What Repairs Are Sellers Required to Make in Texas?

You're selling your home in Texas. The buyer's inspector found a leaky faucet, a cracked window, and an aging water heater. Now the buyer wants you to fix everything before closing. Are you legally required to make those repairs?

The short answer is no. In Texas, sellers are not legally required to make repairs to their home before selling it. Texas real estate contracts are written on an "as-is" basis, meaning the buyer accepts the property in its current condition. But that doesn't mean you can hide problems or ignore everything. Texas has strict disclosure laws, and the option period gives buyers leverage to negotiate.

This guide breaks down what repairs you must make, what repairs you should consider, and what you can safely leave alone when selling your home in Texas — especially in the Austin metro market.

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

The standard Texas Real Estate Commission (TREC) contract — the One to Four Family Residential Contract (Resale) — includes a key paragraph (Paragraph 7) that addresses the property's condition. Under this paragraph, the seller is not required to make any repairs to the property unless the contract is amended.

This means that when you sign a contract to sell your home, you are essentially telling the buyer: "I'm selling this house in its current condition." The buyer agrees to accept it that way.

However, there are important exceptions and nuances that every seller should understand.

What Sellers ARE Legually Required to Do

While you don't have to fix things, Texas law does require you to disclose what you know about the property's condition. Here's what's legally required:

1. Complete the Seller's Disclosure Notice

Texas law requires sellers to provide a Seller's Disclosure Notice to buyers. The TREC form (TREC OP-H) asks sellers to disclose known information about:

• Previous termite damage or treatment
• Foundation problems or repairs
• Roof condition and age
• Plumbing issues (leaks, repairs, water pressure)
• Electrical problems
• HVAC condition and age
• Water penetration or flooding
• Previous insurance claims
• Environmental hazards (lead-based paint for homes built before 1978, asbestos, radon, mold)
• HOA information and fees
• Any known structural or mechanical problems

You must fill out this form honestly and completely. Failing to disclose known problems can lead to lawsuits after the sale closes. Texas courts have consistently ruled that sellers can be held liable for fraudulent concealment or deceptive trade practices if they intentionally hide defects.

Important: The Seller's Disclosure Notice is not a warranty. It's a statement of what you know as the seller. If you genuinely don't know about a problem, you can indicate that on the form. But if you know your roof leaks and you check "no known problems," you're exposing yourself to legal liability.

2. Disclose Lead-Based Paint (Homes Built Before 1978)

Federal law requires sellers of homes built before 1978 to provide a Lead-Based Paint Disclosure form and a lead-based paint pamphlet to buyers. You must disclose any known lead-based paint hazards in the home. This is a federal requirement under the Residential Lead-Based Paint Hazard Reduction Act of 1992, enforced by the Environmental Protection Agency (EPA).

Failure to comply can result in penalties of up to $16,000 per violation under federal law.

3. Honor Contractual Agreements

If you and the buyer agree in writing to make specific repairs as part of the contract (through an amendment), those repairs become legally binding. Once you sign that amendment, you are required to complete the agreed-upon repairs before closing.

This is where many sellers get tripped up. During the option period, buyers often negotiate for repairs. If you agree to fix the foundation, you must fix it. If you agree to replace the water heater, you must replace it. A verbal promise is not enough — the agreement must be in writing through a TREC amendment form.

The Option Period: Where Repairs Get Negotiated

The option period is a critical part of Texas real estate transactions. Here's how it works:

The buyer pays a fee (the option fee, typically $100–$500) for the unrestricted right to terminate the contract within a specified number of days (typically 7–10 days). During this time, the buyer usually orders a home inspection.

After the inspection, the buyer can:

1. Terminate the contract and get their earnest money back (but lose the option fee)
2. Accept the home as-is and proceed to closing
3. Negotiate repairs or a price reduction using an amendment to the contract

This is where repair negotiations happen. The buyer's inspector finds issues, and the buyer submits an amendment asking you to fix certain things or give a credit at closing.

