What Must Sellers Legally Disclose About a Property in Texas?

When selling a home in Texas, what you don’t disclose can be just as important as what you do. Seller disclosure issues are one of the most common causes of real estate disputes, lawsuits, and delayed closings. Understanding your legal disclosure obligations can help protect you from costly claims after the sale.

Why Seller Disclosures Matter

Texas law requires sellers to provide buyers with truthful, written disclosures about the condition of a property. These disclosures are designed to give buyers a clear picture of what they’re purchasing and to prevent fraud, misrepresentation, or surprise defects after closing.

Failing to disclose known issues can expose a seller to damages and legal action, even after the sale is complete.

The Texas Seller’s Disclosure Notice

Most residential sellers must complete the Texas Seller’s Disclosure Notice under the Texas Property Code. This form covers a wide range of property conditions and is typically required for single-family homes and residential properties.

Common Items Sellers Must Disclose

1. Known Structural or Mechanical Defects

• Foundation problems

• Roof leaks or damage

• Plumbing, electrical, or HVAC defects

• Drainage or flooding issues

If you know about the issue—even if you repaired it—it generally must still be disclosed.

2. Water Damage and Flooding History

• Previous flooding

• Water intrusion

• Whether the property is located in a floodplain

• Prior insurance claims related to water damage

Flood-related non-disclosure is one of the most litigated real estate issues in Texas.

3. Environmental and Health Hazards

This includes known issues such as:

• Mold

• Termites or wood-destroying insects

• Radon or asbestos (if known)

• Lead-based paint (required for homes built before 1978)

You are not required to test for these—but you must disclose if you already know.

4. Legal Issues Affecting the Property

Sellers must disclose legal matters that affect ownership or use, including:

• Boundary disputes

• Easements

• Encroachments

• HOA restrictions or violations

• Pending lawsuits involving the property

These issues can impact title, financing, and future resale.

5. Previous Repairs and Insurance Claims

Major repairs—especially those tied to insurance claims—should be disclosed. Buyers often view undisclosed repairs as red flags, even if the work was completed properly.

What Happens If a Seller Fails to Disclose?

Failure to properly disclose can lead to:

• Breaches of Contract

• Lawsuits for fraud or misrepresentation

• Costly repairs paid by the seller after closing

• Court-ordered damages and attorney’s fees

  
  

Many sellers assume disclosures are “just paperwork”—but legally, they are protective documents when completed accurately.

How a Real Estate Attorney Can Help

A real estate attorney can:

• Review disclosure forms before listing

• Identify legal risks tied to the property

• Address known defects properly

• Help sellers avoid future disputes

If you’re unsure whether something should be disclosed, the safest answer is usually yes—or consult an attorney first.

Final Thought

Seller disclosures aren’t about scaring buyers—they’re about transparency and legal protection. Proper disclosure can make your transaction smoother, safer, and far less likely to end in a dispute.

If you’re selling property in Texas and want to ensure your disclosures are handled correctly, consulting a real estate attorney early can save you time, money, and stress later.

Frequently Asked Questions About Seller Disclosures in San Antonio & Bexar County

What must a seller disclose in Texas?

In San Antonio and Bexar County, sellers are generally required to complete a Seller’s Disclosure Notice outlining the condition of the property. This includes known issues with the structure, systems, and any past problems such as water damage, foundation issues, or repairs.

Is a Seller’s Disclosure Notice required in Texas?

Yes, most residential property sales in San Antonio and throughout Texas require a Seller’s Disclosure Notice. However, there are some exceptions, such as certain estate sales, foreclosures, or transfers between family members.

What happens if a seller fails to disclose a problem?

If a seller in Bexar County fails to disclose known defects, they may be held legally responsible. Buyers in San Antonio may have the right to seek damages or take legal action if undisclosed issues are discovered after closing.

Do sellers have to disclose past repairs in Texas?

Yes, sellers in San Antonio should disclose known repairs, especially if they relate to significant issues like foundation movement, roof damage, plumbing problems, or prior flooding.

Are sellers required to disclose deaths on a property in Texas?

In Texas, including San Antonio and Bexar County, sellers are generally not required to disclose deaths on a property unless the death was related to the condition of the property or involved a violent incident.

Do sellers have to disclose flooding or water damage?

Yes. Sellers in San Antonio must disclose known flooding, water penetration, or drainage issues, as these can significantly affect the value and safety of the property.

Can a seller be sued after closing in Texas?

Yes, in certain situations. If a seller in Bexar County knowingly failed to disclose a material defect, the buyer may have legal options even after the transaction is completed.

How can buyers protect themselves from disclosure issues?

Buyers in San Antonio should review the Seller’s Disclosure Notice carefully, obtain inspections, and consider consulting a real estate attorney to fully understand potential risks before closing.

Working with a real estate attorney in San Antonio can help…