Best Real Estate Lawyers in Dallas, TX

FAQs

• What is the non-emergency contact number for the local police station in Dallas, Texas?

  For non-emergency concerns, call the Dallas Police Department at (214) 744-4444.

• Where can I get a copy of police reports for incidents related to my case in Dallas, Texas?

  To get a copy of a police report, go to the Dallas Police Department Open Records Unit at 1400 Botham Jean Dallas, Texas 75215, and make a request at the customer service window. You need to provide the name of the person involved, the date and location of the incident or arrest, and the Police Service Number if available. You can also mail a report request to the same address mentioned above. Reports usually cost $0.10 per page for requests made through the customer service window and $0.50 per page for requests through the mail. For more information, call (214) 671-3345.

• Do you get notified if your property is to be foreclosed in Dallas?

  Yes, it is part of the actions a Dallas lender must undertake in the period between a missed payment and the foreclosure. Pursuant to Code of Federal Regulations Title 12 Section 1024.39, lenders are required to conduct live contact with you if you fail to post payment. Live contact must be made within 36 days of the date your payment was due. Furthermore, you should receive a written notice within 45 days after the due date.

• Is it safe to enter a subject-to-transaction sale in Dallas?

  In a subject-to-transaction sale, the buyer takes over the seller's existing mortgage. This can be a good option for buyers who are unable to get a mortgage themselves and for sellers who need to sell quickly or who have a property that is difficult to sell. However, there are also some risks involved in subject-to transactions, such as the lender foreclosing on the property, the buyer defaulting on the mortgage, or the sale documents being unfair to one party or the other. A Dallas real estate attorney can help to mitigate these risks by drafting a fair sale contract and deed of trust and by obtaining the lender's written consent.

• Is there anything you can do if your co-owner refuses to sell your half of a Dallas real estate property?

  Yes. If your co-owner refuses to talk about splitting the property or refuses to sell, you can bring a partition action. Real estate owners in Texas have absolute rights to partition; therefore, a co-owner cannot oppose it. Filing a partition lawsuit permits the court to order the sale of the property and the distribution of the sale proceeds among the co-owners.

• When are deed transfers for real estate required in Dallas?

  Deed transfers in Dallas are required when you are selling real estate and when you need to update names on a title, such as changing or removing one. The deed transfer must be notarized and submitted to the County Clerk/Recorder’s Office with jurisdiction over the property’s location. The County Clerk's Office for Dallas properties is located at 500 Elm Street, Suite 2100, Dallas, TX 75202.

• Can someone claim ownership of a real estate property in Dallas just by using it for a long time?

  Yes, particularly if the user has been cultivating the property, holding a color of title, and making tax payments on the Dallas property for five years. The property user can claim “adverse possession rights." As the property owner, you have three years to claim your estate with a color of title and five years if the user has also been paying taxes and cultivating the land. This is according to the Texas Civil Practice and Remedies Code Sections 16.024-025.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.