Published: March 14, 2026

Category: Texas Real Estate | Water Well Compliance

Tags: TREC Form 61-0, water well disclosure, Texas home sellers, real estate compliance

If you own property in Texas with a water well and you are planning to sell, there is a new form you need to know about. TREC Form 61-0 is the Texas Real Estate Commission’s mandatory water well disclosure form, and it has changed how sellers, buyers, realtors, and title companies handle well-related information during a real estate transaction.

This article breaks down what the form requires, who it affects, and what happens if you skip it.

What Is TREC Form 61-0?

TREC Form 61-0 is the official Water Well Disclosure Notice issued by the Texas Real Estate Commission. It requires sellers of property that includes a water well to disclose specific information about that well before closing. The form is not optional. If your property has a well, the disclosure must be completed and provided to the buyer.

Texas has long had general seller disclosure requirements, but the adoption of Form 61-0 created a standardized, well-specific process. Before this form existed, well information might get buried in general property disclosures or overlooked entirely. Now there is a dedicated document that puts water well details front and center.

The form applies to all types of wells on residential and rural properties, including domestic water supply wells, irrigation wells, and even abandoned or plugged wells. If a well exists on the land, it must be disclosed.

Who Does This Affect?

The short answer: everyone involved in a transaction where a well is present.

Sellers carry the primary responsibility. You must complete Form 61-0 accurately and deliver it to the buyer before closing. If you are unsure about the details of your well, you are still responsible for gathering that information. “I didn’t know” is not a shield against liability.

Buyers benefit most directly. The disclosure gives them documented information about the well’s location, age, depth, condition, and current status. This helps buyers evaluate the property and negotiate accordingly. If the well is in poor condition or improperly plugged, buyers deserve to know that before they sign.

Real estate agents have an obligation to ensure their clients understand and comply with the disclosure requirement. A listing agent who helps a seller skip the form creates exposure for themselves, not just their client. Buyer’s agents should be verifying that a completed Form 61-0 is present in the transaction package when a well is on the property.

Title companies are increasingly reviewing disclosure compliance as part of the closing process. While the title company is not responsible for the accuracy of what the seller discloses, a missing form can delay or complicate a closing.

What Must Be Disclosed?

TREC Form 61-0 asks sellers to provide detailed information across several key categories.

Well location. The seller must identify where on the property the well is located. This includes proximity to septic systems, property lines, and structures. Distance between a well and a septic system matters for water quality and regulatory compliance.

Well depth. The depth of the well is required. Shallow wells behave differently than deep wells, and depth affects both the quality and reliability of the water supply.

Well condition. Is the well currently in use? When was it last inspected or serviced? Are there known issues with the casing, pump, or water quality? The form asks sellers to describe the operational condition of the well to the best of their knowledge.

Plugging status. If there is an abandoned well on the property, the form requires disclosure of whether it has been properly plugged in accordance with Texas Commission on Environmental Quality (TCEQ) standards. An unplugged abandoned well is a liability. It can contaminate groundwater and expose the property owner to regulatory fines.

Water quality. Sellers must note whether any water quality testing has been done and what the results showed, if available. This does not require the seller to commission new testing, but if testing exists, it must be disclosed.

What Are the Penalties for Non-Compliance?

Failing to complete and deliver TREC Form 61-0 when required is not a minor oversight.

For sellers, non-disclosure can result in the buyer rescinding the contract, pursuing damages after closing, or filing a complaint with TREC. Courts have found sellers liable for repair costs, remediation expenses, and consequential damages when well defects were known but not disclosed.

For real estate agents, a failure to ensure proper disclosure can lead to TREC license sanctions, including fines, suspension, or revocation. Agents are held to a standard of professional competence, and that includes knowing which forms are required for a given transaction.

Beyond the legal exposure, undisclosed well problems tend to surface during inspections or after closing. When they do, the transaction gets complicated fast. It is far better to disclose known issues upfront and let buyers make informed decisions.

Practical Steps for Sellers

If you are preparing to list a property with a water well, here is how to get ahead of the disclosure requirement.

First, locate any documentation you have on the well. This includes driller’s logs, permits, previous inspection reports, and water quality test results. Texas law requires well drillers to file completion reports with the TCEQ, so official records may be available even if you do not have them in hand.

Second, get a current well inspection if the well has not been evaluated recently. An inspection will confirm the physical condition of the pump, casing, and pressure system. It can also flag water quality issues before they become deal-killers.

Third, research any abandoned wells on the property. If you know of an old well that was never plugged, address it before listing if possible. Plugging a well properly costs money, but it is far less expensive than the liability that comes with leaving it open.

Fourth, complete Form 61-0 accurately and completely. Do not leave sections blank unless the question genuinely does not apply. Vague answers invite scrutiny.

How TurnkeyWells.com Helps with Compliance

TurnkeyWells.com provides well data reports pulled directly from TCEQ records for properties in Texas. If you need to know whether a well completion report was filed for your property, what depth was recorded, or whether any permits are associated with the land, TurnkeyWells.com can pull that information fast.

For sellers who have limited documentation on their well, a TurnkeyWells report gives you a starting point grounded in official state records. For buyers, it provides independent verification of what the seller has disclosed. For realtors and title companies, it is a quick due diligence tool that can confirm or surface well information before closing.

Well compliance does not have to be complicated. The records exist, and TurnkeyWells.com makes them accessible. If you are preparing for a transaction that involves a water well, visit TurnkeyWells.com to run a property report before the disclosure deadline becomes a problem.

*TurnkeyWells.com provides well data research and reporting for Texas properties. This article is for informational purposes and does not constitute legal advice. Consult a licensed real estate attorney for guidance specific to your transaction.*