When is a seller's disclosure notice not required in Texas?

In Texas, a seller's disclosure notice is not required for transactions involving sales under a court order. This is because such sales typically happen in particular legal contexts where the parties may not have the same ability or obligation to provide disclosures as they would in a traditional real estate transaction. For example, when property is sold as part of a probate proceeding or in connection with a foreclosure, the seller is acting under a legal mandate rather than in a typical voluntary sale scenario where disclosures would normally be expected.

The other situations do not exempt the seller from providing a disclosure notice. In the case of new constructions, a seller must still comply with disclosure requirements to inform the buyer about the conditions of the property. For properties sold below market value, disclosures are still necessary as they protect the rights and interests of the buyer. Similarly, even in transactions involving multiple heirs, unless specified by a court order or another legal provision, the seller generally remains obligated to complete the disclosure notice to ensure all parties are fully informed about the property’s condition.