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Property Transactions Attorney in Montgomery County, TX
A Texas property contract can be signed in an afternoon. The problems buried in it can take years to show up.
A tax bill you did not budget for. A deed that does not match the survey. A seller-financed note nobody wrote down properly. We read the paperwork while you can still walk away.
Let’s TalkDo you need a lawyer to buy or sell property in Texas?
No Texas law requires one. Most home sales close at a title company, using contract forms written by the Texas Real Estate Commission.
A lawyer earns the fee when the deal leaves those standard forms. Think of a sale by owner, seller financing or raw land. Commercial buildings, LLC purchases and inherited property belong on that list too.
It also helps to have someone on your side read the title commitment and seller's notices. Do it before your option period ends.
Ask About Your DealTexas Makes the Seller Hand You Paperwork. Read It Before You Sign.
Three documents come up in almost every Montgomery County home sale. Each one has a deadline. Each one gives you rights if it arrives late.
| Document | What Texas law says | Why it matters to you |
|---|---|---|
| Seller's Disclosure Notice | Required for most homes with one dwelling unit. It includes flood questions, such as whether the home sits in a 100-year floodplain. | If you get it after you sign, you may end the contract for any reason within seven days. |
| MUD notice | A seller in a municipal utility district must give written notice before a binding contract. It covers the district's tax rate and bond debt. | The MUD tax is a separate line on your property tax bill. Know it before you agree to a price. |
| HOA resale certificate | The association must deliver it within 10 business days of a written request. The fee is capped at $375. | It shows assessments, unpaid balances, lawsuits against the association and any right of first refusal. |
Sources: Tex. Prop. Code § 5.008; Tex. Water Code § 49.452; Tex. Prop. Code § 207.003.
One more rule sits under all of this. A contract to sell real estate must be in writing and signed to be enforced. A handshake deal on acreage is not a sale in Texas. It is a conversation.
Source: Tex. Bus. & Com. Code § 26.01(b)(4).
Your Agent Fills In Forms. A Lawyer Can Change Them.
Texas real estate agents do valuable work. But the law limits what they may draft. An agent who is not a lawyer may not draft documents that affect title. Nor may they advise you on whether those documents are valid.
Agents may fill in forms the Commission has approved, or forms a lawyer has prepared. That is why an unusual term often ends up squeezed into a small box on a standard form.
Some deals need a custom addendum, a seller-finance note or a deed with special terms. Others need advice on title. That is legal work, and it belongs with an attorney.
Source: Tex. Occ. Code § 1101.654.
Some Deals Almost Always Need an Attorney
Most standard resales close fine with a good agent and a title company. These are the ones that usually do not fit the standard forms.
Sale by owner
No agent on either side. Someone still has to prepare the contract, the notices and the deed correctly.
Seller financing
The seller carries the note. The note, the deed of trust and the payment terms need to be written with care.
Land and acreage
Raw land often raises access, easement, survey and mineral questions that a house sale does not.
Commercial property
Office, retail and warehouse deals use different contracts. The due diligence list is longer.
Buying in an LLC
Holding property in a company has tax, lending and liability effects. Plan it before closing, not after.
Inherited property
Heirs often need to settle who owns what before anyone can sign a deed to a buyer.
How We Handle a Purchase or Sale
Read the contract early
Ideally before you sign. At the latest, early in the option period, while you can still end the deal.
Review the title commitment
We go through the exceptions line by line. Liens, easements and old deed restrictions show up here.
Check the seller's notices
Disclosure, MUD and HOA documents are compared against the contract and against each other.
Draft what the forms cannot
Special provisions, a seller-finance note or a custom addendum. Or a deed with terms that fit your deal.
Review the closing package
The deed, the settlement statement and the loan papers are checked before you sign them.
Confirm the deed is recorded
Recording puts the world on notice that you own the property. We confirm it happened.
Found Something in the Paperwork?
Send it over before the option period runs out. A quick read now can save a dispute later.
Let’s TalkWhat Is Different About Buying Here
Montgomery County has grown fast, and much of that growth came as master-planned subdivisions. Around The Woodlands, Spring and Magnolia, a new home often carries an HOA, a MUD, or both.
That is not a reason to walk away. It is a reason to know the full monthly cost, not just the mortgage payment.
Flooding is the other local question. Neighborhoods near Spring Creek, the San Jacinto River and Lake Conroe deserve a close read of the seller's flood answers. Ask about past flood insurance claims too.
Deeds here are recorded with the Montgomery County Clerk at 210 West Davis in Conroe. The office also accepts e-recording. Our own office is on Magnolia Circle in Magnolia, a short drive from most of the county.
Source: Montgomery County Clerk, Recording and Research.
When You Probably Do Not Need Us
We would rather tell you now than bill you later. A standard resale with a conventional loan, an experienced agent and a title company often closes without a lawyer.
Call us if something in the paperwork does not match what you were told. Call us if a term does not fit on the form. Those are the moments a short review pays for itself.
About Your Attorney
Andres Arguello
Andres Arguello represents buyers, sellers, families and business owners across Montgomery County from The Arguello Law Office, PLLC. His practice covers real estate, business law, estate planning and insurance claims.
That mix matters in property work. A sale can turn into an estate question, or a company question, halfway through. Some of our real estate clients come to us through local agents, once a deal stops fitting the standard forms.
We serve clients in English and Spanish. Se habla español.
Frequently Asked Questions
Is a real estate lawyer required at closing in Texas?
No. Most Texas closings happen at a title company, and no law requires a lawyer. Many buyers and sellers still hire one to read the contract and title before closing.
What is a MUD, and why does it show up in my contract?
A municipal utility district builds water, sewer and drainage for a neighborhood. It repays its bonds through its own property tax. Texas requires the seller to give you written notice before you sign.
What happens if the seller gives me the disclosure notice late?
Texas Property Code section 5.008 gives you a way out. You may end the contract for any reason within seven days of receiving it.
Can my real estate agent write a special clause for me?
Only within limits. Texas law bars agents who are not lawyers from drafting documents that affect title. Custom terms usually need an attorney.
Can you help if I am selling a house I inherited?
Yes. The first step is confirming the heirs have clear authority to sell. That often connects to estate administration work we already handle.
Do you work with Spanish-speaking buyers and sellers?
Yes. We serve clients in English and Spanish. Se habla español.
Before You Sign, Let Us Read It
A short review before the option period ends costs far less than a problem found after closing. Talk with a Montgomery County real estate attorney about your deal.
Call 832-286-6291
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Sunday – CLOSED
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