Groundwater & Surface Water Rights Disclosure

Effective July 1, 2026 | TREC Form 61-0 | TREC Form 61-1 | Contract Paragraph 7, Section I

This is a new disclosure requirement and there may be some initial confusion around how it is handled in practice. While the Austin real estate industry has not yet established a clear norm around groundwater and surface water disclosure, agents should follow the guidance below until one develops.

At the Time of Listing

Talk to your seller about the new TREC Form 61-0 groundwater disclosure. Depending on the property's location and complexity, this disclosure may be highly relevant to your seller. While we cannot require sellers to complete it, having a completed 61-0 on file to publish alongside the Seller's Disclosure Notice is strongly recommended. It simplifies the transaction and reduces risk downstream.

When You Receive an Offer

If a buyer's agent submits an offer and selects Paragraph 7, Section I, Box 2 on the contract, the seller may face additional termination risk if they fail to provide the groundwater disclosure. As a best practice, if you receive a contract with Box 2 checked:

• Amend the contract to select Box 1 and provide the 61-0 disclosure, OR

• Amend the contract to select Box 3, if the property meets that requirement

Bottom Line

Get ahead of this at listing. A proactive conversation with your seller about Form 61-0 is far easier than navigating a buyer's termination right mid-contract.