Sellers Disclosure Texas: A San Antonio Seller's Guide

Key takeaways

• Complete the notice early: delivery is due on or before the contract's effective date under Section 5.008(f).
• Use your knowledge, not guesses: the TREC notice covers known conditions when you sign, including prior repairs and flood history.
• Check the exception carefully: an as-is sale or never living in the home is not a listed statutory exemption. Review Section 5.008(e) and Texas REALTORS' guidance.
• Keep other paperwork separate: water-rights disclosures and lead-paint disclosures can have their own requirements.

Texas seller's disclosure: what the notice covers

A disclosure gives a buyer a written starting point for understanding a home's condition. Texas Property Code Section 5.008 generally requires a notice for residential real property containing no more than one dwelling unit, subject to its exceptions. It permits the statutory notice or a substantially similar notice containing all required items. This statewide rule applies to a qualifying home sale in San Antonio or elsewhere in Bexar County.

The TREC notice asks about equipment, known defects, drainage, structural or roof repairs, termite history, flood events, insurance, alterations and other property matters. It describes the seller's knowledge as of signing; it is not a warranty. Read the whole form, including the explanations beneath individual questions, rather than treating it as a series of boxes to rush through.

This guide is general real estate education. A Texas real estate attorney should address legal interpretation and transaction-specific exceptions; inspectors and qualified contractors should address technical conditions. Bel coordinates the listing process, while you supply your own factual answers.

When is the notice due, and what happens if it is late?

Under Section 5.008(f), the seller must deliver the notice on or before the effective date of the contract. If the contract is entered into without the required notice, the buyer may terminate for any reason within seven days after receiving it. This is a disclosure-related right; do not confuse it with an independently negotiated option period.

Texas REALTORS' contract guidance also explains that, under the resale contract, a buyer who never receives the required notice may terminate before closing and receive the earnest money back. The signed contract and the circumstances matter. Ask an attorney or your transaction professional to review the actual delivery record rather than calculating a deadline from this article.

A practical preparation sequence

1. Before listing: obtain the current form and collect your property records.
2. Before signing: answer the questions yourself, identify uncertainty and attach factual explanations where needed.
3. When an offer arrives: coordinate delivery and retain the signed notice, attachments and evidence of receipt.
4. Before closing: bring newly learned condition information to your agent and attorney promptly.

The buyer's signature acknowledges receipt of the notice rather than agreement to a separate contract, according to Texas REALTORS' receipt guidance. Keep a clear record of what version and attachments were delivered.

Which sales are exempt from the disclosure notice?

Section 5.008(e) lists specific exempt transfers. These include court-ordered and foreclosure transfers; bankruptcy-trustee transfers; certain transfers to or by mortgage lenders; qualifying fiduciary transfers during estate, guardianship, conservatorship or trust administration; co-owner transfers; certain transfers to spouses or lineal relatives; qualifying divorce-related transfers; governmental transfers; new, never-occupied residences; and property where the dwelling's value does not exceed five percent of the property's value.

Inherited does not automatically mean exempt. Texas REALTORS' inheritance guidance distinguishes an executor or administrator acting for an estate from an heir who inherited the house and is now selling it. An heir does not receive the fiduciary exemption simply by inheriting. Have a Texas real estate attorney confirm who holds title and in what capacity the seller is transferring the property.

An exemption from this particular notice is not a blanket answer to every disclosure question. TREC says the exceptions for the separate water-rights disclosure differ from those for the property-condition notice.

Use the current TREC form and your own answers

TREC currently lists Seller's Disclosure Notice Form 55-1 with an effective date of May 28, 2026. Download it from the official page instead of reusing an earlier transaction's saved form. The current PDF replaces Form 55-0 and includes additional questions about matters such as conservation easements, insurance availability, private-road maintenance and storage tanks.

Answer according to each question's wording. Some questions provide an unknown option; others ask whether you are aware of a condition. If you genuinely do not know, say so rather than guessing. Texas REALTORS' guidance explains that a seller's knowledge can come from tenant complaints and property-manager reports even when the seller has not recently visited the home.

