The Termite Box on Your TREC Disclosure and 3x Damages
What Does Section 4 of the Texas Seller's Disclosure Require About Termites?
Section 4 of the TREC Seller's Disclosure Notice (Form 55-0) asks sellers about four distinct termite-related conditions: active termites, termite or wood rot damage needing repair, previous termite damage, and previous termite treatment. Each is a separate yes/no answer — and most sellers don't realize they're four different questions. In Texas, a knowing failure to disclose a known defect can expose a seller to three times their actual damages under the Deceptive Trade Practices Act, plus attorney's fees. Getting Section 4 wrong isn't a paperwork oversight. It's a liability.
By Caroline Decherd & Susanne Marco | July 15, 2026
Most sellers in Alamo Heights, Terrell Hills, and Olmos Park have owned their homes for years. They've had pest inspections. They've called termite companies. Some have had treatment — a Sentricon system, a liquid termiticide barrier, maybe a tent fumigation decades ago. And when they sit down to fill out the TREC Seller's Disclosure Notice, they check "No" down the termite column.
That's where things start to go wrong.
Section 4 of the TREC Seller's Disclosure Notice isn't one question. It's four separate disclosure obligations — each requiring a separate, honest answer based on what you actually know. And in Texas, the legal exposure for getting them wrong runs in one direction: it gets bigger.
Four Questions, Four Separate Obligations
The exact language from TREC Form 55-0 (the current version, approved September 1, 2023) asks sellers to write Y or N for each of the following conditions:
- Active Termites (includes wood destroying insects)
- Termite or Wood Rot Damage Needing Repair
- Previous Termite Damage
- Previous Termite Treatment
These are not variations on the same question. They're asking about four different things at four different points in time.
"Active Termites" is about right now — evidence of a current infestation. "Termite or Wood Rot Damage Needing Repair" is about current condition — damage that exists and hasn't been fixed. "Previous Termite Damage" is about history — whether damage ever occurred, regardless of whether it's been repaired. "Previous Termite Treatment" is about what was done — whether the property was ever treated by a pest control professional.
A seller who had subterranean termites treated in 2015, had the damaged wood replaced, and has seen no sign of termites since has a clean bill of health today. That's real. But on Section 4, they still owe Y on "Previous Termite Damage" (it happened) and Y on "Previous Termite Treatment" (they treated it). The fact that the problem was handled doesn't erase the disclosure.
This is the most common misread of Section 4 in older San Antonio neighborhoods. Homes in Alamo Heights, Terrell Hills, and Olmos Park were built primarily in the 1920s through the 1950s. That's a century of potential termite activity and treatment history. Many sellers have lived in their homes for 15 or 20 years, had routine pest control service, and genuinely believe "we never had a problem." What they mean is: we didn't have an active infestation when they inspected. That's not the same thing as "Previous Termite Treatment" being No.
For a fuller overview of what Texas's TREC Seller's Disclosure requires across all sections, that context matters here — Section 4 is one piece of a form where every answer counts.
The Mistakes That Create Legal Exposure
The four-question structure creates predictable errors. Here's where sellers get into trouble:
Treating disclosure as current-condition-only. The most common mistake: sellers read "Previous Termite Damage" as "current damage I haven't fixed." They repaired the baseboards in 2018 and think the question no longer applies. It does. The "previous" in that question means the past — not ongoing conditions.
Not knowing what's in their own files. Many sellers have old Wood Destroying Insect (WDI) reports — required by VA and some conventional lenders, or ordered pre-listing in a prior sale. Those reports may document evidence of prior activity, treatment, or damage. If a seller has that report in their file and checks "No" on "Previous Termite Treatment" without reading it, they may already know more than they're disclosing. In Texas, having a document that would have told you something is part of the "belief and knowledge" standard the form holds you to.
Using "Unknown" as a safe harbor. Section 4 allows "Unknown" for things you genuinely can't verify. But courts in Texas look at what a reasonable person in the seller's position would have known. A seller who owned the home for 20 years and had annual pest inspections is going to have a difficult time arguing "Unknown" on treatment history. If you're not sure, the right move is to check your records — not to check a box and hope the question goes away.
Not updating the disclosure if something changes. If the buyer's inspector finds active termite mud tubes during their inspection, and the seller's disclosure said No on Active Termites, the seller has an obligation to update the disclosure before closing. Letting the transaction proceed on a stale, inaccurate disclosure is its own exposure.
The T-47 affidavit and survey process is another area where accurate seller documentation matters — Section 4 follows the same principle: what you sign represents your actual knowledge, not your best-case narrative.
