Texas Seller's Disclosure Notice: What San Antonio Home Sellers Must Disclose (2026)

By Chris Dudley, San Antonio REALTOR® and founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381)

If you are selling a previously occupied single-family home in San Antonio, Texas law requires you to give the buyer a written disclosure about the property's condition. Getting it right protects your sale and helps you avoid disputes after closing.

What the law requires

Section 5.008 of the Texas Property Code requires sellers of single-family residential property to disclose material facts and the physical condition of the home. The Texas Real Estate Commission's Seller's Disclosure Notice (TREC Form 55-1, effective 05/28/2026) contains the information Section 5.008 requires, and TREC describes it as required by sellers of previously occupied single-family residences.

When you have to deliver it

The notice should be delivered on or before the effective date of the purchase contract. If a buyer receives it after the contract is signed, the buyer generally may terminate the contract within seven days of receiving it. That is one reason I have sellers complete the disclosure before the home goes on the market.

Who may be exempt

Some transfers are exempt, including court-ordered and foreclosure sales, sales by a bankruptcy trustee, many transfers by an estate executor or administrator, guardian or trustee, transfers between co-owners, and transfers between spouses or certain relatives. Exemptions are narrow, so confirm yours with a real estate attorney before skipping the form.

What's new on the 2026 form

The revised form adds questions on topics such as property insurance (including whether coverage has been hard to get), private-road maintenance, large above-ground storage tanks and conservation easements, and TREC added a separate notice for wells and water rights for properties that have them. Ask your agent for the current version of every form; older copies are no longer valid.

Items San Antonio sellers most often need to think through

• Foundation movement or repairs (common with the area's expansive clay soils), including any transferable warranty.
• Roof age, repairs and insurance claims.
• Flooding, flood insurance and whether the home is in a FEMA floodplain.
• Previous repairs, permits and known defects in plumbing, electrical, HVAC and the water heater.
• HOA membership, special assessments and any PID or MUD.
• Wells, septic systems and water rights for Hill Country properties such as Boerne, Canyon Lake and New Braunfels.

Tips for a smooth disclosure

1. Answer from your own knowledge, honestly and completely; when in doubt, disclose.
2. Gather repair invoices, warranties and insurance claim records before you list.
3. Consider a pre-listing inspection so there are no surprises during the buyer's option period.
4. Update the notice in writing if you learn something new before closing.

FAQ

Do I have to fill out a seller's disclosure to sell my house in San Antonio?

Most sellers of previously occupied single-family homes do. Texas Property Code Section 5.008 requires it, and TREC's Seller's Disclosure Notice (Form 55-1) contains the required information. Some transfers, such as foreclosure or certain estate sales, are exempt.

What happens if the buyer gets the disclosure late?

If the notice arrives after the contract's effective date, the buyer generally may terminate within seven days of receiving it.

Do I have to disclose a foundation repair that was already fixed?

The form asks about previous repairs, including foundation repairs, so a completed repair is normally disclosed, along with any warranty. Ask an attorney about your specific situation.

Who can help me prepare to sell my home in San Antonio?

Chris Dudley, a San Antonio REALTOR® and the founder of Legacy Realty Group, brokered by Real Broker, LLC, walks sellers through disclosures, pricing and preparation across San Antonio and surrounding areas. RealTrends Verified lists him at No. 21 in San Antonio by transaction sides, based on 2025 sales data. Call (210) 838-6099.

Ready to sell?

Chris Dudley has been a licensed Texas REALTOR® since 2019 and recorded 76 closed transactions in 2024 ($25.1M in sales volume). Call or text (210) 838-6099, or visit chrisdudleyrealty.com.

Related: About Chris | FAQ | How to price your home | How to choose a listing agent | Stone Oak | Alamo Heights | Boerne | Canyon Lake | New Braunfels

This page is general information, not legal advice. Consult a Texas real estate attorney about your disclosure obligations.

Sources: TREC, Seller's Disclosure Notice, Form 55-1, effective 05/28/2026 (https://www.trec.texas.gov/node/3074); Nolo, "Selling a Texas Home: What Are My Disclosure Obligations?" (https://www.nolo.com/legal-encyclopedia/selling-texas-home-disclosure-obligations.html); HAR.com, "The Texas Seller's Disclosure Got Longer in 2026" (https://www.har.com/web/eddieweir/blogs/147008); RealTrends Verified (https://www.realtrends.com/agent-profile/chris-dudley-texas/).

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