In Texas, most sellers of a previously occupied single-family home have to give the buyer a written Seller’s Disclosure Notice covering the home’s systems, known defects, past repairs, flooding history, and other conditions they know about. It has to be delivered on or before the contract’s effective date, and if it isn’t, the buyer can terminate for any reason within 7 days after getting it. Here’s what Texas Property Code Section 5.008 and TREC’s current form actually require.
Brock Bremmer | U.S. Air Force Reserves Veteran | Real Estate Agent | eXp Realty | San Antonio Metro Area
Buyer and Seller Specialist
Also see: The Texas Option Period | How to Check a Flood Zone | San Antonio Seller’s Guide
Who Has to Give a Seller’s Disclosure in Texas?
Section 5.008 applies to a seller of residential real property with no more than one dwelling unit. In practice, that’s most single-family resale homes in San Antonio, New Braunfels, and Boerne.
The law also lists transfers that don’t need one. A few that come up often:
- Foreclosures: Sales under a court order or foreclosure sale, and sales by a lender that took the home back through foreclosure or a deed in lieu
- Estates and trusts: Transfers by a fiduciary administering an estate, guardianship, conservatorship, or trust
- Family and co-owners: Transfers between co-owners, to a spouse, or to certain relatives, plus transfers under a divorce decree
- Government: Transfers to or from a governmental entity
- New homes: A new residence that has never been occupied
If you’re buying one of those, you may not get a disclosure at all. That makes your inspection even more important.
What Does the Texas Seller’s Disclosure Include?
TREC publishes the standard form, the Seller’s Disclosure Notice (TREC No. 55-1). The current version is dated May 4, 2026, and TREC lists its effective date as May 28, 2026. It covers:
- Items and systems: Appliances, HVAC, plumbing, septic or public sewer, pool equipment, water heater, water supply (city, well, MUD, or co-op), fuel gas piping type, and roof type and age
- Smoke detectors: Whether working detectors are installed under Chapter 766 of the Health and Safety Code
- Known defects: Walls, ceilings, floors, doors, windows, roof, foundation, driveways, plumbing, and electrical
- Conditions: Termites, previous structural or roof repair, improper drainage, soil movement, asbestos, lead-based paint, previous fires, and prior meth manufacture
- Flooding: Floodplain or floodway location, previous flooding, flood insurance, flood claims, and any FEMA or SBA flood assistance
- Other items: Unpermitted additions or repairs, HOA fees, deed restriction violations, lawsuits, insurance coverage, private roads, storage tanks, and conservation easements
- Military installations: A notice that the property may be near a military installation and affected by noise or compatible use zones
The form says it’s a disclosure of the seller’s knowledge as of the date signed. It isn’t a warranty, and it isn’t a substitute for inspections.
When Does the Seller Have to Give It?
Section 5.008(f) says the seller has to deliver the notice on or before the effective date of the contract. If the seller doesn’t, the buyer can terminate the contract for any reason within 7 days after receiving the notice.
For buyers, the best time to read it is before you write the offer. Ask your agent to get it from the listing agent first. It can shape your price, your option period length, and what you have the inspector look at.
What Doesn’t a Texas Seller Have to Disclose?
Section 5.008(c) says a seller and the seller’s agent have no duty to disclose whether a death by natural causes, suicide, or accident unrelated to the condition of the property happened there.
Section 5.008(d) also says the seller completes the notice to the best of their belief and knowledge. If the seller doesn’t know the answer, marking it “unknown” complies with the law. So an “unknown” isn’t automatically a red flag, but it’s a good reason to dig in during your option period.
Why Does the Military Installation Notice Matter in San Antonio?
Item 11 on the form points buyers to the base’s Air Installation Compatible Use Zone (AICUZ) study or Joint Land Use Study for noise and compatible use zone information.
That’s relevant in San Antonio. The City of Universal City, for example, has a JBSA-Randolph AICUZ page explaining how noise levels, Clear Zones, and Accident Potential Zones factor into local planning. If you’re looking near Randolph, Lackland, or Camp Bullis, check the installation’s AICUZ study or Joint Land Use Study for the exact address. My guide to buying near JBSA-Randolph covers the area in more detail.
Do New Construction Homes Come With a Seller’s Disclosure?
Usually not. Section 5.008(e) exempts a new residence of not more than one dwelling unit that has never been occupied. Builders typically use their own purchase agreements instead.
Other notices can still apply on a new build, such as PID or MUD notices under separate statutes. And since there’s no disclosure history, an independent inspection matters more, not less. I cover that in Do You Need a Home Inspection on a New Construction Home in Texas? and in my video 5 Questions You MUST Ask Before Buying a New Construction Home in San Antonio.
How Should Buyers and Sellers Use the Disclosure?
If you’re buying:
- Compare the disclosure with the listing, your inspection, and the appraisal district record
- Ask for receipts, permits, and warranties for any repair the seller lists
- Check flood answers against FEMA’s flood maps for the address
If you’re selling:
- Fill it out yourself, based on what you actually know
- Gather repair invoices, permits, and insurance claim records before you list
- Mark “unknown” when you truly don’t know, rather than guessing
Questions about legal liability belong with a Texas real estate attorney.
Frequently Asked Questions: Texas Seller’s Disclosures
Can a buyer back out if they never got a seller’s disclosure in Texas?
If the seller was required to give the notice and didn’t deliver it by the contract’s effective date, Texas Property Code Section 5.008(f) lets the buyer terminate the contract for any reason within 7 days after receiving the notice.
Do builders have to give a seller’s disclosure on a new home in Texas?
Generally, no. Section 5.008(e) exempts the transfer of a new residence of not more than one dwelling unit that hasn’t been occupied. Other notices, such as PID or MUD notices, may still apply.
Ready to Buy or Sell in San Antonio?
Brock Bremmer with eXp Realty is a U.S. Air Force Reserves veteran who has helped buyers and sellers close 120+ homes across the San Antonio metro. He helps buyers review disclosures and plan inspections and option periods, and helps sellers prepare records before they list in San Antonio, New Braunfels, and Boerne.
- 📞 Call or text: 210-501-5088
- 📧 Email: [email protected]
- 📅 Schedule a free consultation
Also see: Do You Need a New Survey in Texas? | Who Pays for Title Insurance in Texas | Inspections on New Construction
Sources: Texas Property Code Chapter 5 (Section 5.008); TREC, Seller’s Disclosure Notice (TREC No. 55-1); City of Universal City, JBSA-Randolph AICUZ; FEMA Flood Map Service Center.