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Selling a house in Texas: the paperwork

Every document a Texas sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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20 documents · 12 questions · about a 20 minute read · free, and we don't ask for your email

11documents are usually the seller's
out of 20 in a Texas sale

Usually the seller's to produce

11

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

  • Purchase agreement / earnest money contractFoundational contract
  • Seller's Disclosure Notice — § 5.008Delivered on or before effective date of contract
  • MUD Notice (§ 49.452)Delivered before contract execution (§ 49.452 form)
  • PID Notice (§ 5.014)In or with the PSA
  • Statutory Tax District Notice (§ 5.013)In or with the PSA
  • Coastal Area Property Notice (§ 33.135)Attached to contractOn your list because is the home on the water, or in a flood zone
  • Floodplain / flood-history notice (§ 5.019)In or with the PSAOn your list because is the home on the water, or in a flood zone
  • Groundwater Conservation District Notice (§ 5.010)In or with the PSA
  • Water Utility Certification Notice (§ 13.257)In or with the PSA
  • HOA / Subdivision Info / Resale Certificate (Prop. Code § 207 / § 209)Delivered to buyerOn your list because is the home in an hoa, condo, or co-op
  • Federal lead-based paint disclosure (pre-1978)Attached to PSA before buyer obligationOn your list because was the home built before 1978

Usually somebody else's to prepare

9

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

  • Deed (general warranty)Recorded post-closing
  • ALTA Settlement StatementIn closing packet
  • Buyer's Closing Disclosure (CD)Buyer's packet
  • Payoff statementsIn closing packet
  • Wire-fraud advisoryClosing packet / email
  • FIRPTA non-foreign affidavitIn closing packet
  • 1099-S / § 121 certificationFiled with IRS
  • Homestead-joinder acknowledgment on deedRecorded post-closingOn your list because are you married
  • Bill of sale for personal propertyIn closing packet

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How Texas generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing typeTitle/escrow closing state. Attorneys are not required; title companies (regulated by the Texas Department of Insurance) conduct closings.
Property regimeCommunity property. Both spouses generally must sign to convey community real property.
HomesteadStrongest in the country. Under Tex. Const. art. XVI, § 50 and Fam. Code § 5.001, both spouses must join in the conveyance of homestead property, regardless of how title is held.
Standard deedGeneral warranty deed most common; special warranty and quitclaim used in specific circumstances.
Disclosure regimeStatutory mandatory form — Tex. Prop. Code § 5.008 Seller's Disclosure Notice. Also stacked with MUD (§ 49.452), PID (§ 5.014), floodplain (§ 5.019), coastal (§ 33.135), statutory-tax-distri...
Transfer taxNONE. Texas has no state real estate transfer tax. No city/county transfer taxes either. Seller customarily pays title insurance premium.
RONAuthorized under Tex. Gov't Code § 406.101 et seq. (effective July 1, 2018).
Recording actNotice (Tex. Prop. Code § 13.001).
Recording officeCounty Clerk in the county where the land lies.
State income taxNone (capital gains still federal).

Other things Texas asks about

These come up in Texas and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

  • Built before 1978?
  • In a Municipal Utility District (MUD) or Water Control and Improvement District (WCID)?
  • In a Public Improvement District (PID)?
  • In a Statutory Tax District (special district that imposes a standby fee, tax, or assessment)?
  • In a groundwater conservation district?
  • Adjacent to certain military installations?
  • In a certificated water service area of a utility?
  • Are you married?
  • U.S. citizen or U.S. tax resident?
  • Will you attend closing personally?

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full Texas reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents (every Texas residential transaction of 1 dwelling unit)

Purchase and sale agreement (earnest money contract)

Ownership: [SELLER + BUYER] Legal basis: Tex. Bus. & Com. Code § 26.01 (statute of frauds); Tex. Prop. Code Ch. 5 (mandatory notices embedded). Contents: Must contain any triggered statutory notices (MUD, PID, tax district, coastal, floodplain, GCD, water utility). How to find: Texas Real Estate Commission (TREC) promulgates residential contract forms (One to Four Family Residential Contract — Resale, TREC No. 20-18; New Home — Incomplete Construction, TREC No. 23-18; etc.). TREC forms are free and public at trec.texas.gov; unlike C.A.R. or FAR/BAR, they are not member-only. Non-Realtor sellers can and should use TREC forms directly.

