What Repairs Are Sellers Required to Make in Texas?

If you're selling a home in Texas — especially in the Austin area — you might be wondering: "What repairs do I legally have to make before I sell?"

It's one of the most common questions sellers ask, and the answer surprises many people. Texas law does not require sellers to fix anything before selling a home. But that doesn't mean you can ignore problems or hide them from buyers.

Let's break down exactly what Texas law says about seller repairs, what "as is" really means, and how the option period works so you can sell with confidence.

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The Short Answer: Texas Is an "As Is" State

Texas uses the TREC One to Four Family Residential Contract (Form 20-17) for most residential home sales. This contract includes an "as is" provision at Paragraph 7(D)(1), which means the property is sold in its current condition.

In plain terms: the seller is not automatically required to make any repairs.

As real estate attorney sources at LoneStarLandLaw.com explain, checking the "as is" box on the TREC contract means the buyer agrees to accept the property in its present condition without an automatic obligation by the seller to fix everything the buyer wants fixed (LoneStarLandLaw.com).

But here's the critical distinction: "as is" affects your duty to repair, not your duty to disclose. These are two separate legal obligations, and confusing them can lead to lawsuits.

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Disclosure vs. Repairs: Two Different Things

What Sellers Must Disclose

Under Texas Property Code Section 5.008, every seller of a previously occupied single-family home must provide the buyer with a written Seller's Disclosure Notice. The Texas Real Estate Commission (TREC) provides the standard form, known as Form OP-H.

The disclosure covers:

• Structural items: foundation cracks, roof leaks, wall damage, floor issues
• Systems and equipment: HVAC, plumbing, electrical, water heater, appliances
• Water damage: flooding history, water penetration, floodplain location
• Pest history: termite damage or treatment
• Environmental hazards: asbestos, radon, lead-based paint (for homes built before 1978)
• HOA information: dues, rules, pending lawsuits
• Unpermitted work: any improvements done without proper permits

You must disclose what you actually know about the property's condition. You are not required to hire an inspector or investigate problems you can't see. But if you know the roof leaks and you check "No" next to "Are you aware of any roof problems?" — that's fraud.

What Sellers Must Repair

Here's where it gets simple: Texas law does not require sellers to make any specific repairs. There is no statute that says you must fix the roof, repair the foundation, or replace a broken dishwasher before you can sell.

However, there are three situations where a seller may become obligated to make repairs:

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Situation 1: You Agreed to Repairs in a Contract Amendment

During the option period (more on this below), buyers typically inspect the home and may request repairs. If you and the buyer sign an amendment where you agree to fix specific items, you are legally bound to complete those repairs.

The TREC contract states that if the seller agrees to make repairs, they must complete them before closing, with up to 5 days after closing if necessary to finish the work (TREC Form 20-17, Paragraph 7(F)).

Key point: You are only required to make repairs you explicitly agreed to in writing. Verbal promises don't count in Texas real estate.

What happens if you don't complete agreed repairs?

If you agree to repairs and don't complete them, the buyer can:

• Delay closing until repairs are done
• Negotiate a credit at closing instead of repairs
• Pursue legal remedies after closing for breach of contract

This is why it's important to only agree to repairs you can realistically complete before the deadline.

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Situation 2: Lender-Required Repairs

If the buyer is using an FHA, VA, or USDA loan, the lender may require certain repairs to be completed before they'll approve the loan. These are called lender-required repairs or lender-required conditions.

Common lender-required repairs include:

• Safety hazards (exposed wiring, missing handrails)
• Structural issues (foundation problems that affect safety)
• Roof issues (active leaks or very old roofs)
• Plumbing or electrical problems that pose health risks
• Termite damage (treatment required by VA loans)

The TREC contract addresses this at Paragraph 7(E): "Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs" (TREC Form 20-17).

This means:

• The seller is not automatically required to pay for lender-required repairs
• The buyer is not automatically required to pay for them either
• If neither party agrees to pay, the deal may fall through

In practice, lender-required repairs often become a negotiation point. The seller may agree to fix them to keep the deal alive, or the parties may split the cost, or the seller may offer a credit at closing.

