San Antonio Home Seller Disclosure Requirements (2026)

Selling a home in San Antonio means complying with Texas state disclosure law — which is among the most comprehensive in the country. Here's exactly what's required, what the forms cover, and the disclosure issues most commonly litigated in Bexar County FSBO transactions.

The Legal Framework

Texas Property Code §5.008 requires sellers of most 1–4 unit residential properties to provide a Seller's Disclosure Notice before or at contract execution. The standard form is TREC Form OP-H (Seller's Disclosure of Property Condition), available free at trec.texas.gov.

If the disclosure is not provided at or before signing, the buyer has 7 days after receiving it to rescind the contract — even if closing is already scheduled.

Exemptions (Who Doesn't Have to Complete OP-H)

• New construction never previously inhabited
• Foreclosure sales (first sale following trustee's sale)
• Estate sales where the executor/trustee never occupied the property
• Transfers between co-owners (adding or removing a name from title)
• Court-ordered transfers (divorce decree, bankruptcy trustee sale)

If you've lived in the home or have knowledge of its condition from other sources, you almost certainly need to complete OP-H.

Section-by-Section Breakdown for Bexar County Sellers

Section 1 — Structural and Mechanical Systems

Covers the roof (age, material, known leaks, repairs), foundation, exterior walls, interior walls, ceilings, floors, driveways, and fences. Also covers plumbing (pipe material — many SA homes built in the 1970s-1980s have galvanized or polybutylene pipe that should be disclosed), electrical (panel type, presence of Federal Pacific or Zinsco panels is a material fact), and HVAC (age, type, last service date).

Foundation issues are the most commonly litigated disclosure matter in Bexar County. San Antonio sits on caliche-heavy soil that expands and contracts dramatically with moisture changes. Many homes, particularly in the 78216, 78217, 78218, and older North SA zip codes, show foundation movement. If your home has had any pier repair, shimming, drainage correction, or water management modifications, disclose it fully. Include engineering reports and warranty information (many foundation warranties are transferable — this is a selling point, not a liability, if you disclose properly).

Section 2 — Environmental Hazards

Covers asbestos (prevalent in SA homes built before 1980), lead-based paint (federal law separately requires disclosure for pre-1978 homes), radon, mold (past or present), underground storage tanks, and wetlands.

Section 3 — Property Condition

Flooding is a significant disclosure issue in San Antonio. The city has experienced major flood events in 2002 (Salado Creek), 2013, 2015, and 2021. If your home has ever taken on water — from any source, not just a FEMA floodplain — disclose it. Sellers who fail to disclose prior flooding face DTPA (Texas Deceptive Trade Practices Act) claims that can result in treble damages.

Also covers: drainage problems, prior fire damage, pest infestation (termites are active in SA), wood rot, and prior HVAC failures.

Section 4 — Legal and Other Matters

Deed restrictions, easements, encroachments, pending litigation, and whether the property is in a special district. Municipal Utility Districts (MUDs) are common in newer SA-area suburbs. MUDs carry additional property taxes on top of the standard rate — this is material information that must be disclosed.

Section 5 — HOA

Whether an HOA exists, its name, and any pending special assessments. Many SA neighborhoods built in the 1990s–2010s have HOAs. If yours does, you must also provide the buyer with HOA documents (governing documents, current financials, rules and regulations) using the TREC HOA Addendum. The buyer has 3 days to review and can terminate based on HOA information.

Section 6 — Other Information

Permits for improvements (additions, pools, fences, garage conversions), whether work was completed and passed inspection, mineral rights ownership, prior inspections you've received, and whether the property is in a FEMA Special Flood Hazard Area (SFHA).

Lead Paint Disclosure (Pre-1978 Homes — Federal Requirement)

If your home was built before 1978, federal law requires a separate Lead-Based Paint Disclosure and Acknowledgment, plus providing the EPA pamphlet "Protect Your Family from Lead in Your Home." This is a federal requirement in addition to TREC OP-H.

The T-47 Affidavit

If a buyer's lender requires a current survey and you have an existing survey, the buyer may ask you to sign a T-47 Affidavit — a notarized statement that no improvements have been made since the existing survey date. This allows them to use your existing survey instead of ordering a new one ($400–$600). Have your existing survey ready at the start of your transaction.

What "Material Facts" Means in Texas

Texas disclosure law requires disclosure of any fact that would be material to a reasonable buyer's decision to purchase or the price they'd pay. Courts have found sellers liable even when they claimed not to know about defects — if a court finds you "should have known" (from inspection reports, neighbor knowledge, contractor conversations, or repair records you received), you can still face liability.

The rule of thumb: if you're asking yourself whether you need to disclose something, you probably do. Written disclosure is your legal protection. Silence is your liability.

Delivery Timing

OP-H must be provided to the buyer before or at the time the contract is signed. In practice, most SA FSBO sellers include a completed OP-H with their listing information or provide it at the first showing. Waiting until contract execution creates risk — the 7-day rescission right gives buyers a significant out.