Can you get homeowners insurance on an older Fort Worth home?
In Texas an insurer may not decline to write residential property insurance because of the age of the house — 28 Texas Administrative Code § 21.1006 has prohibited that since 1997 — but it may decline based on the physical condition of the house or its components, and that carve-out names roofing. Since June 15, 2026, the Texas REALTORS® Seller’s Disclosure Notice has carried a new Section 5 asking whether the seller “has been unable to insure the Property for any reason,” plus separate sections on prior claims and on claim money never spent on the repairs. The only reliable way to know whether a specific address can be insured, and at what cost, is a written quote on that address during your option period.
By Eric Duran, The Fort Real Estate | October 23, 2026
Here’s the deal that haunts agents in this market. The inspection comes back fine, the appraisal supports the price — and then the buyer’s insurance quote lands four figures above the lender’s estimate, or doesn’t land at all, because a carrier looked at a twenty-two-year-old roof in 76116 and declined to write it. No insurance means no loan, and no loan means no closing. By then the option period is usually gone.
What the 2026 forms ask — and which one you get matters
Two Seller’s Disclosure Notices are in circulation in Texas, and I’ve covered the difference between the two forms before. On insurance, the gap is wider than most people realize.
The Texas REALTORS® form, TXR-1406, dated 06-15-26, now gives insurance and water five sections:
- Section 5 — Insurance. Four yes-or-no lines: presently covered by insurance, by flood insurance, by windstorm insurance, and the one with teeth — “You (Seller) have been unable to insure the Property for any reason.”
- Section 6 — Insurance claims. Whether the seller has “ever filed a claim for any damage to the Property with any insurance provider.”
- Section 7 — Insurance proceeds not used for repairs. Whether proceeds were received “and not used the proceeds to make the repairs for which the claim was made.”
- Sections 8 and 9 — Flood and water. Previous flooding, floodplain and floodway status, and any FEMA or SBA flood payout.
TREC’s form, No. 55-1, dated 05-04-2026 and effective May 28, 2026, carries the coverage lines and the unable-to-insure line too. But it asks only about a claim for flood damage, and it has no equivalent of Section 7 at all.
Read that again if you’re buying here. In Tarrant County the claim that matters is almost never flood — it’s wind and hail. On the TREC form the hail-claim question simply isn’t asked, and neither is the one about claim money never spent on the repairs. Which form arrives changes what you learn about the roof over your head.
An old roof isn’t the problem. A worn-out roof is.
This is the most misunderstood thing in the subject, and it costs people money on both sides of the table. 28 Texas Administrative Code § 21.1006 has been on the books since September 1, 1997, and was amended in November 2021. An insurer “may not decline to write residential property insurance based on the age of the property sought to be insured,” nor on a minimum property value.
But the same subsection holds the carve-out that does the real work: the prohibition “does not prohibit an insurer from declining to write coverage based on physical conditions of the property, including wiring, heating, air conditioning, plumbing, and roofing.”
Notice where roofing sits. Not in the protection — in the exception. That’s why buyers in Arlington Heights, Ridglea and Tanglewood keep hearing “it’s the roof” and conclude the year the house was built disqualified them. It didn’t. Condition did.
The Texas Department of Insurance is tightening this. On September 29, 2026 it proposed amendments extending the age prohibition to the property’s “individual components or materials,” naming siding and roofing among others. It is not law yet: the proposal sits under Docket No. 2874, with a hearing on November 3, 2026 and comments closing November 9 — and it preserves the condition carve-out. The headline that Texas banned insurers from using roof age is ahead of the rule, and narrower than it sounds.
TDI’s consumer guidance describes how carriers behave in the meantime: “As roofs age, some companies will switch to actual cash value,” and “if your roof is in poor condition, your company might not cover your roof at all.” Then the line every seller should read twice — “your insurance company won’t pay for a new roof just because it’s old or worn out.”
That puts the component-by-component math on mid-century Fort Worth housing stock in a different light. It isn’t only what the roof and the panel and the drain line cost to replace — it’s whether their condition is what a carrier uses to say no.
The weather is why any of this is tense. TDI reports insurers paid $8.74 billion on Texas homeowners claims in 2025, with wind and hail averaging 62% of losses since 2019. In a September 2025 report, NBC 5 covered a Fort Worth homeowner non-renewed on one of two homes he insured six miles apart — no claims on that house, a roof he called good. The notice said the property “is located in an area with high wind and hail exposure.” TDI non-renewal complaints, per the same report, rose from 79 in 2023 to 190 in 2024. Sometimes it isn’t your roof; it’s your map square.
What to do during your option period
The option period is your only real window, because the TREC contract gives you no insurance contingency. The sequence I walk clients through:
- Get a written quote on the actual address. Your lender’s estimate is a placeholder. A quote tied to the address, the roof’s age and material, and the claim history is the only number that means anything.
- Ask the seller for the CLUE report. TDI says a Comprehensive Loss Underwriting Exchange report “shows the claims filed for any house or car for the past seven years” and lists them “even if you weren’t the owner at the time.” It follows the house, not the owner, and TDI tells buyers outright that you “can ask the owner to show you a CLUE report for the property.”
