Texas title and disclosure guide
Your deed, payoff statements and disclosure each answer a different question about the sale. Gather them before you list. Your agent and title company can help identify what is missing and which questions need a qualified adviser before closing.
Updated
Start with who can sign and what must be paid at closing. Your title company reviews ownership and claims against the home. Your disclosure separately explains what you know about its condition. Gather those records before listing so your agent can help identify missing documents. Use the current contract and title requirements to work toward closing.
Title documents
The ownership records help establish who can sign. A trust or estate may require additional authority documents. A divorce or court order can also affect the sale. Ask the title company to identify the required signers early.
Documents to gatherGather your deed and the names of the proposed signers. Add any estate or company documents that establish their authority. Your title company can explain what else the current search reveals.
Tell the title company about your mortgage and any HELOC. Include unpaid taxes or HOA claims. Judgments and financed equipment can also need attention. The closing file needs a plan for every claim that affects the transfer.
Documents to gatherUse verified creditor contacts to obtain current payoff figures. Check when each figure expires and what document releases the claim. Flag any dispute so the closing company knows it needs a separate resolution.
Your disclosure describes what you know about the home. Use the current notice to work through condition and system questions. Include known defects and events that the form or contract asks you to report.
Documents to gatherUse the current form and your own knowledge. Keep invoices or reports that support the answers. If a material fact changes, date the update and discuss it with your agent promptly.
Your contract sets the terms for title and survey review. It also covers repairs and possession. Track the document deadlines and notice requirements so each part of the file is ready for closing.
Documents to gatherKeep the executed contract and addenda together. Add the title commitment and survey, then save objections and responses. Review the settlement figures before signing and retain the funding and recording confirmations afterward.
Before listing
Keep copies in a private transaction file. Your marketing only needs information buyers can appropriately receive. Use the arranged secure process for identity records and financial documents. Keep estate papers and tenant information out of public listings.
Start with the latest deed and exact names on the ownership record. Identify any trust or company involved. Tell the title company about estate proceedings or divorce documents. Bankruptcy or a power of attorney may also affect who can sign.
List your mortgage and HELOC servicers. Include private notes or financed equipment such as solar panels. Add known tax and HOA claims. Flag judgments or contractor claims, along with any payoff request already in progress.
Find the survey and any plat or easement records you have. Gather permits for additions and records of foundation or roof work. Include insurance claims and relevant warranties. If the home is rented, keep the lease with the property file.
Work through the current disclosure form using the defects and repairs you know about. Keep inspection reports and flood information nearby. Record any material change with a date so your agent can help coordinate the update.
Decide when you can hand over possession and how access will work before then. Explain whether another purchase depends on this closing. Identify any personal items included in the sale. Flag dates when a signer or required document may be unavailable.
Seller's disclosure
Texas Property Code §5.008 requires a disclosure notice for covered residential property and lists exceptions. Your answers reflect what you know when you sign. The notice serves a different purpose from an inspection or a warranty that your buyer may obtain.
Complete the notice from your own knowledge. Your agent can explain the process, but the answers need to come from you. If a material answer changes before closing, tell your agent promptly. Get qualified advice when the change raises a legal question.
Questions about an exception? Ask a qualified Texas attorney to review your circumstances against the current form and statute. Disclose known facts as required even when a repair has been made. Earlier disclosure or visible damage still needs careful attention when you complete this notice.
Title review and closing
The title commitment identifies requirements and exceptions to review. Use it to assign the work needed before closing. Funding follows once the applicable requirements are satisfied.
Your closing provider receives the signed contract and begins its public-record search. Confirm that it has the complete agreement and the property information it needs to open the file.
Check the proposed insured parties and property description. Read the requirements and exceptions with the appropriate adviser. Your contract sets the rights and deadlines for objections and responses.
Assign each outstanding item to the person who can resolve it. A creditor may need to issue a release. An estate representative may need to provide authority records. Ask the title company which documents it will accept and when it needs them.
Obtain current payoff and tax figures through verified contacts. Keep the property facts up to date. Compare your working estimate with the closing disclosure or settlement statement before you sign.
Wait for the closing provider to confirm funding and recording. Then keep the final signed documents and settlement statement. Save any releases delivered to you with the rest of the sale file.
Title and disclosure contacts
| Decision | Where to get an answer | What not to assume |
|---|---|---|
| What you know | You, using the current disclosure and supporting records; qualified inspectors or specialists provide their own findings. | A broker cannot complete your statement about the home or guarantee condition. |
| Who can convey | Current title records, recorded instruments, and qualified legal review where authority is unclear | A name on a tax page or old deed alone does not resolve every signing issue. |
| What must be paid or released | Creditor payoff or release demands, tax and HOA statements, title requirements, and the closing statement | An estimated loan balance or old statement is not a final payoff. |
| What title coverage provides | The issued policy and its terms, conditions, exclusions, and exceptions, explained by the title provider or qualified counsel | A preliminary commitment is not the final policy and is not a promise that every risk is covered. |
| Whether the parties may close | The signed contract, satisfied funding and title conditions, closing provider confirmation, and any needed legal direction | A target closing date, signed document, or marketing status alone does not confirm completion. |
Authority and freshness
Source review: · Links lead to the issuing government authority, not a summary publisher.
Status: Official statutory text reviewed August 30, 2026; Section 5.008 contains the statutory seller's disclosure framework and listed exceptions.
Used here for: This source explains when the disclosure notice applies and how your knowledge affects the answers. It also describes delivery timing and the notice’s limits compared with inspections or warranties.
Status: Current TREC form page reviewed August 30, 2026; Form 55-1 shows an effective date of May 28, 2026.
Used here for: This source identifies the current form and its questions about condition and equipment. It includes flood and defect prompts. Ask qualified counsel whether an exception applies to your sale.
Status: Current Texas title-insurance guidance reviewed August 30, 2026
Used here for: This source explains the search of public records and the resulting title commitment. Read its requirements and exceptions to understand the work still needed before closing.
Status: Current Texas property-tax guidance reviewed August 30, 2026
Used here for: The effect of delinquent property-tax liens on clear title and the role of the local tax office in current balances and payment information
Read with the current documents
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