Buying or Selling a House With Foundation Problems in Houston

This page is general information, not a substitute for the advice of an attorney. For what any of this means in your sale, ask a Texas real estate attorney or your real estate agent.

Every sale is different

Each sale turns on its own facts: what moved, why, what was done, and what the paperwork says. Whether a particular deal makes sense for you, and what it means legally, is a question for a Texas real estate attorney or your real estate agent. The rest of this page sticks to what public sources say.

What the Texas seller's disclosure notice lists

Section 5.008(a) of the Texas Property Code says a seller of "residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice" that "contains, at a minimum, all of the items in the notice prescribed by this section." For most items, the notice asks the seller to write whether they are aware of it. Items in that notice that touch foundations include (Texas Property Code §5.008, checked 2026-10-17):

• known defects in the "Foundation/Slab(s)" and "Other Structural Components";
• awareness of "Previous Structural or Roof Repair";
• "Improper Drainage";
• "Landfill, Settling, Soil Movement, Fault Lines";
• room additions, structural modifications or repairs "made without necessary permits or not in compliance with building codes in effect at that time";
• any portion of the property located in "a groundwater conservation district or a subsidence district."

The statute lists transfers it does not apply to, including a transfer "of a new residence of not more than one dwelling unit which has not previously been occupied for residential purposes" (Texas Property Code §5.008(e)(10), checked 2026-10-17). Whether any exception fits a particular sale is a question for a Texas real estate attorney.

The Texas Real Estate Commission's form page lists a Seller's Disclosure Notice, Form ID 55-1, with an effective date of 05/28/2026, and says the form "contains information required to be disclosed by Section 5.008 of the Texas Property Code regarding material facts and the physical condition of the property" (TREC, Seller's Disclosure Notice, checked 2026-10-17). You can read the form itself (PDF) (checked 2026-10-17).

If the notice comes late

The statute says the notice is to be delivered "on or before the effective date of an executory contract binding the purchaser to purchase the property," and: "If a contract is entered without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within seven days after receiving the notice" (Texas Property Code §5.008(f), checked 2026-10-17). How that applies to a given contract is a question for a Texas real estate attorney or your real estate agent.

What the notice is not

Form 55-1 says it is a disclosure of the seller's knowledge of the property's condition as of the date signed, and that it "is not a substitute for any inspections or warranties the purchaser may wish to obtain" (TREC Form 55-1, checked 2026-10-17). TREC also says it "cannot provide legal advice to the public on private contractual matters" and points people using its forms to "a real estate license holder or an attorney for assistance" (TREC, Contracts, checked 2026-10-17).

Questions about a past foundation repair

The Foundation Performance Association (FPA), a Houston-based nonprofit professional organization, published a homebuyers' guide aimed mainly at the greater Houston area. If the foundation was repaired, it suggests asking (FPA-SC-06-0, Homebuyers' Guide for Foundation Evaluation, 2005, checked 2026-10-13):

• why it was repaired, when, by what method, how extensive the work was, and what documentation exists;
• whether there's a warranty, and whether it transfers to a new owner;
• whether the repair company is still in business;
• how long the warranty period is;
• whether a building permit was required and, if so, whether it was obtained.

For newer homes, the guide also suggests asking for the construction schedule showing when the foundation was cast and, on a post-tensioned slab, when the cables were stressed (see post-tension slabs).

What a 2005 guide says about repair warranties

The same guide says repair companies offering a lifetime transferable warranty typically warrant only the work they did and the parts they installed, not the entire foundation. It says there are often limits: most don't cover tile or drywall cracks, and warranties may not cover repairs when movement is caused by uplift, meaning heave (FPA-SC-06-0, 2005, checked 2026-10-13). Read the actual warranty document; terms vary, and the guide dates from 2005. What a warranty means for your sale, including whether and how it transfers, is a question for a Texas real estate attorney or your real estate agent.

Foundation problems in a home inspection: inspector vs professional engineer

FPA's guide recommends that buyers discuss with their inspector whether a professional engineer should do an additional foundation-specific investigation (FPA-SC-06-0, §7.1, 2005, checked 2026-10-13). The guide says an engineer's inspection usually combines an elevation survey with a distress survey, and that a second elevation survey six to twelve months later can show whether movement is ongoing (FPA-SC-06-0, §5, 2005, checked 2026-10-13). You can look up an engineer on the Texas Board of Professional Engineers and Land Surveyors' PE Roster Search (checked 2026-10-13). Our foundation inspection page covers how these visits work.

Not every crack means the foundation moved: the association has a separate paper on distress often wrongly blamed on foundation movement (FPA-SC-03-1, Distress Phenomena Often Mistakenly Attributed to Foundation Movement, checked 2026-10-17). See also signs of foundation problems.

The age of the house matters

FPA's guide says a house about ten years old or more with excessive slope but no significant distress, or with old repairs and no new distress, is likely performing adequately, while the same slope in a newer house with distress could point to ongoing movement. It adds that this call is subjective and is usually made by a professional engineer case by case (FPA-SC-06-0, §6, 2005, checked 2026-10-13).

Selling a house with foundation issues: papers to pull together

The questions FPA's 2005 guide suggests buyers ask cover these records: the repair report and its date and method, the warranty and any transfer terms, the repair company's details, the building permit if one was needed, and any engineer's or inspector's written report (FPA-SC-06-0, 2005, checked 2026-10-13). This is not a disclosure checklist. What you must disclose, and how, is a question for a Texas real estate attorney or your real estate agent. Repair methods are explained on slab foundation repair and pier and beam foundation repair; timing is on how long foundation repair takes; published price ranges are on our cost page.

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Permits in the City of Houston

The Houston Permitting Center says a residential repairs permit is required for repairs that involve the replacement and/or repair of existing structural members and other building elements (Houston Permitting Center, Structural Inspections, checked 2026-10-17). Outside Houston, ask your city.