buyer a written disclosure notice before closing. It's a long checklist, around 30 categories, covering the roof, foundation, plumbing, electrical, water penetration, previous flooding, and known defects.

The rule behind it is simpler than the form looks: you disclose what you know. Texas does not require you to go digging for problems you're unaware of. But if you know about a defect and leave it off, that's where the trouble starts.

Failure to disclose a known problem can open you up to a claim under the Texas Deceptive Trade Practices Act. That can mean paying the buyer's actual damages, their attorney's fees, and in cases a court finds intentional, up to three times the damages. Most of these disputes trace back to one thing: a box that should have been checked and wasn't. That's why filling this form out carefully, not quickly, protects you long after the sale closes.

What's new as of July 1, 2026

The updates came out of the Texas Sunset Advisory Commission's review, and TREC built them into the new Form 55-0 plus a brand-new standalone water form. Here are the additions that matter most for a Flower Mound move-up seller.

Insurance history. This is the big one. You now have to disclose whether the home is currently covered by homeowners insurance, including windstorm coverage, and whether you've ever been unable to insure it. More on why this one carries weight in a minute.

Groundwater and surface water rights (new Form 61-0). A separate Water Notice now asks what you know about the water tied to your property, including whether it sits in a Groundwater Conservation District and whether there are any water wells. For most homes inside Flower Mound on municipal water this is a short answer, but if you're on a larger lot on the west side or you have an irrigation well, this one applies to you. The form is not a warranty and doesn't replace a buyer's inspection.

Permanently installed generators. Built-in standby generators are now their own line item under improvements. After the last few Texas grid scares, a lot more homes have them, and now they get disclosed directly.

Private roads. If your access road is private, you disclose who maintains it and whether there's a written maintenance agreement.

Above-ground storage tanks. Tanks over 500 gallons, think propane or agricultural tanks, now get disclosed, along with underground tank language.

Conservation easements. Any easement or deed restriction that limits how the property can be used.

Why the insurance line matters more here than the form admits

On paper, the insurance disclosure is one new section. In North Texas, it's the one most likely to affect your sale.

DFW sits in what agents only half-jokingly call Hail Alley. The 2024 hail season alone produced over a billion dollars in insured losses across the region, and carriers have responded the way you'd expect. Texas homeowners insurance premiums are up more than 50% over five years. In early 2026, several major carriers filed for rate increases in the 18% to 23% range. Typical annual premiums across DFW now run somewhere around $5,000 to $6,200 for a standard single-family home, and some carriers have simply stopped writing new policies in certain North Texas ZIP codes.

Here's the practical piece. If you've had a carrier drop you, non-renew you, or push you toward the Texas FAIR Plan, that now goes on your disclosure. And a buyer reading that your home was hard to insure is going to factor it into their offer, because they'll be shopping for the same coverage. A prior water or roof claim can make a house more expensive to insure, sometimes for years.

None of this means your home is worth less. It means the conversation about insurability now happens up front, on paper, instead of surfacing three days before closing when the buyer's lender asks for a binder. If you know your home has an insurance history, the smart move is to get ahead of it, gather your claims history, and be ready to explain it, rather than let a buyer discover it cold. This is exactly the kind of thing I walk sellers through before we ever put a sign in the yard.

What this doesn't change

A few things are worth saying plainly so you don't overcorrect.

• You still only disclose what you actually know. You are not expected to hire experts to hunt for hidden problems.
• Selling "as-is" does not erase your disclosure duty. As-is limits your obligation to make repairs. It does not give you permission to conceal a known defect.
• If a real defect or a past dispute is involved, this is general information, not legal advice. For anything with real liability attached, loop in your agent and, where warranted, a real estate attorney.

Texas has a fuller Texas REALTORS® version of the disclosure that asks more than the state's statutory minimum. Working with an agent who uses the more complete form, and who knows how the new 2026 items play out in Denton County, keeps you on the right side of all of this.

If you want to see how the disclosure fits into the larger picture of a clean sale, it's worth reading alongside how to sell a Flower Mound home without losing value and what happens if your appraisal comes in low. And if you're buying new construction on the other side of your move, the Texas MUD/PID disclosure form is a separate notice worth understanding.

Frequently Asked Questions

Do I have to use the new Texas Seller's Disclosure form after July 1, 2026?

Yes. TREC's updated Form 55-0 and the new water notice (Form 61-0) took effect July 1, 2026, and any residential contract written on the old form versions after that date is noncompliant. If you're listing now, your agent should already be using the current forms.

Do I have to disclose that my homeowners insurance was dropped or non-renewed?

Yes. The 2026 update added a section requiring you to disclose whether the home is currently insured and whether you've ever been unable to insure it. Given how many North Texas homeowners have faced non-renewals and steep increases, this is one of the most consequential new lines on the form.

Can I be sued for something I left off my disclosure?

You can, if you knew about it. Failure to disclose a known defect can create liability under the Texas Deceptive Trade Practices Act, including actual damages, attorney's fees, and potentially up to treble damages if a court finds the omission was intentional. The protection is simple: disclose what you know, completely and honestly.

Does the new water rights form apply to a normal Flower Mound home on city water?

For most homes inside Flower Mound on municipal water and sewer, the new Form 61-0 is a short disclosure. It matters most for larger lots, properties with water wells, or homes in a Groundwater Conservation District. Even so, every seller completes it, so it's worth reviewing with your agent so your answers are accurate.

Does selling "as-is" mean I don't have to fill out the disclosure?

No. Selling as-is limits your obligation to make repairs, but it does not remove your duty to complete the Seller's Disclosure Notice or to disclose defects you know about. As-is and full disclosure work together, they aren't substitutes.

The bottom line

The 2026 disclosure changes aren't a reason to worry, they're a reason to prepare. The sellers who get tripped up are the ones who treat the form as a formality and fill it out from memory in five minutes. The ones who protect themselves treat it as part of pricing and strategy, and knock it out with someone who knows exactly what the new lines are asking.

If you're thinking through a move like this, schedule a free Move-Up Strategy Call — thirty minutes, no pitch, just a clear-headed look at where you are and what your best next move looks like.

About Brian White

Brian White helps families in Northwest DFW make their move-up cleanly — selling and buying in one synchronized step. He built BlueFuse Group on a simple standard: other-first service, proactive at every turn, faith and excellence in equal measure. Brian has been married to Tisha for 27 years and is dad to three adult sons. When he's not protecting a family's equity or untangling a tight closing timeline, you'll find him chasing a round of golf or at Valley Creek Church.

Schedule a Move-Up Strategy Call — no pitch, just a clear-headed look at your next move.