When you’re buying a home in Texas — whether it’s a charming older property in Alamo Heights or a newer build in Stone Oak — one of the most important documents you’ll receive is the Seller’s Disclosure Notice, commonly called the property disclosure.
This document outlines everything the seller knows about the condition of the home. It’s designed to protect buyers from hidden issues and ensure transparency throughout the transaction. Yet many buyers don’t fully understand what’s included, what’s required, or how to interpret the information.
This guide breaks down everything you need to know about property disclosures in Texas — what they cover, what they don’t, why they matter, and how they protect you during the homebuying process.
What Is a Property Disclosure?
A property disclosure is a legal document the seller completes to inform the buyer about the home’s condition and any known issues.
In Texas, this document is officially called the:
Seller’s Disclosure Notice (TREC Form 1406)
It includes information about:
• Structural issues
• Roof condition
• Plumbing and electrical systems
• HVAC systems
• Appliances
• Foundation
• Water damage
• Termite history
• Repairs and renovations
• Environmental hazards
• HOA information
The disclosure is required by Texas law for most residential sales.
Why Property Disclosures Matter
Property disclosures protect buyers by ensuring transparency.
They help you:
• Understand the home’s condition
• Identify potential red flags
• Plan for future repairs
• Compare homes accurately
• Make informed decisions
They also protect sellers by documenting what they disclosed — reducing the risk of future disputes.
Are Sellers Required to Provide a Disclosure in Texas?
In most cases, yes.
Texas law requires sellers of single family homes to provide a property disclosure unless the property falls under an exemption.
Common exemptions include:
• New construction homes
• Foreclosures
• Estate sales
• Transfers between family members
• Certain trusts
Even when exempt, many sellers still provide disclosures to build buyer confidence.
When Do Buyers Receive the Property Disclosure?
Buyers typically receive the disclosure:
Before or shortly after going under contract
If the seller fails to provide the disclosure on time, the buyer may have the right to cancel the contract.
What’s Included in a Texas Property Disclosure?
The Seller’s Disclosure Notice covers a wide range of topics. Here’s a breakdown of the most important sections.
1. Structural Information
The seller must disclose:
• Foundation issues
• Cracks or movement
• Previous repairs
• Structural modifications
Foundation concerns are common in Texas due to soil movement.
2. Roof Condition
The disclosure includes:
• Roof age
• Previous repairs
• Known leaks
• Insurance claims
• Hail damage
This helps buyers understand potential future costs.
3. Plumbing System
The seller must disclose:
• Pipe material
• Leaks
• Sewer issues
• Water heater age
• Repairs or replacements
Plumbing problems can be costly, so this section is important.
4. Electrical System
The disclosure covers:
• Wiring type
• Breaker panel issues
• GFCI protection
• Known hazards
Older homes may have outdated electrical systems.
5. HVAC System
The seller must disclose:
• Age of AC and furnace
• Known issues
• Previous repairs
• Maintenance history
Texas heat makes HVAC systems a major expense.
6. Appliances and Fixtures
The disclosure lists:
• Included appliances
• Known defects
• Age and condition
This helps buyers understand what stays with the home.
7. Water Damage and Flooding
The seller must disclose:
• Past flooding
• Water penetration
• Roof leaks
• Mold or mildew
• Insurance claims
This section is critical for risk assessment.
8. Termite and Pest History
The disclosure includes:
• Termite damage
• Treatments
• Warranties
• Pest infestations
Texas homes often require regular pest control.
9. Environmental Hazards
The seller must disclose:
• Lead based paint (for homes built before 1978)
• Asbestos
• Radon
• Contaminated soil
• Hazardous materials
These issues may require specialized inspections.
10. HOA Information
If the home is part of an HOA, the seller must disclose:
• Fees
• Restrictions
• Pending litigation
• Special assessments
This helps buyers understand community obligations.
11. Improvements and Repairs
The seller must list:
• Renovations
• Repairs
• Additions
• Permits (if applicable)
This helps buyers understand the home’s history.
12. Insurance Claims
The disclosure includes:
• Past claims
• Dates
• Types of damage
• Repairs completed
Insurance history can affect future premiums.
What’s NOT Included in a Property Disclosure?
Sellers are required to disclose known issues — but they are not required to:
• Conduct inspections
• Investigate unknown problems
• Guarantee the home’s condition
• Predict future issues
This is why buyers still need a professional home inspection.
How Accurate Are Property Disclosures?
Disclosures rely on the seller’s knowledge.
They may be:
• Accurate
• Incomplete
• Outdated
• Unintentionally incorrect
This is why the disclosure is only one piece of the due diligence process.
What Happens If a Seller Lies on the Disclosure?
If a seller intentionally hides or misrepresents issues, they may face:
• Legal liability
• Financial damages
• Contract disputes
• Lawsuits
Texas law protects buyers from fraudulent nondisclosure.
How Buyers Should Use the Property Disclosure
The disclosure helps buyers:
1. Identify Red Flags
Examples:
• Foundation repairs
• Roof leaks
• Repeated plumbing issues
• Flooding history
2. Plan Inspections
If the disclosure mentions:
• Electrical issues → hire an electrician
• Foundation repairs → hire an engineer
• Roof leaks → hire a roofer
3. Negotiate Repairs
The disclosure provides leverage during negotiations.
4. Compare Homes
Two homes may look similar — but their histories may differ significantly.
5. Make an Informed Decision
The disclosure helps buyers understand the home’s true condition.
Property Disclosures in New Construction
New construction homes are typically exempt from the standard disclosure.
However, builders must still disclose:
• Known defects
• Warranty information
• HOA details
• Community restrictions
Buyers should still conduct independent inspections.
Property Disclosures in Older Homes
Older homes may have:
• More repairs
• More wear and tear
• More complex histories
The disclosure is especially important for these properties.
Property Disclosures in Estate Sales
Estate sales are often exempt because the seller (executor) may not know the home’s history.
Buyers should rely heavily on:
• Inspections
• Surveys
• Title work
Final Thoughts: Property Disclosures Protect Buyers and Sellers
A property disclosure is one of the most important documents in the Texas homebuying process. It provides transparency, protects your investment, and helps you make confident decisions.
In a market like San Antonio — where homes vary widely in age, condition, and history — understanding the disclosure ensures you’re fully informed before moving forward.
Buying a Home in San Antonio? We’ll Guide You Through Every Step.
As a family owned San Antonio brokerage, we help buyers:
• Understand property disclosures
• Identify red flags
• Navigate inspections
• Negotiate repairs
• Make confident, informed decisions
If you’re preparing to buy, we’re here to guide you with clarity and care.
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