Real Estate Litigation

Earnest money fights, failed closings, boundary and title disputes, and contract claims over real property in San Antonio, Laredo, and across Texas.

When a real estate deal falls apart or a property dispute turns into a legal fight, the facts and the paper trail decide the outcome, and Texas deadlines move quickly. 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.

Disputes we handle

  • Earnest money disputes
  • Failed closings and breached purchase contracts
  • Specific performance and lis pendens
  • Boundary, easement, and title disputes
  • Misrepresentation and nondisclosure claims in sales
  • Commercial real estate contract disputes
  • Business disputes tied to real property

How these disputes work in Texas

Earnest money. In most residential sales, the title company holds the earnest money and releases it only according to the contract. If the buyer and seller disagree about who gets it, the standard TREC contract sets out a written release and demand process with short response windows, and a party who wrongfully refuses to sign a release can owe damages, the earnest money, and reasonable attorney's fees. When the parties still cannot agree, title companies commonly file the funds with a court through an interpleader and step aside. Because fees can approach or exceed the deposit, these disputes need a plan early.

Failed closings. If a party defaults, the contract's default provisions control the remedies. Depending on the contract and who defaulted, remedies can include terminating the contract and recovering earnest money, seeking damages, or asking a court to order the other party to perform (specific performance).

Lis pendens. When a lawsuit involves title to real property, an interest in real property, or enforcing an encumbrance, a party seeking affirmative relief may record a notice of lis pendens that warns buyers and lenders the property is in litigation. It must contain specific information and be served on the other parties with an interest in the property within three days after it is filed (Property Code § 12.007). A lis pendens can also be challenged and expunged, so it needs to be used carefully.

Boundary and ownership disputes. Title and boundary disputes often begin with a survey and a review of the deed history. Texas also has adverse possession statutes with periods of three, five, and ten years under different conditions (Civ. Prac. & Rem. Code §§ 16.024–.026), and a lawsuit to determine title to land is brought as a trespass to try title action (Property Code Chapter 22).

Deadlines. Breach of contract claims generally carry a four-year limitations period (Civ. Prac. & Rem. Code § 16.051), and fraud claims generally carry four years as well (§ 16.004). Many contracts also contain their own notice and dispute resolution terms, and a contract cannot shorten the time to sue to less than two years (§ 16.070). Exceptions apply.

Steps to take now

  1. Do not ignore a written demand or a release request. Deadlines in the contract can start running when it arrives.
  2. Gather the contract, all addenda and amendments, the survey, the title commitment, inspection reports, and every email and text message with the other side and the title company.
  3. Put your own demands in writing and keep proof of delivery.
  4. Do not sign a release of earnest money or a settlement document before you understand what you are giving up.
  5. Contact a lawyer before you record anything against the property.

Why Davila Cobos

Real estate disputes are a core part of our litigation practice, and we serve buyers, sellers, investors, and property owners in San Antonio and Laredo.

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 claim disputes from inception through trial. That background gives him a close view of how the other side evaluates a dispute, builds its position, and decides whether to settle or fight. Today he handles real estate litigation, construction defect claims, insurance claim disputes, business litigation, and real estate transactions, so he sees these disputes from the deal table as well as the courtroom.

Here is how we approach a real estate dispute:

  • The contract first. We start with the purchase contract, the addenda, and the TREC forms, because default, termination, and attorney's fee provisions usually decide who has leverage.
  • Deadlines before strategy. We map every notice, objection, and limitations deadline up front so a missed date does not cost you the claim.
  • Protecting the property. When it is warranted, we evaluate whether a lis pendens or other relief is available, and we weigh the risks of using it before anything is recorded.
  • Earnest money with a plan. Because fees can approach or exceed the deposit, we discuss costs and options early, including negotiated releases and interpleader outcomes.
  • Direct access. You work directly with the attorney handling your case, not a rotating cast of staff.
  • Straight talk. You get a candid assessment of your position, the risks, and the likely costs before you decide how to proceed.

Frequently asked questions

Can I get my earnest money back if I back out of a deal in Texas? Sometimes. It depends on why the deal ended and what the contract provides, for example the option period, financing, and title provisions, and the default terms. A title company will generally release the money only with the parties' agreement, after the contract's written release and objection process has run, or under a court order.

Can a court force a seller to close? In some cases a court can order specific performance, depending on the contract, the facts, and whether the buyer remained ready, willing, and able to close.

What is a lis pendens, and can I file one? It is a recorded notice that a lawsuit affects title to real property. It is available only in certain kinds of lawsuits, only to a party seeking affirmative relief, and only with specific contents and service, and it can be challenged.

Who pays the attorney's fees in a real estate contract dispute? Many contracts, including the standard TREC forms, address attorney's fees. Whether fees are recoverable and by whom depends on the contract and the outcome.

Talk to a lawyer

Call (210) 660-8548 or email christian@davilacoboslaw.com. San Antonio, Texas, serving San Antonio and Laredo.