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Commercial real estate transactions are a pivotal aspect of the Texas economy. The cornerstone of these transactions is the exchange of commercial deeds, which legally transfer ownership from one party to another. This page aims to shed light on the intricacies of deeds for Texas commercial properties, ensuring you’re well-versed for your upcoming commercial endeavors.
A commercial deed is a legal document that conveys the title of a commercial property from the seller to the buyer. It’s an indispensable component of commercial real estate transactions in Texas. For a commercial deed to be valid in Texas, it must:
In Texas, there are three primary types of commercial property deeds utilized in commercial real estate transactions:
In Texas, the Recording Act mandates that commercial deeds and other conveyances be recorded to be enforceable against third parties. While an unrecorded deed is valid between the buyer and seller, recording the commercial property deed protects the buyer against claims from third parties.
Notice, whether actual, constructive, or inquiry, plays a significant role in determining the rights of subsequent purchasers. Bona Fide Purchasers—those who purchase property without notice of prior conflicting interests and for valuable consideration—hold a privileged position under Texas law. Ensuring proper recording and understanding the nuances of notice can mitigate risks associated with commercial real estate transactions.
Navigating the landscape of commercial property deeds in Texas can be intricate. Engaging with experienced real estate attorneys can provide invaluable assistance, ensuring that your commercial transactions are executed smoothly and in compliance with Texas law.
*Please note: Due to the costs involved and the favorability of land in Texas per contract and common law, we currently are not accepting residential tenant defense cases.