Is Texas a Non-Disclosure State (2026)

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Is Texas a non-disclosure state for real estate

Summary

  • Texas keeps real estate sales prices private and out of public property records.
  • Non-disclosure status affects property tax appraisals, buyer research, and seller leverage.
  • Texas also offers non-disclosure orders that seal certain criminal records from public view.

Buying or selling a home in Texas comes with a surprise many newcomers don't expect. Unlike most states, the price you pay at closing stays out of public databases – and that single fact shapes everything from your tax bill to your negotiation strategy.

What Non-Disclosure Status Means in Texas

Texas is one of roughly a dozen states where home sale prices are not required to be reported to state or local public agencies. There's no law forcing buyers or sellers to share what changed hands at closing with the county, the state, or any appraisal district. Federal reporting still applies, though – title companies typically report sale prices to the IRS on Form 1099-S.

Under Texas Tax Code Section 22.27, any sales price information voluntarily shared with an appraisal office under a promise of confidentiality stays confidential. Appraisal employees who leak that information can face a Class B misdemeanor charge.

The Texas Government Code reinforces this protection. Section 552.149 of the Government Code excepts real property sales prices and related details received by the comptroller or chief appraiser from a private entity from standard public-records disclosure requirements. This real estate privacy rule is entirely separate from a corporate Texas non-disclosure agreement, as the state's property status simply means the government does not mandate price reporting.

Information That Stays Private After a Real Estate Closing

When a home changes hands in Texas, certain details remain shielded from public view even though the deed itself is recorded. If you are learning how property transfers work and wonder exactly what a deed is, you might be surprised to find that this public document explicitly omits the final sales price. Items that typically stay private include:

  • The exact sale price paid by the buyer
  • Income and expense reports the owner files with an appraisal district
  • Voluntary sales-price disclosures made under a promise of confidentiality
  • Rendition statements and personal property reports tied to the property

Under Texas Property Code Section 5.008, most sellers of single-family homes must provide buyers with a written Seller's Disclosure of Property Condition, though statutory exemptions exist for certain transfers such as new construction, foreclosures, or family transfers. That form covers known defects and conditions – not the sales price.

How Non-Disclosure Affects Property Tax Appraisals

Appraisal districts in Texas set property values without direct access to recent sale prices. They rely instead on broader market data, multiple listing service feeds when available, and information that property owners choose to share during protests.

This creates a real-world quirk. Two nearly identical homes on the same street can carry very different appraised values, simply because one owner protested with sales data and the other didn't. If you believe your appraisal is too high, you can voluntarily share your closing documents with the district during a protest – but you're not obligated to.

The confidentiality rules under Section 22.27 also limit how that information can move once shared. Disclosure is allowed only for specific purposes, such as judicial proceedings, written requests from the comptroller, or audits of appraisal districts.

Advantages and Drawbacks of Non-Disclosure for Buyers and Sellers

Non-disclosure status cuts both ways. Buyers and sellers each see benefits and challenges depending on the situation. Before deciding on an offer and figuring out what a purchase agreement is going to look like for a specific property, it helps to understand how these rules impact negotiations.

Potential advantages include:

  • Greater privacy around personal financial transactions
  • More negotiating room since neighbors can't easily compare prices
  • Lower risk of automatic property tax hikes after a high-priced sale

Potential drawbacks include:

  • Harder research for buyers trying to gauge fair market value
  • Less transparency in fast-moving markets
  • Greater reliance on real estate agents and private data services for pricing guidance

Sealing Your Criminal Record Under Texas Non-Disclosure Laws

The phrase "non-disclosure" also appears in Texas criminal law, where it refers to sealing certain criminal records from public view. An order of non-disclosure prevents public agencies from releasing information about a qualifying offense to most employers, landlords, and the general public.

Eligibility depends on the offense, the outcome of the case, and any waiting period that applies. Some people qualify automatically after completing deferred adjudication for certain misdemeanors, while others must file a petition with the court that handled the case.

A non-disclosure order isn't the same as expunction. Law enforcement and certain licensing agencies can still see the sealed record, but the public generally cannot.

Whether you need to securely draft a real estate letter of intent form to initiate a commercial property deal or you are exploring options to seal a criminal record, the paperwork can feel overwhelming. ConsumerShield helps connect people like you with the resources they need to advocate for themselves – explore our forms and guides to find templates, checklists, and educational tools today.

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Frequently Asked Questions

Yes. Sale prices are not part of the public record in Texas, and sellers are not required to report what a buyer paid to any state or local government agency, or to an appraisal district.

Yes. Most sellers of single-family homes must provide a written Seller's Disclosure of Property Condition covering known defects, though exceptions apply for specific transactions like foreclosures or new construction.

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