McKinney Foundation Guys Call to Schedule(972) 382-9048

Guide

Selling a House With Foundation Problems in Texas: What to Disclose

It isn't illegal to sell a house with foundation problems in Texas, but you have to tell the buyer what you know. The state's seller's disclosure notice asks directly about the foundation, past structural repairs and soil movement.

Work is done by independent local contractors. Pricing and availability are set by the contractor serving your area.

  • Slab and pier-and-beam homes
  • McKinney, Allen, Frisco and Plano
  • Every figure sourced

The short answer

You can sell, and you must disclose. Texas Property Code §5.008 requires a seller of residential property with not more than one dwelling unit to give the buyer a written seller’s disclosure notice. The Texas Real Estate Commission’s form, prepared under Texas Property Code § 5.008(b), asks about the foundation in three places.

What the disclosure form asks

Where on TREC’s form What it asks about What to write if your house has had trouble
Known defects or malfunctions Foundation/Slab(s), alongside floors, walls, doors and windows Known cracks, movement or problems you’re aware of now
Conditions you’re aware of Previous Structural or Roof Repair Any foundation repair, with the date and who did it
Conditions you’re aware of Landfill, Settling, Soil Movement, Fault Lines Known soil movement or settling, including repaired movement

The form asks what you’re aware of. If you’ve had an inspection, an engineer’s report or a repair, you’re aware. Attach or offer the documents rather than summarizing them from memory; your agent or a real estate lawyer can help with wording.

What the buyer will check

A home inspection. A Texas home inspector must give a written opinion on how the foundation is performing and report the visible indications of adverse performance behind that opinion, such as binding doors, sloping floors and cracks. Inspectors aren’t required to provide engineering services, so a flagged foundation often leads to the next step.

An engineer’s evaluation. Buyers commonly hire a structural engineer during the option period when the inspection flags the foundation. The Foundation Performance Association recommends buyers get a baseline elevation survey in any case, as a reference if the house moves later.

A plumbing test. TREC’s hydrostatic testing addendum lets a buyer, at the buyer’s expense, have a licensed plumber test the drain lines. On a house with foundation movement, expect a buyer’s agent to suggest it.

The lender’s appraiser. For FHA loans, HUD’s handbook says the lender must confirm that all foundations will be serviceable for the life of the mortgage. It lists evidence of possible structural failure, such as settlement or cracked masonry or foundation, among the conditions that can require an inspection by a qualified individual or entity. HUD doesn’t name a structural engineer, but in practice that’s usually who writes the letter.

Three ways to sell

Option Works well when Watch for
Repair before listing You want the widest pool of buyers and loan types Permit and engineer timing; get the final report before you list
Disclose and price it in, or offer a credit The problem is modest and well documented Buyers will want their own engineer and a repair quote
Sell as-is You need speed or can’t fund a repair Cash buyers price in the repair and their risk

Whichever you choose, a written repair plan from a contractor and, for a large job, an independent engineer’s opinion give you a number to negotiate around instead of a buyer’s guess.

Records that help a sale

If the house has been repaired, gather:

  • The repair contract and pier drawing, showing what was done and where.
  • The city permit, with its number and final inspection. In McKinney, a repair permit requires an engineer’s letter to open and a final engineer’s report to close; Frisco and Plano also involve an engineer. The permit guide covers each city.
  • The engineer’s letter and final report. One DFW contractor notes that a structural engineer’s report gives the owner, and a future owner, some degree of security.
  • After-repair elevation readings, and any later survey showing the house has stayed put.
  • Plumbing test results from before and after the lift.
  • The warranty, with its transfer terms and any fee.

A repair without a permit can surface at the worst moment, when a buyer’s inspector asks for it. If you’re missing documents, the city’s permit records and the contractor may have copies.

If you’re repairing to sell

Repair timing is the main constraint. In McKinney, Frisco and Plano the engineer’s documents come before the permit, and the work and final report come after, so start early. The inspection page explains what a contractor’s inspection and an engineer’s report each give you, and the cost page shows typical prices.

Don’t count on insurance to fund it. Texas policies usually exclude settling and soil movement; the insurance guide explains the plumbing-leak exception.

Want a contractor to look at it? Call to schedule an inspection.

Common questions

Is it illegal to sell a house with foundation issues?

No. Texas lets you sell a house in any condition, but Property Code §5.008 requires most sellers of a single-family home to give the buyer a written disclosure notice, and TREC's form asks about known defects in the Foundation/Slab(s) and any Previous Structural or Roof Repair. Hiding a known problem is what creates legal risk.

Do foundation repairs devalue a home?

We haven't found a reliable public study that measures it in Collin County. What buyers discount is uncertainty: an unexplained crack invites a low offer, while a permitted repair with an engineer's final report, after-repair readings and a transferable warranty answers most of their questions.

Should I fix the foundation before selling?

It depends on the buyers you expect. Some lenders and many buyers balk at an unrepaired foundation, so repairing first widens the pool, and the paperwork becomes a selling point. Selling as-is with a price adjustment or credit is faster but usually attracts investors and cash buyers. Get a written repair plan either way, so you know the number you're negotiating against.

Does a foundation repair warranty transfer to the buyer?

Only if the warranty says so. Terms are set by the contractor: some transfer at no charge, some for a fee, some within a set window after closing, some not at all. One DFW contractor, for example, charges a one-time warranty transfer fee. Find the original warranty and follow its transfer steps before closing.

Sources

  1. Texas Property Code Section 5.008 – Seller's Disclosure of Property Condition (texas.public.law)
  2. TREC NO. OP-H SELLER'S DISCLOSURE NOTICE (09/19) (trec.texas.gov)
  3. 22 Tex. Admin. Code § 535.228 - Standards of Practice: Minimum Inspection Requirements for Structural Systems (law.cornell.edu)
  4. 22 Tex. Admin. Code § 535.227 - Standards of Practice: General Provisions (law.cornell.edu)
  5. FPA-SC-13-1 Guidelines for the Evaluation of Foundation Movement for Residential and Other Low-Rise Buildings (thefpa.wildapricot.org)
  6. TREC 48-1 Addendum for Authorizing Hydrostatic Testing (trec.texas.gov)
  7. FHA Single Family Housing Policy Handbook 4000.1 (hud.gov)
  8. Is An Engineers Report Required For Foundation Repair? | HD Foundations (hdfoundationrepair.com)
  9. Lifetime Foundation Warranty | HD Foundations (hdfoundationrepair.com)

Schedule a foundation inspection

Call to schedule, or send a request. The foundation contractor serving your area confirms a time to inspect.

Call to Schedule an Inspection(972) 382-9048

Work is done by independent local contractors. Pricing and availability are set by the contractor serving your area.

  1. Call or request an inspection.
  2. A local foundation contractor confirms a time.
  3. They inspect, measure and explain what they find.
  4. You get a written repair plan and price before any work starts.

Request an Inspection

Call to Schedule Request an Inspection