⸺ On this page
1. Texas closes differently
2. What we handle
3. When to bring in an attorney
4. Texas rules that decide most problems
5. Frequently asked questions
Texas closes differently
If you have bought property in New York or Georgia, you had a lawyer at closing because those states require one. Texas does not. Here the title company is the center of the transaction: it acts as escrow agent, examines title, issues the commitment, prepares closing documents, funds the deal, and issues the title policy.
That system works well, and it keeps ordinary transactions inexpensive. It has one gap worth understanding.
The title company is neutral, by design. It is not your lawyer. It will not tell you the contract is bad for you, that the survey exception should have been amended, that Schedule C has a requirement nobody has addressed, or that the deed you are about to sign gives away more than you meant to. Its job is to close the transaction and insure the title, not to protect your position.
For a standard resale with a standard contract, that gap rarely costs anyone anything. For anything with a wrinkle in it, that gap is exactly where the money is lost.
What we handle
Deeds and title transfers — general warranty, special warranty, and deed without warranty; adding or removing a spouse; transfers into a trust or an LLC; correction deeds; and gift transfers between family members.
Residential and commercial closings— reviewing the title commitment and survey, clearing Schedule C requirements, and representing one side at the table.
Contract and earnest money review — TREC forms, addenda, option and financing deadlines, and earnest money disputes.
Transferring property after a death — the route through or around probate that a title company will actually accept.
We also coordinate real property with the rest of a client’s plan — a lady bird or transfer on death deed for the homestead, an entity to hold rental property, or a trust that needs to be funded with a house.
When to bring in an attorney
| Situation | Attorney needed? |
| Standard resale, TREC form, no changes, clean title | Usually not |
| Someone typed changes into the contract | Yes — a license holder may not draft; those edits need review |
| Deed transfer with no sale (family, trust, LLC, divorce) | Yes |
| An owner in the chain of title has died | Yes |
| Title commitment shows a lien, gap, or defect | Yes |
| Boundary, encroachment, or survey problem | Yes |
| Commercial purchase or lease | Yes — no promulgated form applies |
| Seller financing or a wraparound | Yes |
| Earnest money dispute after termination | Yes |
| Co-owners who cannot agree on selling | Yes |
Texas rules that decide most problems
Homestead requires both spouses
Texas Family Code § 5.001
“Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse except as provided in this chapter or by other rules of law.”
It does not matter whose name is on the deed. If it is the homestead and the owner is married, the other spouse signs too.
Record it, or risk losing it
Texas Property Code § 13.001 makes an unrecorded conveyance void as to a subsequent purchaser for valuable consideration without notice. A deed sitting in a drawer protects you against the person who signed it and against almost nobody else.
The seller’s disclosure notice
Texas Property Code § 5.008 requires a written seller’s disclosure notice for most sales of residential property comprising not more than one dwelling unit, delivered on or before the effective date. Exemptions include foreclosure and court-ordered sales, transfers between co-owners, transfers to a spouse or lineal relative, transfers by executors and other fiduciaries administering an estate, and new construction never occupied. Late delivery gives the buyer seven days to terminate for any reason.
Title insurance rates are set by the state
The Texas Department of Insurance promulgates the basic premium, so every title company charges the same rate for the same coverage on the same property value. Escrow and closing fees are not fixed and do vary. Shop the service and the closing fees, not the premium.
Frequently asked questions
Do I need a real estate attorney in Texas?
Not for a routine transaction. Texas is a title-company closing state — the title company acts as escrow agent, issues the title policy, and handles the paperwork, and no attorney is required. You want one when the transaction is not routine: a deed transfer outside a sale, a title defect, an owner who has died, a commercial deal with no promulgated form, an entity or trust in the chain, a survey or boundary problem, or a contract someone has modified.
Does the title company represent me?
No. The title company is a neutral escrow agent and the issuer of the title insurance policy. It does not represent the buyer or the seller, and it will not advise you on whether the deal is good for you or whether a contract provision is fair. That neutrality is appropriate — it just means nobody in the room is looking out for your side unless you bring someone.
Is title insurance cheaper at some companies than others?
No. The Texas Department of Insurance promulgates title insurance rates, and every title insurer and agent must charge the published basic premium for a given property value. You cannot shop the premium. You can shop the escrow and closing fees, which are not fixed and do vary, and you can shop for service and responsiveness — which is what actually differs.
Does my spouse have to sign if the house is in my name only?
For a homestead, yes. Texas Family Code § 5.001 provides that whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber it without the joinder of the other. This surprises people who bought a house before marriage or inherited one. A deed signed by only the titled spouse can be voidable, and title companies will not insure around it.
Do I have to record my deed?
A deed is effective between the parties once it is signed and delivered, but recording is what protects you against the outside world. Under Texas Property Code § 13.001, an unrecorded conveyance is void as to a subsequent purchaser for valuable consideration without notice. Record the deed in the real property records of every county where the land sits, and do it promptly.
Does a seller have to disclose problems with the house?
For most Texas residential sales of a single dwelling unit, yes. Texas Property Code § 5.008 requires the seller to give the buyer a written seller’s disclosure notice on or before the effective date of the contract. There are exemptions — foreclosure and court-ordered sales, transfers between co-owners, transfers to a spouse or lineal relative, estate and fiduciary transfers, and new never-occupied construction, among others. If the notice is delivered late, the buyer may terminate for any reason within seven days after receiving it.
Can you help if the owner has died?
Yes, and that is the intersection where this firm does its most useful work. Getting a deceased owner’s property into the heirs’ names is a probate question as much as a real estate one — and which route works depends on whether there was a will, what the estate owes, and what the title company will accept. See transferring property after a death.
Written and reviewed by Jireh Davis, J.D., MBA
Attorney and mediator at J. Davis Law & Mediation. Licensed in Texas. Practice focused on estate planning, probate, and business law for families and owners across Harris, Fort Bend, Montgomery, Tarrant, and Dallas Counties.
Last reviewed: September 2026 · Citations are to the Texas Estates Code, Texas Property Code, and federal law as noted.
Related pages
Deeds & Title Transfers
Which deed form to use in Texas — and why not a quitclaim.
Residential & Commercial Closings
The title commitment, the survey, and what to read before you sign.
Contract & Earnest Money Review
TREC deadlines, the option fee, and getting your money back.
Transferring Property After a Death
Getting a deceased owner’s property into the heirs’ names.
Lady Bird & TOD Deeds
Prevent this for the next generation.
Probate
When the transfer has to go through the courthouse.