Texas Real Estate Disclosure & Solicitation Rules for Agents (2026)

Texas buyer-side requirements

1. Determine and record the applicable §5.008 exemption

   Required

   Before pursuing the Seller's Disclosure Notice, check whether the transfer is exempt. If it is exempt, record WHICH §5.008 exemption applies rather than silently skipping the notice.

   Source: Tex. Prop. Code § 5.008; exemption summary at — silblawfirm.com/real-estate-law/selling-property-in-texas-find

2. Record Seller's Disclosure Notice delivery

   Confirm the Seller's Disclosure Notice was delivered on or before contract execution and record the delivery date. If unforeseen circumstances prevented earlier delivery, confirm delivery occurred within a reasonable time after execution and note why it was late.

   Source: Tex. Prop. Code § 5.008 — texas.public.law/statutes/tex._prop._code_section_5.008

3. Confirm earnest money and option fee delivery within three days

   Required

   Track BOTH earnest money and option fee delivery to the escrow agent within three days after the Effective Date, and record proof of delivery. Verify the executed contract's paragraph 5 because the parties can modify the promulgated terms.

   Source: TREC One to Four Family Residential Contract (Resale), form 20-15 ¶5 — www.trec.texas.gov/sites/default/files/pdf-forms/20-15_3.pdf

4. Verify the option fee amount and option-period day count

   Required

   Confirm BOTH the option fee dollar amount and the number of option-period days are stated in the executed contract. If either term is missing, or the fee was not delivered on time, record the finding that the buyer's unrestricted termination right does not exist; do not assume one exists.

   Source: TREC 1-4 Family Residential Contract ¶5 — trerc.tamu.edu/article/option-period-basics-2360/

5. Calculate and record the option deadline in calendar days

   Required

   Use the option-period day count stated in the executed contract and count CALENDAR days, including weekends and holidays, from the Effective Date. Confirm the exact expiry time against the executed contract.

   Source: and — trerc.tamu.edu/article/option-period-basics-2360/

6. Confirm pre-1978 lead-paint disclosure delivery

   For target housing built before 1978, confirm the lead-based paint disclosure and pamphlet delivery are retained in the file.

   Source: 42 U.S.C. § 4852d (federal Residential Lead-Based Paint Hazard Reduction Act)

Texas seller-side requirements

1. Determine and record the applicable §5.008 exemption

   Required

   Before pursuing the Seller's Disclosure Notice, check whether the transfer is exempt. If it is exempt, record WHICH §5.008 exemption applies rather than silently skipping the notice.

   Source: Tex. Prop. Code § 5.008; exemption summary at — silblawfirm.com/real-estate-law/selling-property-in-texas-find

2. Record Seller's Disclosure Notice delivery

   Confirm the Seller's Disclosure Notice was delivered on or before contract execution and record the delivery date. If unforeseen circumstances prevented earlier delivery, confirm delivery occurred within a reasonable time after execution and note why it was late.

   Source: Tex. Prop. Code § 5.008 — texas.public.law/statutes/tex._prop._code_section_5.008

3. Confirm earnest money and option fee delivery within three days

   Required

   Track BOTH earnest money and option fee delivery to the escrow agent within three days after the Effective Date, and record proof of delivery. Verify the executed contract's paragraph 5 because the parties can modify the promulgated terms.

   Source: TREC One to Four Family Residential Contract (Resale), form 20-15 ¶5 — www.trec.texas.gov/sites/default/files/pdf-forms/20-15_3.pdf

4. Confirm pre-1978 lead-paint disclosure delivery

   For target housing built before 1978, confirm the lead-based paint disclosure and pamphlet delivery are retained in the file.

   Source: 42 U.S.C. § 4852d (federal Residential Lead-Based Paint Hazard Reduction Act)

When you may contact a Texas prospect

Texas regulates telephone solicitation separately from disclosure. These are the provisions that differ from the federal floor.

Sunday calling window

12pm – 8pm local, narrower than the rest of the week

Statutory penalty per violation

Up to $5,000

Private right of action

Yes — an individual may sue directly

Automated or prerecorded calls

Prior express written consent required

Text messages

Prior express written consent required

Frequency cap

Applies even where the prospect has consented

Source: Tex. Bus. & Com. Code ch. 301 (hours), 302 (registration), 304 (no-call), 305 (mobile); SB 140 (89th Leg. R.S., eff. 2025-09-01) — capitol.texas.gov/tlodocs/89R/billtext/html/SB00140F.htm

What this page does not tell you

Stating what we refuse to claim matters as much as what we assert:

• No attorney reviewed this. It is drafted from published sources. Your broker and your attorney are the authority, not this page.
• It is not exhaustive.Local ordinances, your brokerage's own policies, MLS rules and the specific contract you are using all add requirements that are not here.
• We do not reproduce official forms. Where a promulgated form applies we name it and cite it; obtain the form itself from the issuing body.
• Quiet hours and call caps are not listed as Texas law. Relvara applies one conservative nationwide calling window as an engineering default. It is deliberately stricter than most states require, so it is our policy, not a finding about Texas.