New Seller’s Disclosure Required as of September 1

Revised Seller’s Disclosure Notice mandatory September 1
The use of a revised version of the TAR Seller’s Disclosure Notice (form 1406) is mandatory beginning September 1. The new version adds entries for

  • a “single blockable main drain in pool/hot tub/spa” as well as a definition of such a condition
  • “any rainwater harvesting system connected to the property’s public water supply”
  • designating whether any liquid propane gas is “community (captive)” or “on property”

The new version of the form is available from zipForm and TexasRealtors.com.

Nathan Goble


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  • Explain liquid propane gas is community (captive)
      answer the whole subdivision uses liquid propane?
    Explain liquid propane gas is on property
      answer just one person in the subdivsion has their own liquid propane tank?

  • Our broker is requiring that we get new seller’s disclosures filled out for any listings we may have or any contracts we may write just in case to keep potential lawsuits at bay. It’s a pain to do but understand it non the less.

  • An amendment to SD on listings prior to 9/1/11 would be nice.  However, sometime listings could use a completely updated SD.  When I receive an offer I ask the sellers to review the SD in case an update is needed.

  • If homes were listed prior to September 1, do we need to have our sellers complete the new disclosure? I have always been taught that a disclosure is a snapshot of the condition/owner’s knowledge on the date it is signed. Thanks for opinions!

    • Hi Carol,
      Have you received an answer to your question?  If so, can you let me know what the response was and by whom (ie, HAR, TAR, etc).  If not, then I will plan to call the TAR hotline for an answer.  Thanks.

    • Use of the revised form is mandatory as of Sept. 1, 2011. Sellers must begin giving the
      updated notice to buyers Sept. 1; however, you should immediately use the revised notice
      to avoid having to obtain an updated notice from the seller if the listing does not go under
      contract before Sept. 1.
      Reference URL: http://www.texasrealtors.com/MR/Forms/Revision/2011-08-23-1406.pdf
      If you have any more questions, please feel free to contact HAR Quality Assurance Manager Nathan Goble at nathan@har.com.

  • If none of these conditions exist on a property, we should be allowed to add a one page addendum instead of having to have every single property SD  done over from scratch.  It’s difficult enough as it is to get owners to fill out this form in the first place, especially when the changes apply to such a small number of homes in general.  I’d be surprised if more than a handfull of homes in the entire state had the second or third conditions.  What a waste of paper, time and energy. 

  • Thank you for the update on the Revised Seller’s Disclosure Notice.

    Connie Rankin
    Lead 2 Green
    Commercial Real Estate Services


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