Apr 20, 17 • News, Real Estate

the process of buying a house in texas

When it comes to buying a house anywhere, the process is one that can be drawn out by unique and arcane laws that are in place. For a resident of Texas or any out-of-state investor who’s considering the purchase of a home, the Lone Star State brings with it some issues that offer a compelling reason why hiring a quality real estate lawyer to represent your interests is always a good idea.

Key Points to Consider

Texas is among the select group of states that don’t require a home buyer to have a lawyer to assist in this process. While that obviously can save the buyer some money, it runs a strong risk of being a costly mistake if the contract isn’t carefully pored over by someone with the experience to know what to look for in such deals.

Some potential buyers choose to wait until the final stages of any purchase before bringing in legal help. That may preclude the buyer from receiving experienced advice from a lawyer that is familiar with all of the circumstances that are involved when it comes to the entire scope of buying a home.

The Disclosure Form

A disclosure form that the state requires each home seller to offer specific details about the condition of their home. For example, any current defects either need to be fixed before the sale or explained within the form. In addition, there may be deed restrictions or fees as part of living in a select community that must be disclosed.

Newly-built residences aren’t required to have such paperwork. However, the threat of lead exposure and other hazards within older homes are why any home that was constructed before 1978 requires compliance with federal Title X laws.

Contingencies

While the selection of a particular home comes down to the individual tastes of the buyer, a coordinated effort is something that should be done when an offer is eventually made. Texans must make a written offer when buying a house, which can be crafted in consultation with an experienced real estate lawyer and allows for an astute gauge of whether or not it’s a sufficient price.

That lawyer can also make sure to include any and all contingencies that will be in the final contract. Including such information allows the buyer to legally back out of a deal if any specific circumstances listed occur. These include ones based on the ability to obtain proper financing or a negative home inspection report.

Having an attorney who is familiar with other possible regional dangers is important. That’s because issues like hurricanes or even earthquakes will make sure that any insurance contingency will protect the buyer. In some cases, even more unique possibilities may be known by the lawyer, which enhances their overall value.

The Issue of Earnest Money

The issue of putting up earnest money, or escrow, is a good faith effort that can be negotiated. Determining what should be part of the final agreement and the amount of earnest money involved is again another area where quality legal help is beneficial. That’s because the potential buyer could lose their escrow if they’ve neglected a key area within the deal.

Once that’s been agreed upon, that same attorney can assess the title commitment and help obtain title insurance. This is another area where legal assistance is vital, since some negotiating may be required to come to terms on which side pays for areas of dispute or whether the overall purchase price should be lowered.

Closing Time

Once the escrow period has ended, the closing will then bring the transaction to an end. While many buyers and sellers come together at this time, it can be done separately. At this point, the buyer will receive the deed to the home, with this process usually not taking longer than a single day, if not shorter.

Choosing Right

Buying a house is usually the largest investment in a person’s life, which means that they can’t afford to make a crucial mistake that’s going to ruin the value of their new home. Texas real estate law can be tricky to navigate, which is why having a real estate lawyer from the Farah Law Firm by your side is a reassuring thought.

We know from experience about each step of the process and can help you make sure that all the right choices at each step along the way are made. So when you’re in the market to buy a home in Texas, make sure to contact Farah Law Firm and we’ll help turn any potential danger into a soothing comfort zone that you can trust.

Michael Farah

About Michael Farah

Michael Farah is the founder and managing attorney of the Farah Law Firm. Mike graduated from the University of New Hampshire School of Law and is licensed to practice law in Texas and New York.

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