Texas Real Estate Law

In Texas, you’re not legally required to have a lawyer for a real estate transaction. But just because you don’t have to doesn’t mean you shouldn’t. I’ve seen buyers discover major title problems after closing. I’ve seen sellers get sued because their contract didn’t protect them. I’ve seen deals fall apart because nobody caught a mistake until it was too late.

A lawyer reviews your contract, makes sure you’re getting clear title, and protects you if something goes wrong. It’s a small investment compared to the cost of fixing a problem later.

Title insurance protects you after closing if a title problem pops up later, like an old lien or a forged deed. A title review happens before closing and is where a lawyer or title company digs through the property records to find problems so you can fix them before you buy.

Here’s the thing: title insurance is important, but it doesn’t replace a good title review. You want to catch problems before closing, not after.

If we find a title problem like an unpaid lien, a boundary dispute, or a missing deed, we fix it before you close. Sometimes that means negotiating with creditors to release a lien. Sometimes it means filing a quiet title action to clear up ownership. Sometimes it means the seller has to take care of it before we move forward.

The point is, you don’t want to buy a property with title problems. We make sure you’re getting clean title before you hand over your money.

We’re licensed in Texas, so we handle Texas real estate transactions. If you’re buying property in another state, you’ll need a lawyer licensed in that state. But if you’re a Texas resident buying property here, we’re your people.

Buying property from an estate or probate can get complicated. You need to make sure the executor or administrator actually has the legal authority to sell the property, and you need to make sure the probate court has approved the sale. We handle these transactions all the time, and we’ll make sure everything is done correctly so you don’t run into problems later.

If you’re a landlord trying to evict a tenant, or a tenant dealing with an illegal eviction, yes you need a lawyer. Texas has specific rules about how evictions have to be handled, and if you don’t follow them, you could lose your case. We help landlords file evictions correctly and help tenants fight back when landlords violate the law.

A 1031 exchange is a tax strategy that lets you sell investment property and reinvest the proceeds into another property without paying capital gains taxes if it’s done correctly. The rules are strict, and if you mess it up, the IRS will come calling.

If you’re selling rental property or commercial real estate and you want to defer taxes, we can help you structure a 1031 exchange the right way.

It depends on the transaction. For a residential closing, we typically charge a flat fee. For commercial transactions, landlord-tenant disputes, or title litigation, we charge by the hour. We’ll give you an estimate up front so you know what to expect.

Compared to the cost of fixing a bad contract or clearing a title problem after closing, hiring a lawyer is a bargain.

A warranty deed guarantees that the seller owns the property and has the legal right to sell it. If a title problem comes up later, the seller is responsible.

A quitclaim deed just transfers whatever interest the seller has, if any. There’s no guarantee they actually own the property, and if a problem comes up, you’re on your own.

We use warranty deeds for most transactions because they protect the buyer. Quitclaim deeds are usually only used between family members or to clean up title issues.

Yes, but it’s easier to do it right when you buy the property. If you’ve already got a revocable living trust, we can help you take the deed and transfer it into your trust so it’s protected and your family won’t have to probate it later. If you don’t have a trust yet, we can help you set one up.

That’s called a co-ownership dispute, and it happens more often than you’d think. Maybe you inherited property with your siblings and you want to sell but they don’t. Maybe you bought property with a business partner and now you want out.

In Texas, if co-owners can’t agree, you can file a partition suit to force the sale of the property. We handle these cases and help clients resolve co-ownership disputes either through negotiation or in court.

A mechanic’s lien is a legal claim that can be filed against real property by contractors, subcontractors, or material suppliers who performed work or provided materials for improvements to that property and were not paid. In Texas, these liens are governed by Chapter 53 of the Texas Property Code, which sets out specific notice requirements, deadlines, and filing procedures that must be followed for the lien to be valid.

For property owners, a mechanic’s lien can complicate or prevent a sale or refinance because title companies typically require liens to be resolved before closing. The lien attaches to the property itself, not just to the owner personally, which means it can affect your ability to transfer clear title even if you paid your general contractor in full and the dispute is between the contractor and a subcontractor you never dealt with directly.

Texas law provides property owners with certain protections and procedures to respond to lien claims, including the right to dispute a lien and, in some cases, to substitute a bond in place of the lien so that a sale or closing can proceed while the underlying dispute is resolved. The rules around timing and procedure are detailed and deadline-driven, so understanding them early before a lien is filed or before you close tends to be more straightforward than addressing them afterward.

When someone dies without a will in Texas, the Texas Estates Code determines what happens to their property. This is called dying intestate, and the outcome depends on factors like marital status, whether the property is community or separate property, and the family structure left behind.

For married couples, it’s a common assumption that everything automatically passes to the surviving spouse. But that’s not always how Texas law works. Separate property, for example, may be divided between the surviving spouse and the deceased’s children, which can mean a surviving spouse ends up co-owning the family home with adult children from the marriage, or with children from a prior relationship. This situation comes up more often than most people expect, and it can create real complications when the surviving spouse wants to sell, refinance, or simply maintain clear ownership of the property.

Community property has its own set of rules that depend on whether children are involved and whether those children are from the current marriage or a prior one.

Real estate is often where the consequences of dying without a will become most visible, because the property has to be retitled and that process runs through the courts. The absence of a will doesn’t mean the property disappears, it means Texas law decides who gets it and how, rather than you. For families who want to make sure their property goes where they intend, particularly in blended family situations, having a will in place is one of the more straightforward ways to maintain that control.

This page is educational in nature and is not legal advice. Estate and property laws vary based on individual circumstances. If you have questions about your specific situation, speaking with a licensed Texas attorney is the best next step.

Texas does not require sellers to use an attorney to complete a residential real estate transaction. In practice, most FSBO transactions in Texas are handled using TREC forms (the standard contracts promulgated by the Texas Real Estate Commission) which are designed to be used without an agent.

That said, there are situations where having an attorney review the transaction is worth considering. TREC forms cover the standard residential sale, but they have limitations. If your property has title issues, easements, boundary disputes, deed restrictions, or ownership complications such as property held jointly, inherited property, or property that was part of an estate a standard form contract may not be enough to address what needs to be addressed before closing. The same applies if a buyer proposes significant modifications to the contract, or if the transaction involves terms that fall outside the typical structure TREC forms contemplate.

An attorney’s role in a real estate transaction isn’t to replace the process, it’s to review what’s in front of you and identify anything that may need attention before you’re bound by it. For a straightforward FSBO with clean title and a standard transaction, many sellers complete the process without legal review. For anything more complex, or simply for peace of mind when the transaction involves your largest asset, a review can surface issues that are easier to address before closing than after.