The Texas Seller's Disclosure Notice: What Hill Country Buyers and Sellers Should Know

This article provides general educational information about Texas seller disclosure law and the Seller's Disclosure Notice. It is not legal advice. Consult a licensed Texas attorney, your licensed real estate agent, or the Texas Real Estate Commission for guidance specific to your transaction.

The Seller's Disclosure Notice is the one document in a Texas resale where the seller's knowledge of the property must be written down, dated, and signed before the contract is signed. Texas Property Code Section 5.008 requires the seller of a previously occupied residential property of not more than one dwelling unit to deliver a written notice disclosing the condition of the property, and the statutory form runs more than 100 questions deep [1][2][5]. The disclosure is a record of what the seller knows, not a guarantee of condition: it is a starting point that buyers are expected to verify with inspections, testing, and title work [2][4][6]. This guide explains who must complete it, which sales are exempt, what the form covers, what happens when it arrives late, and the Hill Country items buyers should scrutinize before the option period ends.

A note on sourcing before the details. The rules below are general, and they change: the disclosure form was revised effective September 1, 2023, and contract forms are updated periodically [3]. The statute and the public sources cited at the end of this article were checked in September 2026. For a specific transaction, the form in front of you and a licensed professional are the authority, not this article.

Who must complete the Seller's Disclosure Notice?

The duty falls on the seller of residential real property that contains not more than one dwelling unit, and it applies to previously occupied homes [1][5]. That covers essentially every resale single-family home and townhome in the Boerne, Fair Oaks Ranch, and San Antonio markets. A brand-new home that has never been lived in steers down the new-construction exemption instead, which is why new builds come with builder documentation rather than a resale disclosure [1][5]. The statute places the obligation on the seller; the listing agent typically delivers the completed form, but the legal duty belongs to the seller [1][4].

Which sales are exempt?

Section 5.008 lists the transfers that do not require the notice, and several exemptions are directly relevant to Hill Country transactions [1][5][9]:

• •Foreclosure, court-ordered, and lender transfers. A sale under court order, a foreclosure sale, and transfers to or from a mortgagee or deed-of-trust beneficiary generally do not require the notice.
• •Estates and fiduciaries. A fiduciary administering a decedent's estate, guardianship, conservatorship, or trust is exempt [1][5]. This is the exemption that applies to many probate sales in Kendall, Bexar, Comal, and Bandera counties, and it is one reason buyers of estate properties lean harder on inspections: there is often no seller disclosure behind the listing [9].
• •Family transfers. Transfers between co-owners, to a spouse or lineal relatives, and between spouses under a divorce decree are exempt.
• •New construction. A transfer of a new residence that has never been occupied for residential purposes is exempt [1][5].
• •Mineral-heavy land. Where the value of the dwelling is five percent or less of the total property value, the transfer is exempt [1][5]. This matters for ranch land and acreage tracts where the house is incidental to the land value.
• •Government transfers. Transfers to or from any governmental entity are exempt.

Two categories do not have to be disclosed even on properties where the form is required: deaths from natural causes, suicide, or an accident unrelated to the condition of the property, and the HIV or AIDS status of a former occupant [1][5]. Under Section 5.008 the seller has no duty to volunteer those, so an answer of "No" or "Unknown" on a question touching them is not a violation.

When must the notice be delivered?

The notice must be given before the parties enter into the contract, meaning on or before the effective date of the purchase contract [1][4][5]. In practice, many listing agents make the completed form available with the listing documents so buyers can review it before writing an offer.

If the contract is signed without the notice, Texas law gives the buyer an explicit out: the purchaser may terminate the contract for any reason within seven days after receiving the notice [4][5]. That termination right is a reason for sellers to treat the disclosure as a pre-contract deliverable rather than a closing checklist item, and it is a reason for buyers to note when the notice actually arrives. Once the window closes, the contract continues, and a missing or sloppy disclosure becomes a question of whether the seller withheld something material [4][6].

What the form actually covers

The statutory form is organized in sections, and nearly every line is answered Yes, No, or Unknown as of the date the seller signs [1][2]. The seller's date matters: the disclosure reflects knowledge as of that date, not an ongoing guarantee [2][6].

The property items section records the equipment, fixtures, and systems. The form asks about the roof, including its type and approximate age, each major appliance, ceiling and exhaust fans, central air conditioning and heating, wall and window units, the plumbing system, the septic system or public sewer connection, patio and decking, fences, pool, spa, and hot tub and their equipment, the automatic lawn sprinkler system, the water softener, any leased items, and the water source, city or well [1][2].