- Read Sections 6 and 7 together, then ask for the paperwork. Texas Insurance Code § 544.353 shows why it matters: an insurer generally can’t use a prior water-damage claim for rating or underwriting where it was “properly remediated” and the remediation “inspected and certified” by someone experienced in that work. Documentation is worth money — the same logic behind which repairs protect your price when you sell.
- Check the flood answers against the map yourself. Sections 8 and 9 are the seller’s awareness. FEMA’s map is the record, and zones are drawn parcel by parcel.
- If you’re declined, get the reason in writing. House Bill 2067 took effect March 1, 2026 and requires a written statement of the reason for a declination, cancellation or non-renewal, rather than only on request. It also added Insurance Code § 551.006, under which insurers report those reasons to TDI quarterly, by ZIP code.
And the thing almost nobody tells a buyer: the policy you bind at closing isn’t settled for sixty days. Under Insurance Code § 551.104, a homeowners policy in force less than sixty days can be cancelled where the insurer identifies an undisclosed, unclaimed condition that increases the hazard, or rejects a qualifying inspection report — and a report counts as accepted unless rejected within ten days. Carriers do order post-bind inspections. That’s the best argument for sellers answering Sections 5, 6 and 7 carefully and attaching the explanation.
If the answer comes back no
If at least two licensed Texas carriers decline the home, you may be eligible for the Texas FAIR Plan Association, the state’s provider of last resort, authorized by the Legislature in 1995. TDI calls it “limited coverage” and means it — a dwelling limit up to $1,000,000. It does cover wind and hail here, since Tarrant County sits outside the coastal catastrophe area where that coverage is excluded. A real option, not a comparable substitute. For a non-renewal rather than a declination, the carrier must give you sixty days’ notice; TDI’s advice is to start shopping at once and use HelpInsure.com for sample rates.
One correction on impact-resistant roofing, because the local shorthand is wrong. You’ll read that Texas law requires carriers to discount it. TDI’s own page says qualifying materials are classified Class 1 through 4, that Class 4 “would receive the highest premium credit,” and that the discount amount “is established by the insurance company.” It cites no statute. Worth asking about; not worth assuming.
There is time to do this properly — Tarrant County ran a median 52 days on market in September 2026, per Redfin. What no seller can afford is a deal that dies in week four over a question that was answerable in week one.
Frequently Asked Questions
Can an insurer in Texas refuse to cover my home because of its age?
No. 28 Texas Administrative Code § 21.1006 bars declining residential property insurance based on the age of the property or a minimum property value. It does allow a carrier to decline on the physical condition of the house or its components, specifically including roofing — which is where most declinations actually live.
Did Texas ban insurers from using roof age in 2026?
Not yet. TDI proposed amendments to § 21.1006 on September 29, 2026 extending the age prohibition to individual components and materials, naming roofing and siding among others. The proposal carried a November 3, 2026 hearing and a November 9 comment deadline, and it preserves the physical-condition carve-out. Check TDI for current status.
What does “unable to insure the Property” mean on a Texas Seller’s Disclosure?
It’s a line in Section 5 of Texas REALTORS® form TXR-1406, effective June 15, 2026, asking the seller whether they have been unable to insure the property for any reason. A “yes” requires an explanation. Treat it as a signal to get your own written quote on the address and to ask what the carrier’s stated reason was.
How do I find out if a Fort Worth house has had insurance claims?
Ask the seller for a CLUE report. TDI says it shows claims filed on a house for the past seven years, including claims from before the current owner bought it, and tells buyers they can ask the owner for one. Pair it with Sections 6 and 7 of the disclosure notice, and ask for repair documentation on anything that appears.
Why does my Fort Worth disclosure ask about windstorm insurance?
Because the form is used statewide. The Texas Windstorm Insurance Association writes wind and hail coverage in fourteen coastal counties and part of Harris County, so a separate windstorm policy is a coastal matter. In Tarrant County wind and hail sit inside the standard homeowners policy, and a “No” there is a normal answer.
Insurability is now a disclosed item on both Texas forms, and it belongs in your first week of due diligence rather than your last. I’m a Realtor, not an insurance agent — what I can do is tell you which questions to ask and in what order, early enough that the answers still change your options. If you’re under contract on a West Fort Worth home, reach me at 817-703-1333. Or text me if that is easier.
About Eric Duran
Eric Duran is the founder and Realtor behind The Fort Real Estate, a boutique brokerage in Fort Worth, Texas. A former firefighter and paramedic, he’s guided buyers and sellers across West Fort Worth since 2020 — from TCU, Colonial, and Tanglewood to Ridglea, Arlington Heights, and the new builds out in Aledo. He has been recognized as a Fort Worth Real Producers Top Agent in 2025 and 2026, a list ranked by MLS sales volume and limited to the top 1,000 agents in the market, and was featured in the magazine as an “Agent on the Rise” in May 2025. Reach Eric at 817-703-1333 or thefortre.com.
This article is general information about Fort Worth property and process, not legal or insurance advice. Eric Duran is a licensed Texas Realtor and is not an attorney, an insurance agent, or a home inspector. Coverage, eligibility, premiums and deductibles depend on the property and the carrier — verify anything address-specific with a licensed insurance agent, your lender, and where appropriate your own attorney.