Texas Real Estate Law
Real Estate Law
About Deeds in Texas
A deed is a written instrument that conveys title to real property.
The types of deeds commonly used in Texas include:
- General Warranty Deed
- Special Warranty Deed
- Deed Without Warranties
- Lady Bird Deed
- Quitclaim Deed
- Assumption Deed
- Wraparound Deed
- Trustee’s Deed
- Deed Incident to Divorce
- Deed in Lieu of Foreclosure
- Correction Deed
The type of deed and the clauses used in a deed can greatly alter the effect of a transfer. Consult with our firm to determine the type of deed is best suited for you.
Owner Financing in Texas
Real property in Texas can be sold using owner or seller financing. The documents required in an owner financing transaction in Texas include:
- The Deed transferring title to the buyer
- The Note providing the obligations of payment
- The Deed of Trust as the security instrument
Owner financing has been a popular method of selling real estate in Texas and continues to thrive as a means for transferring property. Schedule a consultation with our firm to discuss owner financing real estate transactions.
Texas Lien Removal Attorney
Lien removal is a necessary process for a seller of real property to deliver marketable title to a buyer at closing. Title companies will not insure title when a lien is present regardless of whether the lien is valid or invalid. Our firm has an in house title company that will insure the release of the lien on your property. The typical types of liens in Texas include:
- Mechanic and Materialmen (M&M) Liens
- Judgment Liens Against the Homestead
- Fraudulent Liens
Contacting our office to get help removing Texas liens.
Real Estate Contracts
Residential Sales Contract Review
Negotiating real estate transactions allows the opportunity for a buyer or seller to gain certain benefits in the transaction. Unlike brokers and real estate agents, attorneys can modify draft special provisions and addenda as part of a realcontract. Realtors are limited to simply filling in the blanks. Some of the common issues and adjustments made by real estate attorneys to the residential sales contract include:
- “As Is” Language
- Providing Survey “As Is”
- Eliminating Specific Performance
- Seller Financing Terms
- Revocation of Offer Deadline
- Appraisal Contingencies
Using a real estate lawyer to provide contract review in residential transactions can greatly benefit a buyer or seller in a transaction. Our firm will do a contract review at flat rate. Contact our office for a consultation
Residential Lease Contract Reviews and Drafting
The most common residential lease contracts used in Texas are the Texas Association of Realtors and Texas Apartment Association Residential Lease forms. Use of these forms requires membership in the applicable association and the forms are copyrighted. It is highly recommended that one of these lease forms be used when entering into a residential lease in Texas, as these forms are in compliance with the Texas Property Code and the courts are accustomed to the form and provisions in each of the agreements.
Negotiating real estate leases allows the opportunity for a landlord or tenant to gain certain benefits (as well as avoid certain pitfalls) in the transaction. Unlike brokers and real estate agents, attorneys can modify the actual language of the form and draft special provisions and addenda as part of the lease contract. Realtors are limited to simply filling in the blanks. Some of the common issues and adjustments made by real estate attorneys to the residential lease contract include:
- Renter’s Insurance Provision
- Repair Deductible Provision
- “As Is” Language
- Diplomatic Clauses
Our firm will provide contract review and drafting in residential lease transactions that will protect a landlord or tenant in a transaction. Our review will be billed in a flat fee. Contact our office to schedule a consultation.
Texas Commercial Lease Reviews
The process of leasing commercial rental space in Texas usually involves the prospective tenant first viewing a space and expressing interest in a particular space in an office building or retail center. The landlord or landlord’s broker then submits a proposal to the tenant including the major terms of a potential lease. A tenant may counter the proposed terms in the proposal or accept the proposed terms as is prior to receiving the formal lease. The landlord or landlord’s broker then generates a lease for the tenant to review. Important clauses in Texas commercial leases often include:
- Payment of Rent Provisions
- Expense Stop Clauses
- Indemnity Provisions
- Attorney’s Fees
- Waivers of Subrogation
- “As Is” or Disclaimers of Warranties
- Substitution or Relocation Clause
A real estate attorney can usually provide a commercial lease review on behalf of a tenant that will balance rights and obligations in a lease more evenly between a landlord and tenant. These reviews can often be done at an affordable flat rate. Feel free to use the form below to request a consultation about a commercial lease with an attorney or call our office.