Do I Need an Attorney to Buy or Sell a House in Texas?

When buying or selling a home, one of the biggest questions that arises is whether legal representation is necessary. In some states, real estate transactions require an attorney at closing, but in Texas, the process typically relies on real estate agents and title companies. However, while an attorney is not legally required, having one can be invaluable for protecting your interests, especially in complex transactions.

Texas Real Estate Transactions: The Basics

Texas follows a title company-driven closing process, meaning real estate agents and title companies handle most standard home purchases and sales. Title companies facilitate the transaction by conducting a title search, issuing title insurance, and ensuring all necessary documents are completed.

Unlike some states that mandate attorney involvement, Texas does not require a lawyer to draft real estate contracts or attend closings. The Texas Real Estate Commission (TREC) provides standardized contracts that licensed real estate agents can use to structure deals. However, these forms may not cover all possible contingencies or unique circumstances.

When Might You Need a Real Estate Attorney?

Although Texas law does not mandate an attorney's involvement, certain situations make legal guidance highly advisable:

1. Complex Transactions – If the property sale involves non-traditional financing, seller financing, lease-to-own arrangements, or unconventional terms, an attorney can help draft or review contracts to ensure clarity and legal protection.
2. Title Issues – If a title search uncovers liens, boundary disputes, or other encumbrances, a real estate attorney can help resolve these issues before closing.
3. For Sale By Owner (FSBO) Transactions – When selling a property without a real estate agent, an attorney can assist with drafting contracts, ensuring compliance with disclosure laws, and handling negotiations.
4. Commercial or Investment Properties – Buying or selling commercial properties, rental units, or land often involves additional legal considerations, such as zoning laws, lease agreements, and tax implications.
5. Estate Sales & Trusts – If the property is part of an estate, held in a trust, or involves probate proceedings, legal assistance can help navigate the necessary legal filings.
6. Legal Disputes & Contingencies – If there is a risk of a lawsuit, contractual disputes, or issues related to easements, boundary lines, or homeowners' association (HOA) rules, an attorney can help prevent potential legal complications.

What Can a Real Estate Attorney Do for You?

Even in straightforward transactions, an attorney can provide valuable services, including:

• Contract Review & Customization: Ensuring real estate agreements protect your interests and include necessary contingencies.
• Title & Lien Resolution: Identifying and addressing title defects before closing.
• Negotiation & Risk Mitigation: Helping buyers and sellers navigate contingencies, financing terms, and disclosures.
• Legal Representation in Disputes: Assisting if conflicts arise over earnest money, contract breaches, or closing delays.

The Bottom Line

While Texas does not require an attorney for residential real estate transactions, having one can be beneficial in complex situations or when extra legal protection is needed. If you're unsure whether you need legal assistance, consulting a real estate attorney before finalizing a deal can help safeguard your financial and legal interests.

Have questions about real estate transactions in Texas? Explore our resources or reach out to learn more about how The Keller Firm supports buyers and sellers in navigating property transactions.

Disclaimer: This website is for informational purposes only and does not constitute legal advice. Do not act or refrain from acting based on the content of this site. Use of this site or communication with The Keller Firm through this site does not establish an attorney-client relationship.