Selling a Home in Texas? Here’s the Truth About Death Disclosure Rules

If you’ve ever tried to sell a home in Texas and someone mentioned a “death disclosure,” you probably felt a flicker of uncertainty — Do I really have to tell buyers that someone passed away here? It’s a fair question. Real estate transactions already carry enough stress without adding legal gray areas about what must (and must not) be revealed.

I’ve worked with many sellers who worry about this exact issue. Some fear lawsuits, others fear scaring off buyers. The truth is, Texas law draws a clear line between what’s a legal duty and what’s just good ethics or courtesy. Knowing where that line lies protects you from both legal trouble and unnecessary guilt.

In this article, I’ll break down what the Texas death disclosure law actually says, when you’re required to speak up, and when silence is perfectly legal. You’ll see real examples, the key exceptions most people miss, and a few smart ways to keep your transaction honest — and stress-free.

So, let’s start by looking at what the Texas Property Code really requires from a home seller.

What the Texas Law Actually Says

When it comes to death disclosure, Texas doesn’t leave much to guesswork — the rule is written right into the Texas Property Code § 5.008. This law outlines exactly what a home seller must disclose before closing a deal.

Statutory Language: Texas Property Code § 5.008

Under subsection (c) of this statute, “a seller or the seller’s agent has no duty to disclose whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property.” In other words, if someone passed away from illness, old age, or an unfortunate event that had nothing to do with a structural or safety issue in the home, you are not legally required to mention it.

The statute applies specifically to residential properties with one dwelling unit and is tied to the state’s Seller’s Disclosure Notice — a mandatory form every seller must complete. This form focuses on material defects, not emotional or historical events tied to the property. You can verify the full text directly from the Texas Statutes.

What Is Excluded / What Is Not Required

Texas law makes a clear distinction between what counts as a material defect and what doesn’t. Deaths caused by natural reasons, suicide, or accidents unrelated to the home’s condition are all excluded from required disclosure.

The same goes for the HIV/AIDS status of any current or previous occupant — the law explicitly states that sellers and their agents are not obligated (and should not be pressured) to reveal such information. These rules are in place to balance transparency with privacy and to keep real estate transactions focused on property conditions, not personal history.

Exceptions & When Disclosure Is Required

Most sellers breathe easier once they know they don’t have to disclose every death that ever occurred on their property. But there are a few important exceptions — situations where silence could cross into legal trouble. These are the gray areas that separate an honest mistake from a lawsuit.

Death Caused by the Property’s Condition

If someone died because of a defect in the home itself — say, a collapsed balcony, faulty wiring, or unsafe stairs — that changes everything. The death isn’t just a tragedy; it points to a material defect in the property. And under Texas law, material defects must be disclosed because they directly affect the home’s safety and value.

If the underlying issue was fixed and documented, sellers should still mention it on the Seller’s Disclosure Notice to stay transparent. Buyers have a right to know when a previous hazard led to injury or death — even if it’s been repaired.

Murder or Violent Death Known to the Seller

While the law doesn’t explicitly demand disclosure of a murder, it’s often safer — and smarter — to bring it up if you know about it. A murder or violent crime can drastically impact a home’s reputation and resale value, even if the property itself is sound.

A violent incident can leave a long-lasting mark on how potential buyers perceive a home. In fact, our in-depth guide on how murder houses impact property values explains why transparency isn’t just a legal move — it’s a smart business one.

Courts generally view deliberate silence about such a fact as potential misrepresentation, especially if a buyer can prove that the information would have influenced their decision. So, if you’re aware of a homicide or violent death tied to the property, it’s wise to consult your agent or attorney before listing. You might not be legally required to mention it, but transparency here can prevent future disputes.

When a Buyer Asks Directly

Texas law also recognizes simple honesty: if a buyer asks about deaths or violent events, you must answer truthfully. Lying or dodging the question could later be seen as fraud or misrepresentation — far riskier than being upfront.

Even if the question feels uncomfortable, it’s better to respond clearly and document your answer. This protects both sides and keeps the transaction clean.

