Texas Seller Disclosure Changes in 2026: What Boerne Sellers Should Know

Key Takeaways

• Texas updated its Seller’s Disclosure Notice in 2026.

• The revised form asks about additional issues including insurance history, certain private roads, large aboveground storage tanks, and conservation easements.

• Texas also introduced a separate disclosure concerning groundwater and surface-water rights.

• Boerne and Hill Country sellers should review disclosure documents early, especially properties with acreage, wells, private roads, or unusual land characteristics.

Texas homeowners preparing to sell in 2026 may notice something different in their paperwork. The Texas Real Estate Commission updated its Seller’s Disclosure Notice effective May 28, 2026, and additional water-rights disclosure requirements took effect July 1.

For Boerne home sellers, that makes reviewing your property information early especially important.

What Changed With the Texas Seller Disclosure in 2026?

The updated TREC Seller’s Disclosure Notice now asks sellers for information concerning several issues that were not previously presented in the same way.

These include whether the property is currently insured or has experienced difficulty obtaining insurance, certain private-road maintenance responsibilities, aboveground storage tanks larger than 500 gallons that stored petroleum products or chemicals, and whether the property is located within a conservation easement.

This can be particularly relevant around Boerne, Kendall County, and the Texas Hill Country, where properties may include acreage, private roads, wells, tanks, easements, or other characteristics that are less common in a standard subdivision.

What About Water Rights When Selling a Texas Home?

Texas also introduced the Seller’s Disclosure About Groundwater and Surface Water Rights.

TREC explains that the disclosure was created to give prospective buyers information about groundwater and surface-water rights associated with a property. Whether it is required depends on the transaction and applicable contract provisions.

That issue deserves particular attention when selling acreage or Hill Country property.

If your property includes land, also read my guide on how acreage can affect a Boerne home's value.

What Should Boerne Sellers Do Before Listing?

Do not wait until an offer arrives to start gathering information about your property.

Review your disclosure documents, previous repairs, insurance information, surveys and other relevant property records before listing. If you are unsure about a legal disclosure obligation, your real estate agent can help identify the appropriate forms, while legal questions should be directed to an attorney.

Preparation can also help you address another important question early: how to price your Boerne home to sell.

FAQs

Do Texas sellers have to complete a Seller’s Disclosure Notice?
The notice is required for many previously occupied single-family residential sales, although Texas law contains exceptions. The circumstances of the specific transaction matter.

Did the Texas Seller’s Disclosure change in 2026?
Yes. TREC's revised Seller’s Disclosure Notice became effective May 28, 2026.

Is there a new Texas water-rights disclosure?
Yes. TREC created a Seller’s Disclosure About Groundwater and Surface Water Rights, and related contract changes became effective July 1, 2026.

Should I complete my disclosure before listing my Boerne home?
Preparing your property information early can help you identify questions or missing documentation before a buyer is under contract.