Disclaimer: The opinions given here are based on general fact situations and therefore cannot apply to every situation.  An attorney should be consulted to review your specific circumstances.

Commonly Asked Questions about Real Estate

1. Do I need a lawyer if I am buying or selling my house?

     If you have a competent realtor, probably not.  However, if you are buying a property, it is important to insure that no title impediments (liens, easements, mineral conveyances, restrictive covenants etc.) exist.  This may require the expertise of an attorney to review a title company commitment and explain to you the exclusions to title insurance coverage contained therein.  If in doubt, consult me.

2. What is the difference between a warranty deed and a quitclaim deed?

     A warranty deed grants specific interest in a property to a grantee.  A quitclaim deed grants whatever interest the grantor possesses in the property to the grantee.  For instance, if an individual owns some unknown interest in real property and is asked to convey that interest, a quitclaim deed would be appropriate because no representations regarding the extent of ownership or warranty of title are being made.  Title companies prefer that warranty deeds be given when real property ownership is clear.

3. Do I need to have an attorney prepare a title abstract if I am buying or selling property?

    In a real estate transaction in Texas, issues of title are addressed through the procurement of title insurance through a reputable title company. By obtaining title insurance, a title company is legally responsible to resolve any title conflict that may arise, or if unable, to reimburse the property buyer to the extent of the policy coverage.