What Do You Actually Have to Disclose Beyond the Seller's Disclosure Notice?
What do Mansfield sellers have to disclose beyond the Texas Seller’s Disclosure Notice?
Beyond the standard Texas Seller’s Disclosure Notice, sellers may owe additional disclosures depending on the home: a full lead-based paint packet (EPA pamphlet, any known test results, and a documented inspection opportunity) for homes built before 1978, HOA violations or pending special assessments, and other known material defects like easements, encroachments, boundary disputes, or liens that survive closing. Missing one of these can create real legal exposure after closing, even if the main disclosure form was filled out correctly.
By The Chad Smith Team | July 28, 2026
Most Mansfield sellers know they have to fill out the Texas Seller’s Disclosure Notice. Fewer realize that form isn’t the whole story. Depending on your home’s age, HOA, and history, there are a handful of additional disclosure obligations that run alongside it — and skipping them is one of the more common ways sellers end up dealing with a dispute after closing.
Here’s what falls outside the standard form.
Lead-Based Paint: A Separate Federal Requirement
If your home was built before 1978, federal law requires a lead-based paint disclosure that’s separate from the state disclosure notice. This isn’t just a checkbox — it has three specific parts:
• The EPA pamphlet. You’re required to give buyers a copy of Protect Your Family From Lead in Your Home.
• Known information. If you know of lead-based paint or lead hazards in the home — including any prior test results — you have to disclose them and provide copies of any testing.
• Inspection opportunity. Buyers must be offered the chance to have the home inspected for lead-based paint before they’re bound to the contract. If they choose to waive that right, the waiver is documented directly on the disclosure paperwork.
Plenty of older homes in and around Mansfield’s established neighborhoods fall into this pre-1978 window. If yours does, this isn’t optional — it’s a federal requirement layered on top of the state form.
HOA Issues Beyond the Form
If your property is part of a homeowners association, the standard disclosure notice touches on HOA membership, but it doesn’t necessarily surface everything a buyer needs to know. Outstanding HOA violations, pending special assessments, or an active dispute with the association should be disclosed directly — don’t assume the HOA resale certificate will catch everything for you.
Texas Property Code requires delivery of that resale certificate as part of the transaction, and it will surface much of this information. But if you know about a pending assessment or an unresolved violation notice, waiting for the certificate to be the messenger is a risk. It’s better to raise it earlier, directly, so there are no surprises during option period.
Other Material Defects That Fall Outside the Standard Boxes
The Texas Seller’s Disclosure Notice covers a long list of specific items, but sellers are also required to disclose any other known material defect, even if there isn’t a dedicated line item for it. That includes things like:
• Known asbestos or hazardous materials
• Underground storage tanks
• Known easements or encroachments on the property
• Boundary disputes with neighboring properties
• Deed restrictions beyond standard HOA rules
• Liens or claims that would survive closing
None of these are necessarily deal-killers. But if you know about one and it doesn’t come up until after closing, that’s exactly the kind of situation that can turn into a legal dispute — and Texas gives buyers real recourse when a seller withholds a known material defect.
Why This Matters More Than It Might Seem
A pre-listing inspection or a straightforward conversation with your agent about your home’s history is usually enough to surface most of these issues before you ever get to contract. The goal isn’t to scare you into over-disclosing — it’s to make sure nothing gets missed simply because it wasn’t a specific line item on the standard form.
We walk every Mansfield seller through this exact checklist before we list, because getting it right upfront is a lot less stressful than untangling it after closing. If you’re not sure whether something about your home needs to be disclosed, that’s a five-minute conversation worth having early.
Frequently Asked Questions
Do I have to disclose lead paint even if the standard disclosure form doesn’t ask about it directly?
Yes, if your home was built before 1978. Federal law requires a separate lead-based paint disclosure packet, including the EPA pamphlet, any known testing results, and a documented inspection opportunity for the buyer.
What HOA issues do I need to disclose beyond the resale certificate?
Known violations, pending special assessments, and any active disputes with the HOA should be disclosed directly rather than left for the resale certificate to surface on its own.
What happens if I don’t disclose a known material defect in Texas?
Buyers have legal recourse if they discover a known defect wasn’t disclosed. This can lead to disputes or claims well after closing, which is part of why it’s worth being thorough upfront.
Does a pre-listing inspection help with disclosure requirements?
It can. A pre-listing inspection often surfaces issues before you list, which lets you address or properly disclose them rather than being caught off guard mid-transaction.
Who do I ask if I’m not sure whether something needs to be disclosed?
Your real estate agent can walk through your specific situation with you, and for anything with legal complexity, a real estate attorney can confirm what Texas law requires for your circumstances.
If you’re preparing to list in Mansfield and want a second set of eyes on what needs to be disclosed, we’re happy to walk through your specific situation with you before you go under contract. Reach out anytime.
About The Chad Smith Team
The Chad Smith Team at Realty of America is one of the top-producing real estate teams in the Dallas-Fort Worth Metroplex, with more than 22 years of experience, 2,915 homes sold, and recognition by RealTrends among the top 1% of real estate professionals nationwide. The team helps first-time buyers, sellers, relocation clients, and new construction buyers throughout Arlington, Mansfield, Fort Worth, Midlothian, Waxahachie, and surrounding DFW communities. Through this blog, the Chad Smith Team shares expert market insights and practical advice to help North Texas buyers and sellers make informed real estate decisions.
This post is for general informational purposes and is not legal advice. For questions about your specific disclosure obligations, consult a licensed Texas real estate attorney.