Practical Buyer & Seller Implications

For Sellers: What to Do (and What Not to Do)

Here’s a quick mental checklist I always recommend:

• Complete the Seller’s Disclosure Notice carefully.
• Review your property’s history — know what’s been reported or fixed.
• When in doubt, get advice from a Texas real estate attorney.

If you knowingly hide information about a property-related death or a major defect, you risk fraud allegations and even lawsuits. But oversharing unnecessary details (like a natural death) can create needless stigma. The goal is balance — be truthful, not fearful. You can verify proper disclosure practices directly from the Texas Real Estate Research Center.

For Buyers: What to Ask & How to Protect Yourself

If you’re on the buying side, ask questions early. Start with simple ones:

• Has there ever been a death on the property?
• Was it related to a structural or safety issue?
• Has the problem been professionally repaired?

Don’t rely only on conversation — check public records, talk to neighbors, and review police reports if needed.

Reputational / Stigma Effects vs. Legal Defect Effects

A house can be legally perfect yet emotionally complicated. If a murder or tragedy occurred there, the home may be considered “stigmatized.” While stigma doesn’t affect the legal condition of the property, it can still influence value, negotiations, and time on the market.

Some homes even become known nationwide because of their past — as we explored in America’s most infamous murder houses. These real examples show how emotional perception can sometimes outweigh physical condition when it comes to market value.

In most cases, Texas law treats stigma as irrelevant to disclosure — but in reality, perception sells homes. Smart sellers acknowledge this privately with their agents and price accordingly, instead of letting rumors surface later.

Common Myths & Misunderstandings

When I talk to clients about death disclosure, I notice the same myths come up over and over. They’ve usually heard something from a neighbor or a random online post — and it sounds convincing until you look at the actual law. Let’s clear those up.

Myth 1: “Any death in the house must be disclosed in Texas.”

Not true. The law is very specific about which deaths trigger disclosure duties. A death by natural causes, suicide, or accident unrelated to the property’s condition doesn’t have to be mentioned at all. Sellers often over-disclose out of fear, but doing so can create unnecessary stigma that affects value or buyer perception.

Myth 2: “You have to disclose if someone died of COVID-19.”

Again, false. COVID-19 or any illness-related death counts as a natural cause under Texas law, so there’s no legal obligation to report it. Pandemic-related deaths don’t fall under the category of “material defect.” It’s better to focus on property condition rather than personal medical history.

Myth 3: “Disclosure ends the deal.”

Some sellers worry that admitting a death will automatically cancel the sale. That’s not how it works. Even if a seller dies after signing a contract, the deal usually continues under estate law, handled by the executor or heirs. As long as the property condition disclosures are accurate, the transaction remains valid.

How This Compares With Other States

Texas isn’t the only state that takes a lenient stance on death disclosure. In fact, most U.S. states — including Florida, Arizona, and Illinois — don’t require sellers to reveal a prior death unless it’s directly tied to the property’s condition or there’s been active concealment.

According to Spaulding Decon’s national disclosure map, Texas sits squarely in the “no disclosure required” category for natural deaths and suicides. For example, California follows a much stricter disclosure rule — deaths within the last three years must be revealed. Our comparison on California’s death disclosure law breaks down exactly how their regulations differ from Texas, and what that means for sellers moving between states. That means a Texas homeowner who relocates or owns property in another state might find different rules waiting — making this comparison more than just trivia.

What to Include in Your Contract / Notes & Legal Checklist for Texas Transactions

Before you close any real estate deal in Texas, document everything that could matter later. Here’s a simple checklist to keep your bases covered:

• Ensure the Seller’s Disclosure Notice is completed and signed.
• If you’re the buyer, put specific questions in writing — especially about property condition or known deaths.
• Keep a paper trail: emails, text confirmations, inspection notes.
• If there’s any uncertainty about a past event, have your agent or attorney draft an acknowledgment section in the contract.

It’s not about adding red tape; it’s about protecting both sides from future misunderstandings. And if you’re unsure where a particular scenario falls, a short consultation with a Texas real estate attorney is always worth it.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Real estate laws can change, and every situation is unique — always consult a licensed Texas real estate attorney or qualified professional before making disclosure or contract decisions.