Texas Real Estate Attorneys
Buying or selling property in Texas is one of the most financially important decisions an individual or business can make. These transactions involve extensive paperwork, local regulations, and potential legal complications. If a title issue or contract term is missed, it can lead to delays, disputes, or unexpected costs.
Working with a real estate attorney provides clarity at each step. Legal counsel ensures your agreements are enforceable, required disclosures are made, and the closing process moves forward without disruption. A knowledgeable attorney can also help identify issues early in the transaction, resolve disputes before they escalate, and keep all parties on track toward a successful closing.
At Esani & Momin, PC, we represent clients across Texas in real estate transactions. Whether purchasing a first home in Sugar Land, acquiring commercial property, or preparing for an investment sale, our legal team protects your interests from start to finish.
What to Know About Real Estate Transactions in Texas
Real estate in Texas is governed by specific rules regarding ownership, disclosures, title transfer, and closing procedures. Understanding these elements before you sign anything is critical to avoiding financial risk or post-sale conflict.
These rules vary based on the type of property involved. Each transaction stage carries legal significance, from zoning limitations and HOA restrictions to title encumbrances and financing conditions.
Addressing these details improperly can result in delayed closings, financial penalties, or unenforceable agreements. Working with a legal team that understands Texas real estate law ensures your transaction proceeds efficiently and without surprises.
Written Contracts Are Essential
All real estate deals in Texas must be formalized in writing to be enforceable. These agreements include more than just the sale price—they address rights, responsibilities, and expectations. A properly prepared contract should include:
- Legal property description
- Purchase price and financing terms
- Inspection timelines and repair obligations
- Who pays which closing costs
- Conditions for possession and occupancy
- Contingencies related to title, financing, or third-party approvals
We review and draft contracts to ensure they meet legal requirements and accurately reflect the parties’ intent. Our goal is to reduce ambiguity and ensure enforceability.
How We Help with Real Estate Purchases and Sales in Texas
Large sums of money are transferred through the purchasing and selling of real estate. To protect you and your rights for both the seller and buyer, a Texas real estate attorney can help you have a smooth and fair transaction.
A contract, or agreement, must be made in writing to sell or buy real estate. Both parties are to sign that agreement and should address the following:
- Purchase price
- Closing and possession dates
- How will the title be taken
- Terms of payment
- Any personal property to be transferred
- Accurate description of the property
- Real estate transfer tax proration
Once the contract has been written and signed by all the involved parties, a current abstract of title must be obtained, which is commonly considered the seller’s expense and obligation. An abstract of title should show the merchantable title in the seller’s name and any sort of exceptions to a clear title. Those must be removed before closing on the sale; any exceptions not cleared may extend the closing date. Having a trusted and skilled attorney by your side can help you ensure that no issues arise and you have a successful transaction.
Buyers may also use a warranty deed to take a title to the property. The three warranties that are included are:
- No liens, clouds, or encumbrances are to affect the title
- The seller has a sole and merchantable title to the property
- If there is a breach of any of these warranties, the seller is to defend the buyer’s title
Real estate transactions, such as purchasing or selling property, can be complex and time-consuming for those with little or no legal experience. Our Texas real estate attorneys at Esani & Momin have years of experience helping clients have successful transactions and are ready to help you do the same. Contact our office today to discuss your options or schedule a case consultation.
Key Legal Issues in Texas Real Estate Transactions
Escrow and Title Transfer
In Texas, escrow is commonly used to hold funds during a real estate transaction. The escrow process protects both parties and ensures that money, documents, and instructions are managed adequately until closing. We work directly with title companies and escrow officers to resolve disputes or errors and to confirm that all documents meet legal and transactional requirements.
Before closing, the title must be examined for liens, restrictions, or adverse claims. A title commitment issued by the title company lays out these conditions. As your legal representatives, we interpret the title documents, resolve clouds or liens, and ensure you receive a clean and insurable title at closing.
Survey and Boundary Issues
Accurate surveys are essential in both residential and commercial real estate. Disputes may arise over easements, fences, encroachments, or building setbacks that may not be obvious on a walk-through.
Slight overlaps into a neighboring lot can delay closings or trigger legal disputes. These discrepancies often arise from outdated surveys or poor recordkeeping.
We review survey reports and identify any legal issues that could interfere with a clear transfer of ownership. Our attorneys also ensure that the deed and property description match the survey.
Residential Disclosure and Inspection Rights
Sellers of residential property in Texas must provide disclosure forms outlining known material defects. Buyers often have an option period to inspect the property and terminate the contract if necessary. We guide clients through disclosure obligations and inspection rights, helping protect buyers from concealed defects and sellers from future liability.
Commercial Lease and Purchase Issues
Commercial real estate transactions involve additional complexity, including zoning, permitted use, lease agreements, and financing covenants. We help business owners and investors:
- Negotiate purchase and sale agreements
- Review commercial lease terms
- Resolve title and zoning issues
- Structure asset or entity transfers tied to the property
If you are acquiring or disposing of commercial space in Texas, our attorneys can help you evaluate risk and protect your long-term business goals.
Seller Financing and Owner-Carried Notes
In some Texas transactions, buyers and sellers agree to finance the deal without a traditional lender. These arrangements, known as seller financing, require precise legal structuring. We draft and review promissory notes, deeds of trust, and financing terms to ensure the arrangement is enforceable and adequately secured. We clarify rights in the event of default for sellers and help prevent predatory or unclear terms for buyers.
Remote Closings and Digital Signatures
With more real estate transactions occurring across distances, many clients now complete closings remotely. Texas allows the use of digital signatures and online notaries in certain real estate closings. Our firm ensures that your digital documents comply with legal standards and that your interests are fully protected—even when parties are not physically present at the closing table.
Frequently Asked Questions
Do I need a real estate attorney if I already have an agent?
Real estate agents handle marketing and negotiation but cannot give legal advice. A real estate attorney ensures that your legal rights are protected and your documents comply with Texas law.
Can you help with investment property transactions?
Yes. We assist clients with residential rentals, commercial investments, and multi-unit acquisitions. We review contracts, entity structures, and tax considerations as part of our legal support.
What happens if the seller fails to disclose defects?
If a seller knowingly fails to disclose material issues, they may be liable for misrepresentation. We can assess your options and pursue remedies if disclosure laws are violated.
Do you represent sellers as well as buyers?
Absolutely. Whether you’re selling your personal home, a business property, or part of an estate, we work to ensure that you meet your legal obligations while protecting your financial outcome.
Can you assist with 1031 exchanges?
Yes, we help clients with tax-deferred exchanges involving like-kind properties. We coordinate with qualified intermediaries and provide legal oversight to ensure compliance with IRS guidelines.
Do you help with digital closings in Texas?
We do. Our team supports clients with remote and digital real estate closings, including document review, e-signature validation, and communication with lenders and title companies.
Secure Legal Support for Your Texas Real Estate Transaction
Real estate closings can go wrong unexpectedly—whether it’s a title issue, a missing disclosure, or a breakdown in the closing process. Buyers and sellers may unknowingly agree to unfavorable terms without legal guidance or face post-closing liability.
At Esani & Momin, PC, we provide dependable legal support at every step for clients throughout Texas. Our experience in residential and commercial real estate transactions allows us to anticipate issues and protect your investment. We’ve helped individuals, families, entrepreneurs, and business owners confidently achieve their real estate goals.
We’re ready to assist if you’re buying, selling, or investing in Texas property. Contact our office to schedule a consultation, or visit our home page to learn more about our full range of legal services.