The defects and malfunctions section asks what the seller knows is wrong. The questions cover interior and exterior walls, ceilings, floors, the roof, the foundation or slab, basement and crawlspace, electrical systems, plumbing, sewer, septic, heating and cooling, the water heater, and the other major systems [1][2].

The conditions and history section covers the rest. The seller is asked about flooding and water intrusion, drainage problems, hazardous or toxic waste, asbestos, urea formaldehyde, active or previous termite or wood-rot damage, previous structural or roof repairs, noncompliance with codes, zoning, or deed restrictions, lawsuits or claims against the property, environmental hazards, floodplain location, and the number and condition of smoke detectors [1][2].

A revised version of the form took effect for contracts entered into on or after September 1, 2023, so the exact section layout can differ from an older blank found online [3]. The legal floor is Section 5.008 itself: whatever the form says, the seller must disclose information known to them that materially affects the physical condition or safety of the property [1].

Why "Unknown" is a legal answer, and what it means

Sellers are not required to know everything, and "Unknown" is a lawful answer on the form [1][2][4]. The statute obligates sellers to be honest about what they know, not to conduct an inspection of their own house [1][4]. A seller who has never been on the roof can honestly answer that they do not know the roof's condition; a seller who knows the roof leaked last spring and answers "No" has crossed into misleading territory [6][11].

For buyers the practical translation is simple: treat "No" as "not to the seller's knowledge," treat every "Yes" as a line item to investigate, and treat "Unknown" as an instruction to find out for yourself during the option period [2][6]. The disclosure is a claim about the seller's knowledge, and the only real test of condition is the inspection and testing you run yourself [2][6]. The site's option period guide explains the timing that makes those tests possible.

The Hill Country lines buyers should read first

Every market has the disclosure sections that matter most, and the Hill Country version is heavy on water, ground, and weather [12]. Buyers relocating from out of state in particular should read these lines before the option period starts:

• •Water source and well condition. The form asks whether the property is served by a public water supply, a well, or another source, whether the supply is in working condition to the seller's knowledge, and the age and known condition of the well if there is one [2]. For well-served acreage, ask for the well log and any water testing the seller has on file, and run your own quality and flow testing during the option period [12]. The site's well log guide explains what that file actually proves.
• •Sewage disposal and septic. The form asks about the septic system or public sewer connection and any known defects [1][2]. Most Hill Country acreage outside municipal districts runs an aerobic system, so ask for the pumping and maintenance history and any inspection records [12]. The site's aerobic septic overview covers what a new owner inherits.
• •Foundation and slab history. Expansive clays and caliche move foundations in this region, so read the previous structural or roof repair lines and any foundation invoices carefully [2][12]. Ask whether a repair warranty transfers to a new owner, and verify with an inspector who knows Hill Country soils [12].
• •Roof age and repair history. Hail and high winds are routine here, so the roof's approximate age and repair history matter for both the condition and the insurance quote [2][12]. A "No" or "Unknown" answer on the roof is common and is exactly what inspections are for.
• •Flooding, drainage, and floodplain location. The form asks about past flooding, drainage problems, and whether the property is in a floodplain [1][2]. This region sits inside Flash Flood Alley, so pair the disclosure with the FEMA maps and the site's flood zone guide rather than relying on either alone.
• •Termites and wood rot. Active or previous wood-destroying insect damage is a direct question [2]. Sellers commonly order a separate Wood Destroying Insect Inspection Report for the transaction; if one exists, read it alongside the disclosure [2][12].

Does an "as is" clause waive the disclosure?

No. An "as is" clause in the contract does not remove the seller's statutory duty to deliver the disclosure [7][8]. Texas courts enforce as-is language to bar ordinary claims about the property's condition, meaning a buyer generally cannot later complain about the wear and tear they agreed to accept, but the clause does not excuse a seller who knew of a material defect and stayed quiet, and it never protects fraud [7][8][11]. A buyer who is induced by a misrepresentation is not bound by the as-is agreement the way the seller hoped [11].

For Hill Country buyers the practical lesson is that "as is" listings, which are common on acreage and estate sales, still carry the disclosure form unless an exemption applies, and the form still must be answered honestly [7][12]. Read "as is" as a description of the bargaining position, not as a license to withhold what the seller knows [8][11].

What happens if the seller's answers are false or incomplete?

A disclosure that misrepresents a known material defect can be the basis for rescission, damages, and in appropriate cases claims under the Texas Deceptive Trade Practices Act, which can carry attorney's fees and additional damages [6][9][11]. The notice is signed, dated, and part of the transaction record, which is exactly why it matters. Disclosure disputes surface after closing, sometimes years later, so buyers should keep the copy of the notice they actually received [6].

