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Law Firm of Badeaux & Associates
Law Firm of Badeaux & Associates

16055 Space Center Blvd., Suite 260,
Houston, TX 77062
On Space Center Blvd., near Bay Area Blvd.
(281) 486-4737

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HomePractice AreasReal Estate LawResidential Real Estate FAQ

Residential Real Estate FAQ

Residential Real Estate F…

Practice Areas

Wills and Estates

  • Wills and Trusts
  • Powers of Attorney and Directives to Physician
  • Why Choose Us for Wills & Trusts
  • Estate Taxes
  • FAQ Wills and Estates

Probate

  • Probate Estate Administration
  • Why Choose Us for Probate
  • Executor and Trustee duties
  • Guardianship of Incapacitated Person
  • FAQ Probate

Real Estate Law

  • Real Estate
  • Why Choose Us for Real Estate
  • FAQ Real Estate
  • Commercial Real Estate
  • FAQ Commercial Real Estate

Business Law

  • Business Law
  • FAQ Business Law
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Why hire an attorney if I have a real estate agent?

Even if you have an excellent real estate agent, you will need an attorney to protect your interests if you are buying or selling a house or other real property. The Texas Real Estate Commission that governs real estate contracts specifically prohibits real estate agents from giving legal advice, and states in the contract: “Consult an attorney before signing the contract.” Additionally, real estate agents don’t get paid unless the sale closes. Attorneys are objective and have the obligation to protect your interests every step of the way. The attorney’s job is to minimize the clients’ risks. Hiring an attorney to protect you in the earnest money contract for due diligence and represent you at closing could save you from problems and potential litigation after the closing, with its accompanying legal fees, court costs and delays.

Is the standard Texas Real Estate Commission Earnest Money Contract between the buyer and seller just an “offer”?

  • No, the buyers are committed to buy the real estate and the sellers are committed to sell.
  • The Earnest Money Contract is not merely an offer of “price”; rather, it binds parties to all obligations related to appraisals, inspections, repairs, survey encroachments and loan approval.
  • Buyers have the majority of the risk.

Why do we need a title company?

  • To provide title searches and check outstanding liens on the property.
  • Title company will not “take sides” if the seller and buyer dispute.
  • Title company is not responsible for the seller’s escrow at the mortgage company.
  • Title company is not responsible if ad valorem taxes increase.
  • Title company is not responsible for boundary disputes.

What are the “Closing Documents”?

  • Critical closing documents for the buyer include the loan documents, if applicable (usually 50-100 pages).
  • Critical closing documents for the seller.
  • HUD Settlement statement indicating sales price and all deductions, credits and total.
  • Proration of taxes between the seller and buyer.
  • Title company disclaimers.

Should the buyers ask the sellers to perform repairs?

  • Repairs can be the most controversial part of the transaction.
  • Sellers may not perform repairs to the satisfaction of the buyers.
  • Buyers may choose to negotiate a price reduction and perform repairs themselves.

What if the sellers and buyers have a dispute?

  • All of their remedies were those stated in the Earnest Money Contract.
  • Mediation is inexpensive and quick, but not binding.

Are New Home Construction Agreements different from Standard Earnest Money Contracts?

  • Yes, radically different.
  • There are few legal requirements on residential home builders.
  • Change orders should be in writing and designate costs.
  • Buyer should plan for:
    a.) Time Delays (temporary housing)
    b.) Cost Overruns
    c.) Interest rate increases if the house is not completed when interim loan expires

Read more about our real estate law services

Why choose our real estate attorneys

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Practice Areas

Wills and Estates

  • Wills and Trusts
  • Powers of Attorney and Directives to Physician
  • Why Choose Us for Wills & Trusts
  • Estate Taxes
  • FAQ Wills and Estates

Probate

  • Probate Estate Administration
  • Why Choose Us for Probate
  • Executor and Trustee duties
  • Guardianship of Incapacitated Person
  • FAQ Probate

Real Estate Law

  • Real Estate
  • Why Choose Us for Real Estate
  • FAQ Real Estate
  • Commercial Real Estate
  • FAQ Commercial Real Estate

Business Law

  • Business Law
  • FAQ Business Law
  • Buy-Sell Agreements
  • Franchises

Read Client Reviews

Meet Our Attorneys

joanne
Joanne M. Badeaux
Senior Attorney
In her 30 years of practicing law, Joanne M. Badeaux has had the pleasure of representing multiple generations of families in their estate planning, probate and real estate matters. Joanne has seen a… Read More About Joanne
Shelby G. Perrin's Profile Image
Shelby G. Perrin
Associate Attorney
In her over 15 years of experience, Shelby G. Perrin has drafted thousands of Wills and Trusts, and handled hundreds of Probate cases. Shelby is very dedicated to her clients and many times represents… Read More About Shelby

Contact Us
Law Firm of Badeaux & Associates
16055 Space Center Blvd., Suite 260
Houston, TX 77062
Phone: (281) 486-4737
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Law Firm of Badeaux & Associates
16055 Space Center Blvd., Suite 260
Houston, TX 77062
(281) 486-4737
www.dedicatedlaw.com
Copyright © 2023 Law Firm of Badeaux & Associates
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