What 3x Damages Actually Means for a Seller
Texas's Deceptive Trade Practices Act (DTPA) applies to real estate transactions. Under the DTPA, a seller who "knowingly" conceals or misrepresents a material defect — where "knowingly" means they were aware of the defect and failed to disclose it to induce the sale — can face:
- Actual damages — the cost to repair the defect, plus diminution in value
- Up to 3x actual damages — tripled on top of actual
- Attorney's fees on top of everything else
The "knowing" standard doesn't require proof the seller intended harm. It requires proof they knew the condition existed and didn't disclose it. In the context of Section 4, that distinction matters: if a seller has a pest control receipt in their email inbox from 2017 showing a termite treatment, and they check "No" on "Previous Termite Treatment," that receipt is evidence of knowing non-disclosure.
What does this look like in dollar terms? Termite damage repair in an older Alamo Heights, Terrell Hills, or Olmos Park home can range from $10,000 to $80,000 or more depending on how long the infestation ran and which structural members were compromised. Termites in sill plates, floor joists, and wall framing behind plaster walls — the kind of damage common in 1930s construction — is expensive to access and repair. Treble that range: $30,000 to $240,000 in DTPA damages, before attorney's fees.
The statute of limitations for a DTPA claim runs two years from when the buyer discovered, or reasonably should have discovered, the non-disclosure. A buyer who moves into a historic Terrell Hills home, has a pest inspection two years later during a renovation, and finds evidence of prior infestation can file a claim at that point — well after closing.
This isn't a remote scenario. Texas courts regularly award DTPA damages in termite non-disclosure cases where sellers had prior knowledge.
What to do before you fill out Section 4:
Pull every document related to pest activity at your property — WDI reports from prior purchases or refinances, pest control service records, repair invoices for wood damage, termite warranty documentation. Read them. Then answer each of the four Section 4 questions separately and honestly. If you had treatment: Y. If there was prior damage, even if repaired: Y. If you genuinely don't know and have no records to check: Unknown — but be prepared to explain why a reasonable person in your position couldn't know.
If there's any ambiguity about how to answer these questions accurately, talk to a real estate attorney before you sign the form. The disclosure is not the place to guess.
This is the kind of disclosure conversation Caroline and Susanne walk sellers through at the start of every listing — before the form is signed, not after. If you're preparing to sell a home in Alamo Heights, Terrell Hills, or Olmos Park and want to talk through what you need to disclose and how, book a call.
Frequently Asked Questions
What is Section 4 of the TREC Seller's Disclosure Notice?
Section 4 of the TREC Seller's Disclosure Notice (Form 55-0) asks sellers to disclose known conditions related to termites and other hazards. The termite-specific questions in Section 4 are four separate yes/no items: Active Termites, Termite or Wood Rot Damage Needing Repair, Previous Termite Damage, and Previous Termite Treatment. Each is a distinct question requiring a separate honest answer.
Do I have to disclose past termite treatment if the problem was fully resolved?
Yes. "Previous Termite Treatment" is a separate item in Section 4 that asks whether the property was ever treated — not whether a current infestation exists. A treatment that occurred years ago and fully resolved the problem still requires a Y. The disclosure obligation tracks what you know about the property's history, not just its current condition.
What is a WDI report and when is it required in Texas?
A Wood Destroying Insect (WDI) report is the official Texas inspection document for termites and other wood-destroying insects, issued by a pest professional licensed through the Texas Department of Agriculture's Structural Pest Control Service. It's separate from a standard home inspection and required by VA loans in Texas. Some conventional lenders require it; sellers sometimes order one proactively before listing. If you have an old WDI report from a prior purchase or refinance, it may contain information relevant to Section 4 that you're expected to disclose.
What does "3x damages" mean if a seller fails to disclose termite damage in Texas?
Under the Texas Deceptive Trade Practices Act (DTPA), a seller who knowingly conceals or misrepresents a known defect to induce a sale can be liable for actual damages — the cost to repair the undisclosed defect — plus up to three times those actual damages, plus the buyer's attorney's fees. "Knowingly" means the seller was aware of the condition and chose not to disclose it. This creates significant financial exposure when termite damage repair costs are high, as they often are in older homes.
Can I check "Unknown" instead of "No" on Section 4 to be safe?
"Unknown" is available for conditions you genuinely cannot verify — but courts evaluate whether a reasonable person in your position would have known. If you lived in the home for many years and had pest control service, checking "Unknown" on treatment history is difficult to defend. A better approach is to pull your records — pest control receipts, prior WDI reports, service warranties — before completing Section 4. Consulting a real estate attorney about how to answer accurately is the right move if there's genuine uncertainty.
About Caroline Decherd & Susanne Marco
Caroline Decherd and Susanne Marco are luxury real estate specialists serving Alamo Heights, Terrell Hills, Olmos Park, and San Antonio's historic central neighborhoods. With deep roots in the community and decades of combined experience, they guide buyers and sellers through one of Texas's most distinctive luxury markets.
This post is general information about Texas real estate disclosure requirements and is not legal advice. Sellers with questions about their specific disclosure obligations should consult a licensed Texas real estate attorney.