What Buyers Typically Ask Sellers to Repair

Based on common practice in the Austin metro area, buyers most often request repairs for:

• Foundation issues — Cracks, uneven floors, or signs of movement
• Roof problems — Missing shingles, active leaks, or a roof near the end of its life
• Plumbing leaks — Slab leaks, pipe leaks, or drainage issues
• Electrical hazards — Exposed wiring, non-functioning outlets, or panel issues
• HVAC problems — Air conditioner or heater not working properly (especially important during Austin summers)
• Water heater issues — Leaks, age, or lack of proper installation
• Safety hazards — Missing smoke detectors, broken GFCI outlets, or handrail issues

How to Respond to Repair Requests

You have several options when a buyer asks for repairs:

1. Agree to make the repairs — You fix the items before closing. Use licensed contractors and keep all receipts.
2. Offer a credit at closing — Instead of making repairs, you give the buyer a credit toward their closing costs. This is often easier and faster, and the buyer can choose their own contractor after moving in.
3. Reduce the sale price — You lower the purchase price to account for the needed repairs.
4. Say no — You can refuse to make any repairs. The buyer then decides whether to proceed or walk away.
5. Negotiate a compromise — Agree to fix the most critical items and decline the rest.

In the Austin market, where inventory has been increasing, buyers have more negotiating power than they did during the peak seller's market of 2021–2022. Being reasonable about legitimate repair requests can keep your deal together.

What Sellers Should Consider Fixing (Even If Not Required)

Even though you're not legally required to make repairs, some fixes are worth the investment to sell your home faster and for a better price. Consider addressing these before listing:

Before Listing Your Home

1. Obvious safety issues — Broken stairs, exposed wiring, or missing smoke detectors are cheap to fix and prevent buyers from being scared off.
2. Visible leaks — A dripping faucet or visible water stain signals bigger problems to buyers. Fix them before showings.
3. HVAC servicing — Have your AC and heater serviced and leave the receipt out for buyers to see. Austin buyers are particularly concerned about AC reliability.
4. Curb appeal fixes — Fresh mulch, trimmed bushes, and a clean entryway make a strong first impression.
5. Minor cosmetic updates — Fresh paint in neutral colors, clean grout, and updated cabinet hardware can increase your sale price.

During the Option Period

If the buyer's inspection reveals problems you didn't know about, consider fixing:

1. Active leaks — Plumbing or roof leaks should be addressed. They can derail a sale if left unfixed.
2. Safety hazards — Anything that poses a danger to the buyer should be taken seriously.
3. Major system failures — If the HVAC, water heater, or electrical system isn't functioning, fixing it can save the deal.

What Sellers Can Sell "As-Is" Without Fixing

Many items that buyers flag on inspection reports are not required to be fixed. You can legitimately sell your home as-is with:

• Cosmetic issues — Worn carpet, outdated paint colors, old cabinets, or dated fixtures
• Minor cracks — Hairline cracks in walls, ceilings, or driveways that don't indicate structural problems
• Normal wear and tear — Scratched floors, worn countertops, or aging appliances
• Code updates — You're not required to bring your home up to current building codes unless you've done recent renovation work that triggered code compliance
• Preferences — The buyer can't force you to upgrade to energy-efficient windows or install a new AC just because the current one is old (unless it's not functioning at all)

The "As-Is" Clause in the TREC Contract

Paragraph 7 of the TREC One to Four Family Residential Contract explicitly states that the property is sold "as is" — meaning the seller makes no warranties or representations about the condition of the property beyond what's stated in the contract and the Seller's Disclosure Notice.

However, the contract also requires the seller to ensure that:

• The smoke detectors are operational (Paragraph 6)
• All systems and appliances that are conveyed with the property are in working condition on the date of closing (this is implied by the contract's language about what conveys)

Wait — let me clarify that last point. The TREC contract states that items listed in Paragraph 2 (things like built-in appliances, ceiling fans, etc.) convey with the property. If a built-in appliance is included in the sale, it should be in working order. If your oven doesn't work and you're including it in the sale, the buyer could argue it needs to be fixed or replaced.

Special Situations in Texas

FHA and VA Loans

If your buyer is using an FHA loan or a VA loan, the lender may require certain repairs to be completed before closing. These loans have stricter property condition requirements than conventional loans.

For FHA loans, the appraiser may flag:

• Peeling paint in homes built before 1978 (lead-based paint concern)
• Safety hazards like missing handrails or exposed wiring
• Structural issues
• Inoperable systems (HVAC, water heater, etc.)

