Both TAR and TREC have a seller’s disclosure notice. Can my seller use either form and still be in compliance with the law?

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Yes, both forms comply with Texas statutory requirements related to disclosure.

The TREC form is essentially a copy of the statutory minimum information required in Section 5.008 of the Texas Property Code. TAR recommends that Texas REALTORS® use the TAR Seller’s Disclosure Notice (TAR 1406), which has added provisions that provide more information for buyers and is designed to serve as a risk-reduction tool for sellers.

Remember, the Seller’s Disclosure Notice is not a contract. The notice should not be part of the contract of the parties and should not be listed as an addendum to the contract.

Source: TAR

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