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Texas · Prop. Code §5.008(c)Texas death disclosure: natural causes, suicide and accidents – not homicide

Texas Property Code §5.008(c) says a seller or the seller's agent has no duty to disclose or release information about whether a death by natural causes, suicide, or an accident unrelated to the condition of the property occurred on the property, or whether a previous occupant had HIV or AIDS. The list does not include homicide, and a death caused by the property's condition is outside it, so those facts are not covered by the statute's safe harbor. The rest of the seller's disclosure notice – the physical condition of the property – must still be completed to the best of the seller's knowledge (§5.008(d)).

What the statute says

  1. No duty

    Death by natural causes, suicide or an accident unrelated to the property's condition (§5.008(c)).

  2. HIV/AIDS

    No duty to disclose a previous occupant's HIV or AIDS (§5.008(c)).

  3. Not on the list

    Homicide, and deaths caused by a condition of the property.

  4. The notice

    Completed to the best of the seller's belief and knowledge when signed (§5.008(d)).

Still not allowed

  • Treating a homicide as covered by §5.008(c) – it is not named there.
  • Leaving out damage, repairs or contamination connected to any death.
  • Giving a false answer when the buyer asks.

How agents and TCs handle the question

  • A buyer's direct question gets a truthful answer or a referral to the seller – never a made-up one.
  • Physical consequences – damage, cleanup, meth contamination – go on the condition disclosure.
  • Write down the question and the answer in the deal notes.

Questions buyers and sellers ask

Do you have to disclose a death in a house in Texas?

Not a death by natural causes, suicide or an accident unrelated to the property's condition (Tex. Prop. Code §5.008(c)).

Do you have to disclose a murder in Texas?

Homicide is not in §5.008(c)'s list, so the statute does not remove a duty; get legal advice before deciding not to disclose.

Does the seller's disclosure notice ask about deaths?

The statute removes the duty for the listed deaths; the notice still covers the property's physical condition (§5.008(d)).

Log buyer questions and the answers given as deal notes in ClosingCode, so the file shows what was asked and said.

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Source: Texas Property Code §5.008 (statutes.capitol.texas.gov, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.