Legal Question in Real Estate Law in Texas
Sale of Residential Property
Can you please tell me how legal it is to sale a property of a house that is in waco, tx by simply writing up a paper & having it notorized. Will it stand up in court & what if the person buying the property happens to pass away what happens to the sale of the house, would it then become null & void. Thank You for all your help I appereciate it.
1 Answer from Attorneys
Re: Sale of Residential Property
The only document necessary to pass title is a deed. It needs to be notarized and filed of record in the office of the McLennan County Clerk if the property is in Waco. Once the deed is recorded, then whether the seller is alive or dead is not an issue. However, other things may be a problem such as delinquent taxes, judgments, tax liens, or, in general, the status of the seller's title. Did the seller have clear title to pass to the buyer?
It really doesn't cost much to check these things out and will save a lot of headaches in the future if there are existing problems.