What Does TREC Form 61-0 Require Sellers to Disclose About a Water Well?

TREC Form 61-0 contains a section specifically addressing the property’s water supply, well condition, and any other on-site water systems. Understanding exactly what sellers must disclose — and what they legally can leave as “Unknown” — helps both buyers and sellers navigate the transaction correctly.

The Seller’s Disclosure Standard in Texas

Texas’s disclosure standard is actual knowledge — sellers must disclose material defects they actually know about. They are not required to investigate, hire inspectors, or test systems before selling. But they cannot conceal or misrepresent known defects.

This standard means:

• A seller who has never had the well tested and genuinely doesn’t know the water quality can answer “Unknown”
• A seller who received a water test showing elevated arsenic two years ago must disclose it, even if they later installed a treatment system
• A seller who knows the pump is failing and continues pumping water every day cannot claim ignorance

Well-Related Disclosures Required on Form 61-0

The current version of TREC Form 61-0 asks sellers to disclose the following about their water supply and well:

Water Source

• Whether the property is served by a public water utility, a private well, or another source (cistern, hauled water, shared well)
• Whether there are any known limitations on water use imposed by a Groundwater Conservation District (GCD) permit or water right

Well Condition and History

• Known defects in the water well, pump, pressure system, or wellhead
• Prior repairs or replacements to the pump, casing, pressure tank, or other well components
• Whether the well has ever failed to produce adequate water supply
• Known issues with water pressure or flow rate

Water Quality

• Any known contamination of the well water supply
• Whether a water treatment or filtration system is present and whether it has been operating properly
• Prior water quality test results showing problems (bacteria, nitrates, arsenic, etc.)
• Whether the property participates in or has ever failed a required water quality inspection program

Abandoned and Unused Wells

• The presence of any abandoned or unused wells on the property (domestic, irrigation, or otherwise)
• Whether any unused wells have been properly plugged or decommissioned per TDLR requirements

Consequences of Non-Disclosure

Failing to disclose known material well defects can expose the seller to:

• Rescission of the sale — the buyer may seek to undo the transaction
• Damages — the buyer can sue for the cost of repairs, remediation, and consequential damages
• TREC disciplinary action if a licensed agent was involved in concealing the defect
• Fraud liability if the concealment was intentional

Texas courts have upheld buyer claims based on non-disclosure of well contamination, chronic pump failure, and the presence of undisclosed abandoned wells.

For Sellers: Best Practices

Sellers can protect themselves by:

1. Answering every question honestly based on actual knowledge — not guessing, not minimizing
2. Attaching prior water test results, pump service records, or well completion reports to the disclosure
3. Disclosing old issues even if resolved — a past contamination event that was treated should be disclosed along with documentation of remediation
4. Consulting an attorney before closing if there are known significant defects and disagreements about how to handle them

A complete, honest disclosure protects sellers from future claims just as much as it informs buyers.