None of that is a substitute for doing the verification work during the option period. The disclosure determines who pays for the surprise when one surfaces; the inspection determines whether the surprise surfaces at all [2][6]. Sellers preparing for that process can use the site's property records checklist to assemble the supporting documents buyers will request alongside the form.

Frequently asked questions

Does a seller have to complete the disclosure for an as-is or fixer-upper sale?

Yes, unless an exemption applies. Texas Property Code Section 5.008 applies by statute rather than by contract, so "as is" language does not waive it [7][8]. The option period and the inspection, not the as-is clause, are how buyers protect themselves on fixer-upper purchases [8].

Do probate and estate sales have to provide a disclosure?

Generally no. A fiduciary administering a decedent's estate, guardianship, conservatorship, or trust is exempt from the notice requirement [1][5][9]. Buyers of estate properties should expect a disclosure to be absent and budget for a full inspection, well and septic testing, and title review instead [9][12].

Is the Seller's Disclosure Notice the same as a home inspection?

No. The disclosure is the seller's statement of what they know as of the date signed [2][6]. An inspection is a professional's evaluation of the property's actual condition [6]. The two can disagree, and when they do, the inspection evidence is what should drive the buyer's decision during the option period [2][6].

Do sellers have to disclose a death or serious illness in the house?

Under Section 5.008 a seller has no duty to disclose a death from natural causes, a suicide, or an accident unrelated to the condition of the property, and no duty to disclose a former occupant's HIV or AIDS status [1][5].

Can a buyer walk away if the disclosure was never provided?

If the contract was signed without the notice, the buyer may terminate for any reason within seven days of receiving it [4][5]. Once that window closes, the contract stands and the matter becomes a dispute about what the seller knew [4][6].

The bottom line

The Seller's Disclosure Notice is the one place in a Texas resale where the seller's knowledge must be written down, signed, and delivered before the contract is signed. Sellers should deliver it honestly and on time, buyers should read every line and verify the Hill Country items that actually matter (well water, septic, foundation, roof, flooding, and pests), and nobody should treat the form as a substitute for an inspection [2][6]. Compiled honestly, the notice protects both sides; prepared late or lazily, it is the first document a dispute reaches for [6][11].

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Sources

1. Texas Property Code Section 5.008, Seller's Disclosure of Property Condition. The statute requiring the notice, its scope, the exemption list, and the conditions that need not be disclosed. law.justia.com
2. Texas Real Estate Commission, Seller's Disclosure Notice form. The current form, its sections, and the Yes, No, Unknown format. trec.texas.gov
3. Texas Real Estate Commission, "Two Updated Forms to Use Starting September 1." The revised Seller's Disclosure Notice effective for contracts entered into on or after September 1, 2023. trec.texas.gov
4. Texas Real Estate, Legal FAQ "Seller's Disclosure." Texas Realtors member guidance on delivery timing, the seven-day termination right, and the nature of the notice. texasrealestate.com
5. FindLaw, Texas Property Code Section 5.008. The statute text with the exemption list and the prohibited-disclosure items. codes.findlaw.com
6. Farah Legal, "Texas Real Estate Seller's Disclosure." Guidance on why the notice is not a substitute for inspections and the claims a false answer can support. farahlegal.com
7. LoneStarLandLaw, "As Is Conveyances in Texas Residential Transactions." Why as-is language does not override the statutory disclosure duty. lonestarlandlaw.com
8. Texas Real Estate Research Center, "Navigating 'As Is' Sales." How as-is sales shift risk to the buyer while the disclosure duty remains. trerc.tamu.edu
9. Houston Business Lawyers, "Texas Seller's Disclosure Notice: Requirements, Exemptions & Risks." The exemption list and the risks of late or false disclosure. houstonbusinesslawyers.net
10. Geoff Mayfield Law, "Understanding the Texas Seller's Disclosure Notice Requirements." What the disclosure covers and how to read its answers. geoffmayfieldlaw.com
11. Austin Real Estate Law (SKS Law), "Seller's Disclosures and Real Estate Fraud in Texas." Why as-is clauses do not protect fraud and what a buyer can pursue. austinrealestatelaw.com
12. Waymark Real Estate, "Texas Seller's Disclosure: The Complete Guide for Home Sellers." Market-practice guidance on the water, septic, and acreage lines buyers should verify. waymarkre.com

The facts above were checked on September 29, 2026 against the Texas Property Code, TREC materials, and the legal and industry sources cited. Seller disclosure law, contract forms, and local rules change, so confirm anything time-sensitive with the current form and a licensed professional before relying on it.

Last verified: September 29, 2026