Seller's Disclosure Notice — Tex. Prop. Code § 5.008

Ownership: [SELLER] Appears: Seller's disclosure packet; delivered to the buyer on or before the effective date of the contract. Legal basis: Tex. Prop. Code § 5.008. Applies to: Sale of a single dwelling unit residential real property (not multifamily; not vacant land; several exemptions in § 5.008(e), including trustee sales, foreclosure, transfers to/from a governmental entity, transfers between spouses/former spouses, transfers on death, and transfers by executor/administrator). Contents: Extensive statutory form covering appliances, mechanical systems, structural elements, defects, environmental issues, additions/alterations without permits, existence of surveys, flood history, insurance-claim history, HOA membership, litigation, and more. The form is prescribed by statute (subsection (b)). Timing consequence: If seller fails to deliver, buyer may terminate the contract for any reason within 7 days after receiving the notice or before closing, whichever is earlier (§ 5.008(f)). Substance-over-form: The statute prescribes the form contents; the TREC No. OP-H "Seller's Disclosure Notice" is the widely used version and satisfies the statute. Non-TREC/non-Realtor sellers can use OP-H (public at trec.texas.gov) or reproduce the § 5.008(b) form. Standard of liability: Known defects; not a warranty. How to find:

  • TREC No. OP-H at trec.texas.gov/forms.
  • Or reproduce the statutory form directly from Tex. Prop. Code § 5.008(b) at statutes.capitol.texas.gov.

Federal lead-based paint disclosure

If pre-1978 → federal Title X. See master methodology § 8. [SELLER] originated; APPEARS: Attached to PSA.

MUD Notice — Tex. Water Code § 49.452

Trigger: Property lies within a Municipal Utility District, Water Control and Improvement District, or similar water/utility special district. Ownership: [SELLER] Appears: Delivered to the buyer before the buyer executes a binding contract of sale — noncompliance gives buyer termination right. Legal basis: Tex. Water Code § 49.452 prescribes the notice form verbatim, including a substantial "NOTICE TO PURCHASER" heading and specific disclosures about (a) the district's boundaries, (b) taxes, (c) standby fees, (d) bonds outstanding, (e) approximate rate of taxes. Substance-over-form: § 49.452 prescribes the exact form language. Non-Realtor sellers must reproduce the statutory form. Seller must obtain the specific rate/bond data from the district; districts are required by law to furnish the information on request. How to find: Statutory form language at statutes.capitol.texas.gov, Water Code § 49.452. District-specific data from the district's board or administrator. Texas Commission on Environmental Quality (TCEQ) publishes a MUD/WCID directory.

PID Notice — Tex. Prop. Code § 5.014

Trigger: Property lies within a Public Improvement District (PID) — special assessment district created under Local Gov't Code Ch. 372. Ownership: [SELLER] Appears: Signed by buyer at or before contract execution. Legal basis: Prop. Code § 5.014 prescribes the notice form and content, including the PID's assessment amount and the property's obligation. Substance-over-form: Statutory form language; non-Realtor sellers reproduce from § 5.014. How to find: City/county PID office; local municipality's finance department. Recent change: PID notice content was expanded — verify current statutory language.

Statutory Tax District Notice — Tex. Prop. Code § 5.013

Trigger: Property is located in a statutory tax district that imposes an ad valorem tax, standby fee, or assessment (not otherwise disclosed via § 49.452 MUD or § 5.014 PID). Ownership: [SELLER] Legal basis: Prop. Code § 5.013.

Groundwater Conservation District Notice — Tex. Prop. Code § 5.010

Trigger: Property is in a groundwater conservation district AND is subject to well-water reporting or pumping-permit obligations. Ownership: [SELLER] Legal basis: Prop. Code § 5.010.

