Legal Question in Real Estate Law in Texas

Purchase of Land -

Me and my spouse are buying an unimproved lot (less than 1/2 acre) within the city limits from another couple. This lot ajoins our backyard and will become part of our backyard. With the low cash price of $2,000. and no liens, is there any reason for a lawyer or title company. I feel we can type up quitdeed or general warranty deed and Seller's affidavit of no Liens, get notarized, and record both in courthouse and be through with it. Is a contract or closing necessary? Which deed (quitdeed or warranty deed) would be appropriate? Thank you.


Asked on 8/22/01, 10:16 am

1 Answer from Attorneys

Joshua Wintters Law Offices of Joshua Wintters

Re: Purchase of Land -

Hello there --

As a buyer you will want all of the protection you can get. You will want to make sure that there is nothing recorded in deed records regarding the property, that there are no city administrative actions pending, that there is no environmental issues or EPA investigations, and that the seller provides to you the highest warranties possible. Contracts for deed are effective to see to a proper transfer, and to "lock in" parties to the transfer; however, they are not a requirement. The deed itself for the buyer should be a warranty deed, so as to give the buyer the utmost protection and recourse. Quitclaim deeds may end up transfering nothing (circumstantially) and provide little protection or recourse. There is likely no need for a closing company or escrow service for such a transaction, but there is a need for properly drafted documents and recordation of the same. Although I will admit bias as being an attorney, a laywer's service for drafting and recordation are generally so cheap, that it is worth the money to make sure the transfer is "done right". Hope this helps.

If you have further questions or if I may be of assistance to you, please feel free to e-mail me at: [email protected] or call 254.756.5004 Thanks and all the best, JW

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Answered on 8/22/01, 2:20 pm


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