For VA loans, the appraiser checks for:

• Safe and sound structural condition
• Adequate heating and cooling
• Clean water supply
• Safe electrical system
• Accessible roof

If your buyer is using one of these loan types, you may need to make repairs — not because Texas law requires it, but because the lender won't approve the loan without them. You can still refuse, but the buyer may not be able to get financing.

New Construction

If you're selling a newly built home, different rules apply. The Texas Residential Construction Commission Act (though the agency itself was abolished in 2010, the statutory standards remain) sets out implied warranties for new construction:

• 1-year warranty for workmanship and materials
• 2-year warranty for systems (plumbing, electrical, HVAC)
• 10-year warranty for structural components

If you're a builder selling new construction, you have an obligation to deliver a home that meets these warranty standards.

Investment Properties

If you're selling an investment property (not your homestead), you have less protection from judgment liens and different disclosure expectations. Investors often sell properties as-is more aggressively, but still must complete the Seller's Disclosure Notice honestly.

How to Protect Yourself as a Seller

1. Be Honest on Your Disclosure

The best protection against post-closing disputes is a complete and honest Seller's Disclosure Notice. If you know about a problem, disclose it. If you've had repairs done, mention them. When in doubt, disclose.

2. Keep Records of Past Repairs

If you've had your foundation repaired, your roof replaced, or your plumbing updated, keep the receipts and transfer them to the buyer. This shows good faith and can prevent disputes about whether problems existed before the sale.

3. Consider a Pre-Listing Inspection

Hiring your own inspector before listing gives you a heads-up on what the buyer's inspector will find. You can then decide whether to fix issues upfront or price the home accordingly.

4. Work With an Experienced Texas Realtor

A knowledgeable real estate agent who understands Texas contracts, the option period, and local market conditions can help you navigate repair negotiations without losing the deal.

Austin Market Considerations for 2026

The Austin metro real estate market in 2026 has shifted toward a more balanced market compared to the extreme seller's market of 2021–2022. What does this mean for repairs?

• Buyers have more negotiating power — With more inventory on the market, buyers can walk away and find another home more easily. Being inflexible about repairs can cost you a sale.
• Inspections matter more — Buyers are conducting thorough inspections and requesting repairs that they might have waived a few years ago.
• Pricing should reflect condition — If you're selling as-is with known issues, price your home accordingly. Overpricing an as-is home in a balanced market will lead to longer days on market and eventual price reductions.

Frequently Asked Questions

Can a buyer force me to make repairs in Texas?

No. The standard TREC contract is an as-is agreement. However, during the option period, the buyer can negotiate repairs through an amendment. If you refuse, the buyer can terminate the contract. If you agree in writing, you are legally bound to complete those repairs.

What happens if I hide a known defect?

Intentionally concealing a known defect is fraudulent misrepresentation under Texas law. The buyer can sue you for damages, repair costs, and in some cases, attorney's fees. Texas courts take fraudulent concealment seriously. Always disclose what you know.

Do I have to fix things the inspector finds?

No. The buyer's inspection is for the buyer's information. You are not required to fix anything the inspector finds. However, the buyer can use the inspection results to negotiate repairs, a price reduction, or a closing credit during the option period.

What if the buyer's lender requires repairs?

If the buyer is using an FHA or VA loan, the lender may require certain repairs before approving the loan. You can refuse to make them, but the buyer may not be able to get financing, and the deal could fall through. In these cases, it's often worth negotiating a compromise.

Can I sell my house completely as-is in Texas?

Yes. You can sell your home as-is without making any repairs. You must still complete the Seller's Disclosure Notice honestly and disclose known problems. Many investors and cash buyers purchase homes in as-is condition.

The Bottom Line

Texas law does not require sellers to make repairs before selling. The standard TREC contract is an as-is agreement, and you have the right to sell your home in its current condition. But with that right comes the responsibility to disclose honestly and negotiate in good faith during the option period.

In the 2026 Austin market, being strategic about repairs can make the difference between a smooth sale and a deal that falls apart. Fix the safety issues, disclose everything you know, and work with an experienced realtor who can help you navigate the negotiation.

If you're thinking about selling your home in the Austin area, I can help you understand what repairs are worth making and which ones you can skip. Reach out for a personalized consultation — every home and every situation is different.

---

This article is for informational purposes only and does not constitute legal advice. Texas real estate laws and TREC contract forms are updated periodically. Always consult with a licensed Texas real estate professional or real estate attorney for guidance specific to your situation.