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Situation 3: HOA or Local Government Requirements

In some cases, a homeowners association or local municipality may require certain repairs before a sale can close. For example:

• An HOA may require a cracked driveway to be repaired
• A city inspection may flag code violations that must be corrected
• Some municipalities require a certificate of occupancy or resale inspection

These requirements vary by location. In the Austin area, most cities do not require a pre-sale inspection, but some HOAs do have architectural or maintenance standards that must be met.

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The Option Period: Where Repair Negotiations Happen

The option period is the most important time for repair negotiations in a Texas real estate transaction. Here's how it works:

1. The buyer pays an option fee (typically $100–$500) to the seller for the right to terminate the contract for any reason during a negotiated number of days (usually 7–10 days).

2. The buyer hires a home inspector to examine the property during this period.

3. The buyer receives an inspection report listing any defects, safety issues, or recommended repairs.

4. The buyer submits a repair amendment requesting specific repairs or a price reduction.

5. The seller responds: agree to all, agree to some, refuse, or offer a credit instead of repairs.

6. Both parties negotiate until they reach an agreement or the buyer terminates.

If the buyer terminates during the option period, they get their earnest money back but lose the option fee. If the option period expires without an agreement on repairs, the contract continues and the buyer proceeds with the purchase "as is."

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Selling "As Is" in Austin: What It Really Means

Many Austin sellers list their homes "as is" — especially investors, estate sales, or homeowners who don't want to deal with repairs. Here's what that means in practice:

You CAN sell "as is" if:

• You complete the Seller's Disclosure Notice honestly
• You disclose all known defects
• You don't hide or conceal problems (putting a rug over cracked tile, painting over water stains without disclosing them)
• You allow the buyer to inspect the property

You CANNOT use "as is" to:

• Avoid disclosing known defects
• Hide problems you're aware of
• Make false statements about the property's condition
• Refuse to honor repairs you agreed to in writing

As the Texas court ruled in Prudential Ins. Co. of Am. v. Jefferson Assocs., Ltd.: "A seller cannot have it both ways: he cannot assure the buyer of the condition of a thing to obtain the buyer's agreement to purchase 'as is,' and then disavow the assurance which procured the 'as is' agreement" (896 S.W.2d 156, 161 (Tex. 1995)).

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Common Repair Negotiations in the Austin Market

Austin's climate and soil conditions create some specific repair issues that come up frequently in real estate transactions:

Foundation Issues

Central Texas has expansive clay soils — particularly the Houston Black Clay and Taylor Clay formations — that cause more foundation movement than almost anywhere else in the country. If your home has had foundation work, you must disclose it on the Seller's Disclosure Notice, including:

• When the work was done
• Which company performed the repair
• Whether a transferable warranty exists

Foundation repairs are one of the most commonly litigated disclosure items in Texas. A documented repair with a transferable warranty can actually help your sale. A hidden problem that's discovered later can lead to a lawsuit.

Roof Damage

Hail storms are common in the Austin area, and roof damage is a frequent inspection finding. If your roof has been replaced or repaired due to storm damage, disclose it. If you filed an insurance claim for roof damage, that should be disclosed as well.

Buyers will want to know:

• The age of the roof
• The type of roofing material
• Whether there have been any leaks
• Whether any insurance claims have been filed

HVAC Systems

Austin's hot summers mean HVAC systems work hard. An older system may still function but be near the end of its useful life. While you're not required to replace an aging HVAC system, buyers often request a credit or repair if the system isn't working properly during the inspection.

Plumbing Issues

Older homes in central Austin neighborhoods may have galvanized or cast-iron plumbing that's nearing the end of its life. If you know about leaks, slow drains, or pipe issues, disclose them.

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What Happens If a Seller Hides Defects?

Texas takes seller fraud seriously. If a seller knowingly hides a material defect and the buyer discovers it after closing, the buyer can sue under the Texas Deceptive Trade Practices Act (DTPA). Penalties can include:

• Actual damages: the cost to repair the defect
• Treble damages: three times the actual damages (for intentional or knowing violations)
• Attorney's fees: the seller may have to pay the buyer's legal costs

As Neuhaus Realty Group notes, the penalty for skipping or falsifying the disclosure can result in lawsuits under the DTPA with treble damages plus attorney's fees (NeuhausRe.com).

Texas courts have also consistently ruled that sellers cannot claim ignorance of defects that a reasonable homeowner would have noticed. In Myre v. Meletio, the court held that "a seller is under a duty to disclose material facts that would not be discoverable by the exercise of ordinary care and diligence by the purchaser" (307 S.W.3d 839, 843-44 (Tex. App.—Dallas 2010, pet. denied)).