Coastal Area Property Notice — Tex. Nat. Res. Code § 33.135

Trigger: Property is located seaward of the Gulf Intracoastal Waterway or otherwise in the coastal area. Ownership: [SELLER] Legal basis: Nat. Res. Code § 33.135 — prescribes specific coastal-erosion and beach-access disclosure. Substance-over-form: Statutory form; reproduce from statutes.capitol.texas.gov.

Floodplain / Flood-History Notice — Tex. Prop. Code § 5.019 (added 2019)

Trigger: Property is located wholly or partly in a 100-year floodplain (Special Flood Hazard Area), 500-year floodplain, floodway, reservoir, or has been flooded during the seller's ownership. Ownership: [SELLER] Legal basis: Prop. Code § 5.019 — enacted in response to Hurricane Harvey. Prescribes a notice form disclosing flood zone, flood-insurance status, and flooding history. Timing: On or before the effective date of the contract. Substance-over-form: Statutory form language; TREC amended OP-H in 2019–2020 to include the § 5.019 disclosures. If using a non-TREC contract, reproduce from § 5.019. How to find: FEMA flood-zone lookup (msc.fema.gov) for the property's official designation. Local floodplain administrator (city or county) for local overlays.

Deed (general warranty)

Ownership: [TITLE/ESCROW drafts]; seller (and spouse, if homestead) signs. Required elements:

  • Grantor(s), grantee(s), consideration, legal description, granting language.
  • Signatures acknowledged before a notary.
  • If homestead + married seller: both spouses' signatures.
  • Recording formatting per county clerk.

Recording: County Clerk in the county where the land lies. Notice statute — recording protects against subsequent good-faith purchasers.

ALTA Settlement Statement

Ownership: [TITLE/ESCROW]. Seller signs at closing.

Wire-fraud advisory

Ownership: [TITLE/ESCROW].

SOMETIMES-required documents (only when triggered)

HOA / Subdivision Information — Tex. Prop. Code § 207 (Uniform Condominium Act) / § 209 (Residential Property Owners Protection Act)

Trigger: Property is in an HOA. Ownership: [HOA / MGMT CO provides]; seller orders and pays. Statutory items:

  • Subdivision Information (§ 207.003 for condominium; § 209.004 for POA) — includes restrictive covenants, bylaws, rules, current dues assessment, arrears status, pending litigation, insurance, reserves.
  • Resale certificate — statement of current assessments, transfer fees, pending violations.
  • Fee cap: Prop. Code § 207.006 caps subdivision-info fees at reasonable amounts; specific TX caps are less prescriptive than Florida.

Delivery: As soon as practicable before closing; timeline governed by the PSA and by association bylaws. How to find: Request the resale certificate from the HOA management company. Typical cost $250–$500.

Well / septic / OSSF (On-Site Sewage Facility)

Trigger: Well and/or septic on property. Ownership: [SELLER discloses on § 5.008 notice]; independent inspector if commissioned. Rule: No statewide POS well/septic inspection. Local health department may require OSSF inspection at transfer in some counties. Disclose known conditions on § 5.008 form.

Adjacent military installation notice

If property is adjacent to certain military installations or in noise-impact zones — disclosure required. Consult local municipality.

Water utility certification — Tex. Water Code § 13.257

Trigger: Property in a certificated water utility service area. Ownership: [SELLER] Content: Notice to buyer about which utility provides service; obligation to pay for service extension if required.

Marital status / community property + homestead

Trigger: Seller is married. Community property rule: Both spouses must sign to convey community real property (Fam. Code § 5.001 et seq.). Homestead rule: Tex. Const. art. XVI, § 50 — both spouses must join to convey homestead property, regardless of how title is held. A deed signed by one spouse alone is void as to homestead. No waiver by the non-signing spouse is possible short of the statutorily defined instruments. Consequence: This is the single biggest deal-blocker in Texas closings. If the seller is married and the property is homestead, both spouses MUST sign the deed even if title is in only one spouse's name. Sellers going through divorce or with an estranged spouse must resolve this before closing.

