Recent Developments in Texas Real Estate Law: What San Antonio Property Owners and Professionals Need to Know
By Trey Wilson, San Antonio Real Estate Lawyer
As a real estate lawyer based in San Antonio, I closely monitor the legal shifts that affect property owners, developers, and professionals in our region. Recent developments at both the state and local levels are reshaping the way we handle transactions, manage risk, and plan for future growth in Bexar County and throughout South Texas. Below is a summary of the most impactful changes in Texas real estate law—and what they mean for San Antonio.
TREC Contract Changes: What Buyers and Sellers in Bexar County Should Watch For
As of January 3, 2025, the Texas Real Estate Commission (TREC) has made several important updates to its standard contract forms. Of particular note:
1) Geothermal Rights are now included in the definition of Natural Resource Leases. San Antonio sits above geothermal-rich areas, so this clarification may affect land sales and leases in parts of the Hill Country and outer Bexar County.
2) Survey Requirements have become more flexible. Sellers can now provide a T-47 Declaration (no notary needed), and buyers aren’t automatically obligated to obtain a new survey. This can simplify transactions in San Antonio neighborhoods where reliable older surveys are already available.These updates streamline closings and reduce administrative friction for local buyers and sellers, especially in fast-moving markets like Stone Oak, Alamo Heights, and the I-10 corridor.
Property Tax Reform and Appraisal Caps: Impact on San Antonio Homeowners and Investors
In 2023, the Texas Legislature passed a sweeping tax reform package aimed at providing relief to both homeowners and small investors:
Homestead exemptions for school taxes were raised from $40,000 to $100,000.
Non-homestead appraisal caps now apply to properties valued under $5 million, including rental homes and small commercial buildings.
For San Antonio residents, this means meaningful protection against rapidly rising appraisals, particularly in booming areas like the Pearl District, Southtown, and near new developments along Loop 1604. Investors holding rental properties in neighborhoods like Castle Hills or Leon Valley may also benefit from slower appraisal growth.
New NAR Settlement Rules and Buyer Representation in San Antonio
A significant shift in real estate brokerage practices stems from the National Association of Realtors‘ 2024 settlement:
Buyers must now sign written agreements with their real estate agents before touring homes.
Sellers may no longer list buyer agent commission offers on the MLS.
In San Antonio’s competitive residential market, this increases the importance of clear buyer-agent contracts. It may also lead to greater scrutiny of commission structures in high-volume sales areas like Shavano Park, Dominion, and the Far West Side.
Crackdown on Property Tax Exemption Abuse by Outside Housing Corporations
Across Texas—and particularly in fast-growing cities like San Antonio—developers have used housing finance corporations (HFCs) to secure tax exemptions under the guise of providing affordable housing. Some of these corporations operate statewide, offering tax breaks while delivering minimal public benefit.
Legislation is now in the works to curb this practice by limiting HFCs to their own jurisdictions unless expressly invited. For San Antonio taxing entities like Northside ISD and the City of San Antonio, this change could help preserve the local property tax base and ensure genuine accountability in housing incentive programs.
Zoning Reform Trends: Will Austin’s Housing Strategy Influence San Antonio?
In 2023, Austin eliminated single-family zoning in many areas, allowing up to three units per lot. While San Antonio has not yet followed suit, city planners are watching these developments closely as housing demand grows and affordability becomes more strained.
Neighborhoods near downtown and along VIA’s transit corridors—such as Dignowity Hill, Five Points, and Denver Heights—are likely to be part of any future push for denser zoning or “missing middle” housing.
housing finance corporations
Final Thoughts
For property owners, brokers, and investors in San Antonio, staying informed about legal developments is essential. Whether you’re structuring a transaction, leasing a commercial building, or navigating a title issue, the legal landscape is evolving—and your legal strategy should evolve with it.
My law firm remains committed to providing trusted, local counsel backed by more than 25 years of experience in San Antonio real estate law. If you have questions about how these changes might impact your property or your business, we’re here to help.
This article is for general informational purposes and does not constitute legal advice. For legal guidance specific to your situation, please consult an attorney.ci
