Real Estate Transactions

Purchase contracts, deeds, title review, leases, and closings for buyers, sellers, investors, and owners in San Antonio, Laredo, and across Texas.

Most real estate problems begin with a deal that was papered carelessly. A few hours of legal review before you sign can save you from a title defect, an unclear contract term, or a closing that falls apart. We are a San Antonio litigation firm serving clients in San Antonio and Laredo, led by Christian A. Davila Cobos, a Texas attorney licensed since 2013.

Transactions we handle

  • Residential and commercial purchase and sale contracts
  • Contract review and negotiation before you sign
  • Deeds, including warranty deeds, special warranty deeds, and transfer on death deeds
  • Title commitments, surveys, and title objections
  • Commercial and residential leases
  • Seller financing, promissory notes, and deeds of trust
  • Options, rights of first refusal, and letters of intent
  • Easements, access, and boundary agreements
  • Transfers of property into an entity or between family members
  • Closing coordination with the title company and lender

How real estate transactions work in Texas

The contract must be in writing. A contract to sell real estate generally must be in writing and signed to be enforceable (Business and Commerce Code § 26.01), and a conveyance of land must be in writing, signed, and delivered by the seller (Property Code § 5.021).

Standard forms and custom contracts. Real estate agents generally use contract forms promulgated by the Texas Real Estate Commission (TREC) for residential sales, and those forms work for many deals. They do not fit every situation, and an attorney can draft or modify a contract for transactions the forms do not handle, such as seller-financed sales, land deals, and commercial properties.

Disclosures. Sellers of most residential property must give the buyer a written seller's disclosure notice (Property Code § 5.008). Incomplete or inaccurate disclosures are a common source of later disputes.

Title and survey. The title commitment lists the exceptions a title insurance policy will carry, and the survey shows what you are actually buying. Problems found early can usually be fixed or negotiated. Problems found after closing become lawsuits.

Recording matters. An unrecorded deed can lose to a later buyer or lender who has no notice of it, so a deed should be recorded promptly (Property Code § 13.001).

Homestead. Conveying or borrowing against a Texas homestead generally requires the signature of both spouses, and moving a homestead into an entity can affect its protections.

Seller financing. When a seller finances the sale, Texas law and federal mortgage rules can apply, including special rules for contracts for deed (Property Code Chapter 5, Subchapter D). Which rules apply depends on the structure and on whether the buyer will live in the property.

Deeds that take effect at death. A transfer on death deed lets an owner name who receives real property at death without probate, but it must meet the formalities of a recordable deed, including signature and acknowledgment, and be recorded before the owner dies to be effective (Estates Code Chapter 114).

Mistakes to avoid

  1. Signing a contract, or an addendum, before reading the termination, default, and earnest money terms.
  2. Waiting until the option period is almost over to review the title commitment and survey.
  3. Relying on a handshake or text message for an extension, repair, or price change.
  4. Using the wrong deed for the deal, or signing a deed that does not match the contract.
  5. Skipping the lender and title company when moving property into an entity, which can trigger a due-on-sale clause or affect title insurance.
  6. Not recording a deed.
  7. Using a generic internet form for a seller-financed sale or a commercial lease.

Steps to take before you sign

  1. Send the contract and every addendum for review before you sign, not after.
  2. Gather the title commitment, survey, seller's disclosure, inspection reports, and loan terms.
  3. Note every deadline in the contract, especially the option period, financing, title objection, and closing dates.
  4. Put every change in a signed written amendment.
  5. Confirm exactly who will sign for each party and in what capacity.
  6. Call us as soon as something changes, before a deadline passes.

Why Davila Cobos

We handle real estate transactions alongside real estate litigation, and that combination is the point.

Christian A. Davila Cobos has been licensed in Texas since 2013. Before founding the firm, he was a senior attorney at a nationwide insurance defense firm, where he handled disputes from inception through trial. He knows how deals get litigated, which contract terms get fought over, and which gaps cause the next lawsuit. That experience shapes how we draft and review every transaction.

Here is how we approach a transaction:

  • Written for a dispute. We draft and review contracts with the question in mind, what would this say if a judge had to read it.
  • Deadlines mapped early. We identify every option, financing, title, and closing deadline up front.
  • Practical, not padded. We focus on the terms that carry real risk and explain them in plain language.
  • Coordinated closings. We work with your title company, lender, agent, and tax advisor so the pieces fit together.
  • Direct access. You work directly with the attorney handling your matter, not a rotating cast of staff.
  • Straight talk. You get a candid recommendation, including when a deal is not worth the risk.

Frequently asked questions

Do I need an attorney to buy or sell a house in Texas? Not always. Many residential deals close using TREC forms and a title company. An attorney is most useful when the deal is unusual, the stakes are high, the property is commercial or has title issues, or something goes wrong.

Can you review a contract before I sign it? Yes, and that is the best time to bring us in. Review before signing is usually faster and cheaper than fixing problems later.

What is the difference between a warranty deed and a special warranty deed? A general warranty deed promises good title against all claims, including those that arose before the seller owned the property. A special warranty deed promises only against claims arising during the seller's ownership. The right one depends on the deal.

Can I seller-finance my property? Often, but the rules are specific, and a poorly structured deal can create exposure for the seller. Talk to a lawyer before agreeing to terms.

What if the deal falls apart before closing? See our real estate litigation page for earnest money disputes, failed closings, and specific performance.

Can you help me hold property in an LLC? Yes. See our page on business structuring for real estate investors.

Talk to a lawyer

Are you considering a real estate transaction? Call (210) 660-8548 or email christian@davilacoboslaw.com.