Your listing professional can coordinate documents and delivery. The answers should be yours. For a legal question about how to respond, consult a Texas attorney; for a technical question, use the appropriate inspector or contractor.

Build a property file before filling in answers

Use a simple folder to bring together what you already know. This is a preparation checklist, not a claim that every listed document is legally required.

• Repairs: roof, foundation, drainage, plumbing and HVAC invoices; permits; warranties; and dated contractor correspondence.
• Past events: records of water intrusion, flooding, fires, termite treatment and insurance claims.
• Earlier documents: the disclosure you received, prior inspection reports and survey materials.
• Property obligations: HOA notices, assessments, leases, maintenance agreements and any relevant legal correspondence.
• Unresolved questions: a separate list of matters needing legal or technical clarification.

The TREC form specifically asks about previous structural or roof repairs, prior termite damage and treatment, and alterations made without necessary permits or outside the applicable building codes. A repaired condition can still be responsive to a question about prior events. Review the wording before assuming a completed repair makes the question irrelevant.

Illustration: explaining a repaired roof leak

Suppose you know a roof leak occurred, a contractor repaired it and you retained the invoice. Organize the date, the affected location, the work performed and the document you have. Describe those facts in the relevant explanation; avoid declaring that the entire roof is defect-free unless you have a sound basis. This is a preparation example, not a client story or a legal template.

San Antonio and Bexar County: flood and condition records

The TREC notice's flood section separately addresses flood-zone location, previous natural-flood water penetration, flood-insurance claims and FEMA or SBA flood assistance. It also asks elsewhere about improper drainage and water damage not caused by a flood event. Do not collapse a plumbing leak, yard-drainage issue and flood event into one vague answer.

For a San Antonio address, the city's Drainage and Flood Information page links flood maps and elevation-certificate resources. Use those resources to organize questions for the relevant floodplain official. A map lookup is additional context; it does not erase known water events or replace your answers about the property.

For a property elsewhere in Bexar County, confirm the governing municipality or county office before relying on a city resource. Keep contractor descriptions, insurance records and your own recollection separate so the source of each statement is clear.

Other disclosures and newly learned information

Lead-based paint for older homes

For most housing built before 1978, EPA explains that federal law requires lead-related information before the buyer signs a contract, including known lead-hazard information, available records, a lead-warning statement and the approved pamphlet. The property-condition notice does not replace that separate process. Ask your transaction professional which documents apply to your home.

Groundwater and surface water rights

TREC's current water-rights FAQ explains that this disclosure may be required by the TREC contract even though it is not a separate statutory requirement. Review the applicable contract and its exception language. A seller exempt from the property-condition notice is not necessarily exempt from the contractual water disclosure.

What if an inspection or repair reveals something new?

Do not ignore new information because the original notice is already signed. Texas REALTORS' guidance on newly learned conditions explains the duty to correct misstatements or false impressions when known material information changes. Discuss the new facts promptly with your agent and attorney, keep the supporting report, and preserve a record of any corrected information delivered.

Common mistakes to avoid

• Guessing dates: identify an approximate age as approximate when you have a basis; do not invent a precise roof or system age.
• Copying an old disclosure: use earlier paperwork to refresh your memory, not to replace current answers.
• Assuming as-is means no disclosure: an as-is sale is not listed among Section 5.008(e)'s exemptions.
• Treating unknown as a shortcut: distinguish genuine uncertainty from information you already received.
• Promising inspection results: the TREC notice does not guarantee condition or replace inspections.

Connect disclosure preparation with your selling plan

Build the disclosure file while planning repairs, presentation and your move. Bel's San Antonio home-selling service helps coordinate the listing process. Read the guide to selling a house in San Antonio for preparation steps, the San Antonio as-is selling guide for condition-related decisions, and the Texas closing costs guide for your next transaction questions.

Bring your records and open questions to a seller consultation with Maribel "Bel" Thanadabouth. Bel serves San Antonio sellers in English and Spanish. Schedule a seller consultation or call (210) 932-3606 to plan your listing and disclosure timeline.