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Seller's Disclosure Exemptions

Not every seller is required to provide a disclosure notice. Under Section 5.008(e) of the Texas Property Code, the following sellers are exempt:

• Foreclosure sales and court-ordered transfers
• Bankruptcy trustee sales
• Transfers between co-owners
• Transfers to a spouse or direct family member
• Divorce-related transfers
• New construction that has never been occupied
• Transfers to or from a government entity
• Estate or probate sales by a fiduciary

Important: Even exempt sellers can be sued for intentional fraud or concealment of known defects. The exemption removes the disclosure requirement, but it does not protect you from lying about the property's condition.

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Practical Tips for Austin Sellers

1. Disclose Everything You Know

The best strategy is to over-disclose. If you're unsure whether something needs to be on the disclosure form, include it. A buyer who knows about an issue before closing is far less likely to sue you after closing.

2. Consider a Pre-Listing Inspection

Hiring a home inspector before you list can help you understand what buyers will find. This allows you to:

• Decide which repairs to make proactively
• Price the home accordingly if you plan to sell "as is"
• Avoid surprises during the buyer's option period

3. Document Any Repairs You've Made

If you've had work done — foundation repair, roof replacement, plumbing fixes — keep the records. Attach warranties and invoices to the disclosure notice. This builds trust and can prevent post-closing disputes.

4. Be Strategic About Repair Negotiations

When a buyer asks for repairs during the option period, consider your options:

• Fix the item: best for safety issues or inexpensive repairs
• Offer a credit: often better for larger items like roof replacement, since the buyer can choose their own contractor
• Reduce the price: works if the buyer has the cash to make repairs after closing
• Refuse politely: you're not required to agree to any repairs, but refusing may risk the deal

5. Don't Conceal Problems

Never hide defects. Putting a picture over a wall crack, placing a rug over floor damage, or painting over water stains without disclosing the underlying issue is considered willful concealment — and it's one of the fastest ways to end up in court.

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Frequently Asked Questions

Can I sell my house in Texas without making any repairs?

Yes. Texas is an "as is" state, and no law requires sellers to make specific repairs before selling. However, you must complete the Seller's Disclosure Notice honestly, and any repairs you agree to in a contract amendment must be completed.

Do I have to fix things the home inspector finds?

No. The buyer's inspection may uncover issues, but you are not required to fix them. The buyer can request repairs during the option period, and you can agree, refuse, or negotiate.

What if the buyer's lender requires repairs?

If the buyer is using an FHA, VA, or USDA loan, the lender may require certain repairs before approving the loan. Under the TREC contract, neither party is automatically obligated to pay for lender-required repairs. This becomes a negotiation point — if neither party agrees, the deal may fall through.

Can I sell "as is" and still fill out the disclosure?

Yes — and you should. "As is" and disclosure are not mutually exclusive. "As is" means you won't make repairs. Disclosure means you'll tell the buyer what you know about the property's condition. You can do both.

What happens if I forget to disclose something?

If you genuinely didn't know about a defect, you're not liable for failing to disclose it. But if you should have known — or if you intentionally hid it — the buyer can sue for damages, including treble damages under the Texas Deceptive Trade Practices Act.

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The Bottom Line

Texas law gives sellers significant freedom to sell their homes "as is" without making repairs. But with that freedom comes the responsibility to be honest about what you know.

Disclose what you know. Don't hide problems. Only agree to repairs you can complete. Follow these three rules, and you'll navigate the repair question with confidence — whether you're selling a downtown Austin condo, a Round Rock family home, or a Cedar Park starter house.

If you're planning to sell in the Austin area and want guidance on pricing, disclosures, and repair negotiations, reach out to a local real estate professional who understands the Central Texas market. Every transaction is different, and having an experienced advocate can help you avoid costly mistakes.

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Sources: Texas Property Code Section 5.008; TREC Form 20-17 (One to Four Family Residential Contract); TREC Form OP-H (Seller's Disclosure Notice); LoneStarLandLaw.com; Neuhaus Realty Group; Texas Real Estate Commission (TREC.texas.gov). This article is for educational purposes only and is not legal advice. Consult a licensed Texas real estate attorney for specific legal questions.