Trust / entity

Trust certification (Prop. Code § 114.086); LLC/corp resolution + certificate of status from Texas Secretary of State (sos.state.tx.us).

Estate / probate

Personal representative's deed; letters testamentary; Texas Estates Code procedures (small-estate affidavit under § 205; independent administration common).

Power of attorney

Notarized. Statutory Durable Power of Attorney (Estates Code § 752.051 form). Real-property-specific POA acceptable if properly executed.

Tenant-occupied

Lease assignment; tenant estoppel; security-deposit reconciliation. Prop. Code Ch. 92 governs residential tenancies.

CLUE / insurance claim history

Order from LexisNexis. § 5.008 notice includes a specific line for prior insurance claims and flood damage — must disclose accurately.

Open permits

Local building department search (varies — Houston: HoustonPermits.gov; Dallas: dallascityhall.com; Austin: austintexas.gov; San Antonio: sanantonio.gov). Close out before closing.

Solar panels

Owned: transfer warranty; UCC-1 fixture-filing search. Leased/PPA: coordinate with leasing company on assumption or payoff.

Death / homicide / suicide disclosure

Texas has no statute requiring death disclosure. Case law (Loughmiller v. Reisen, Beaumont Court of Appeals) has treated it as immaterial in most contexts. Seller must not affirmatively misrepresent, but no volunteer duty.

Federal overlays

See master methodology § 8. Applied to Texas:

  • Lead paint (pre-1978) — attached to PSA.
  • FIRPTA — foreign sellers subject to federal withholding.
  • 1099-S — title files.
  • FinCEN RRE Rule (effective March 1, 2026) — Miami, Houston, San Antonio, Dallas, and San Diego were historical GTO metros; expect close FinCEN scrutiny in Texas metros.
  • Wire fraud — title.
  • No state non-resident withholding — Texas has no state income tax, so no state withholding on non-resident sellers.

Prescribed-language items (substance over form)

Texas is heavy on prescribed forms (the disclosure notices) rather than embedded PSA language. Substance-over-form treatment:

ItemStatuteForm / language requirementNon-Realtor path
Seller's Disclosure Notice§ 5.008Statutory form contentsTREC OP-H or reproduce from § 5.008(b)
MUD NoticeWater Code § 49.452Statutory form language, verbatimReproduce from statute
PID Notice§ 5.014Statutory formReproduce from statute
Statutory Tax District§ 5.013Statutory formReproduce from statute
Groundwater§ 5.010Statutory formReproduce from statute
Coastal Area PropertyNat. Res. Code § 33.135Statutory formReproduce from statute
Floodplain§ 5.019Statutory formReproduce from statute or use updated TREC OP-H
Water utilityWater Code § 13.257Statutory noticeReproduce from statute

Texas advantage for FSBOs: TREC forms are free and public at trec.texas.gov — no member paywall. Non-Realtor sellers can use TREC forms directly and comply with most statutory requirements without buying access.

Local / municipal overlays

  • No state or local transfer tax — this is unusual and a distinct seller advantage vs. most states.
  • County-clerk recording — fees vary. Harris County (Houston), Dallas County, Bexar County (San Antonio), Travis County (Austin), Tarrant County (Fort Worth) all have different fee schedules.
  • Property tax rates are among the highest in the U.S. — buyers should be counseled but this is buyer-side.
  • Some municipalities require Certificate of Occupancy on transfer — verify with local building department.
  • Houston: no zoning — disclosure of deed restrictions particularly important.

Post-closing obligations

  • Record deed — county clerk; title handles.
  • NO state transfer tax to remit — nothing to file at state level for transfer tax.
  • NO state income tax — no state capital-gains obligations; IRC § 121 exclusion federal only.
  • Mortgage satisfaction recorded by lender of record.
  • 1099-S filed by title (unless § 121 exemption certified).
  • Homestead exemption — new owner must apply for their own homestead exemption with county appraisal district by April 30; seller's homestead terminates on transfer.

Federal overlay cross-reference

See master methodology § 8.

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