We’re Attorneys Helping Clients with Real Estate Transactions & Property Law

Our real estate attorneys have long experience in helping clients with transactions involving all types of real property.  Whether you’re working on buying or selling or whether the property is commercial, residential or empty land, our attorneys can guide you through the process.

We have four offices in three counties across Southeast Texas. Our offices are in Wharton in Wharton County, Fulshear and Richmond in Fort Bend County, and Bay City in Matagorda County. Call or text 800-929-1725 for an appointment or click this link to schedule an appointment online. Our appointments can be in-person, online or by phone.

We’re often asked about the real estate transaction information clients should bring to that first meeting with the attorney.  Very frequently we have clients come in and ask for assistance in real estate transactions.

It can be something as simple as buying a lot for cash to purchasing larger tracts of land. There’s essential information that is always required for these type of real estate transactions, no matter how simple or complex they are. So this is a primer on the information that you’ll need as a client for your initial meeting with your lawyer.

Who are the Parties to the Real Estate Transaction?

First we need to know who are the buyers and who are the sellers? So, if you’re the buyer, obviously that’s you. And who are the sellers? Is there only one seller? Are there multiple sellers? Are there multiple owners of this piece of property that you want to purchase? Also, if you’re the seller, you may have met with one of the buyers, but are there more people going to be the buyers in this transaction? Or will it be an entity, and if it is, what’s the name of the entity? So it’s really important to get the names of the parties first and foremost.

We Need a Description of the Property

Next, the description of the land involved. As best you can, or as best as the seller can, provide your attorney with a good description of the property. That description of the property could be as simple as Lot 2, Block 10 in such and such a subdivision, or it could be a very detailed legal description that covers pages and pages that will be attached to the earnest money contract as Exhibit A.

What’s an Earnest Money Contract in a Real Estate Transaction?

Let’s talk about the earnest money contract. What I’ve talked about so far are the parties and the legal description as key components of a contract.

If you are buying and selling land, you want as much certainty as possible. You want that agreement in writing, and the agreement is typically referred to as an earnest money contract.

Realtors and attorneys have a very standard form that we oftentimes use, and it’s promulgated by the Texas Real Estate Commission. There’s other organizations that promulgate this form as well, but it’s a standard earnest money contract that most title companies recognize and ask for. So, we start with filling out this earnest money contract with the names of the parties, the legal description, and then, of course, the terms of the deal.

What are the Terms of the Real Estate Contract?

How much is the property going to cost? Is the buyer going to obtain financing? If so, what will be the terms of the financing? And then who will be paying certain costs? Which closing costs? Who will be paying for the survey? There’s no standard written arrangement so the parties must include this information in the contract. Then there’s closing costs, cost of the title policy, and if there will be a title policy.

What Is a Title Policy?

A title policy is an insurance policy that title companies, through their underwriters, issue providing for insurance that the seller actually is the owner of the property. Title insurance can also insure to other points of the property as well. By example, the actual amount of land that’s proposed to being sold is the actual 10.5 acres, and not 10.6 acres. So, that’s also something that will be agreed to and set out in the earnest money contract.

The earnest money contract also contemplates a closing date. The parties in the contract agree this transaction will be closed on or before such and such date. Once the earnest money contract has been signed and delivered to a title company, the title company will begin to research the title on the property so that a title commitment can be generated.

The title commitment essentially says a title policy will be issued if certain steps are completed by buyer and seller by and through the title company. At time of closing, to finalize the transaction obviously money needs to change hands. That’s typically taken care of through the escrow agent at the title company, and a deed.

So, the seller will sign a deed, and the deed may or may not be signed by the buyer. There are certain situations the buyer will sign the deed also, accepting the property. In other situations, the buyer won’t. But that deed, upon signing and being notarized, will then be recorded in the public records in the county in which the property is located. With the recording of the deed and the exchange of the sales price or consideration, the transaction will be completed.

Our Real Estate & Property Lawyers Can Help You

The real estate attorneys at Wadler, Perches, Kerlick have years of experience in guiding clients through a variety of property transactions.  Whether it’s the sale of commercial property, or the purchase of a home, or the partition of an undivided interest in property, we can help you.  We also offer expertise in helping clients through the condemnation and eminent domain process.