Texas Seller's Disclosure Notice Explained for San Antonio Home Sellers (2026)

by CHRIS DUDLEY

When I sit down with a homeowner in Alamo Heights, Stone Oak or Converse who is getting ready to sell, one of the first documents we talk about is the Seller's Disclosure Notice. It's a few pages of checkboxes and questions, and it matters more than most sellers expect. If you're selling, it protects you to fill it out carefully. If you're buying, it's one of the best tools you have to learn about a home before your inspection. Here's how it works in plain terms.

What the law requires

Section 5.008 of the Texas Property Code says a seller of residential real property with not more than one dwelling unit must give the buyer a written disclosure notice. The notice has to include, at a minimum, the items the statute lists. The Texas Real Estate Commission (TREC) publishes a Seller's Disclosure Notice form built around those requirements, and it's the form most of us use in San Antonio.

The seller completes the notice "to the best of seller's belief and knowledge" as of the date the seller signs it. If you don't know the answer to a question, the law lets you mark it as unknown, and that counts as compliance. What you should never do is guess, or leave out something you do know.

When the notice is due

Timing is where sellers get tripped up. Under Section 5.008(f), the seller must deliver the notice to the buyer on or before the effective date of the contract. If a contract is signed without the notice, the buyer may terminate the contract for any reason within seven days after receiving the notice.

That's why I have my sellers complete the disclosure before we go live on the market. It's ready to share with every serious buyer, nobody is scrambling after an offer comes in, and the buyer doesn't get a surprise seven-day exit from a contract you thought was settled.

Who doesn't have to give it

The statute lists transfers that are exempt. A few of the most common:

Transfers under a court order or foreclosure sale
Transfers by a fiduciary while administering an estate, guardianship, conservatorship or trust
Transfers from one co-owner to another, or to a spouse or a person in the lineal line of consanguinity of one or more of the transferors
Transfers to or from a governmental entity
A new home that hasn't previously been occupied as a residence

The full list has eleven exemptions, so read Section 5.008(e) or ask a Texas real estate attorney if you think one applies to you. Even when a seller is exempt, buyers usually still ask for whatever information the seller can share.

What's new on the 2026 form

TREC's current Seller's Disclosure Notice is TREC No. 55-1, with an effective date of May 28, 2026, and the footer says it replaces form 55-0. The biggest change is in Section 9, the "Are you (Seller) aware of any of the following?" list. New lines ask whether the seller is aware of:

Conservation easements on the property
Whether the property is presently covered by insurance
Whether the property is presently covered by windstorm insurance
Whether the seller has been unable to insure the property for any reason
A private road on or adjoining the property that the seller is financially responsible for maintaining
Aboveground or underground storage tanks on the property
Aboveground storage tanks that hold 500 gallons or more and have stored petroleum products or other chemicals

If you filled out a disclosure for a sale a few years ago, don't reuse it. Check that every page footer reads "TREC No. 55-1."

Other sections sellers should take their time on

The form also asks about smoke detectors under Chapter 766 of the Texas Health and Safety Code, known defects in items like the roof, foundation, plumbing and electrical systems, and a detailed set of flood questions. Those include whether the property sits wholly or partly in a 100-year or 500-year floodplain, whether you have present flood insurance coverage, whether you've ever filed a flood damage claim with an insurance provider, including the National Flood Insurance Program, and whether you've ever received FEMA or SBA assistance for flood damage. Around San Antonio, where heavy rain can move fast through low areas, buyers read these answers closely.

My practical tips for sellers

Gather your records first: roof age, repair invoices, permits, insurance claims and HOA information.
Answer every question. Write "unknown" only when you truly don't know.
Attach additional sheets when the form asks you to explain. A clear, honest explanation builds trust with buyers.
Update it if something changes before closing, like a new leak after a storm.

My practical tips for buyers

Ask for the disclosure before you write an offer, and read it before you sign the contract.
Share it with your inspector so they know where to look closely.
Remember what the form itself says: it is not a warranty and is not a substitute for inspections.

Thinking about selling or buying in Alamo Heights, Stone Oak, Converse or anywhere around San Antonio? I'm Chris Dudley, REALTOR® (TREC #731381) and founder of Legacy Realty Group, brokered by Real Broker, LLC. Call me at (210) 838-6099 or reach out through https://www.chrisdudleyrealty.com and I'll walk you through the disclosure, line by line, before your home hits the market.

Sources (checked Nov 13, 2026): TREC Seller's Disclosure Notice page (Form ID 55-1, effective 05/28/2026): https://www.trec.texas.gov/forms/sellers-disclosure-notice ; TREC No. 55-1 PDF: https://www.trec.texas.gov/sites/default/files/pdf-forms/55-1.pdf ; Texas Property Code Section 5.008: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm#5.008

This post is general information, not legal advice. Talk with a Texas real estate attorney about your specific situation.

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CHRIS DUDLEY

REALTOR® | Founder, Legacy Realty Group

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