DEEDS, NOTES, AND DEEDS OF TRUST
Explanation and Engagement Letter for Residential Document Preparation
Online Process. Preparation of deeds, notes, and deeds of trust is now handled online by email, not in the office. Office visits are not included in the online fees quoted below.
Initial Consultation Recommended. A consultation is the best way to discuss an overview of a real estate transaction. Proceeding with a document request without an initial consultation is at your own risk. We will follow your instructions; however, if we invest time and work in a document, and it turns out that the document requested was not the correct choice, then all stated fees and costs still apply. We do not absorb any loss or the costof new or replacement documents if a client proceeds without an initial consultation and orders the wrong documents as a result.
Consultation May be Required. In complex or document-heavy situations, we may, at our discretion, require a paid consultation in order for us to gather facts and supporting documents before proceeding.
Information Required for Document Preparation. In order to prepare documents, we usually need:
1. a copy of the final executed earnest money contract, if any;
2. the full street address of the property;
3. a copy of the existing warranty deed or title commitment;
4. the names and mailing addresses of the participants (grantor and grantee);
5. marital status of each participant;
6. if an LLC is involved, we will need a copy of the LLC approval (the Certificate of Filing) from the Secretary of State;
7. a list of complex or creative custom clauses, if any are to be included (these will increase fees); and
8. your signature on this engagement letter.
Legal Fees. Simpler, customary documents are $350 each. More complex documents with custom provisions range from$450 to $550.Two or more documents ordered at the same time involving the same transaction (e.g., a closing package) are $275 each. Additional legal services beyond document preparation are available at our regular $350 hourly rate or a posted flat fee if applicable. Our complete fee schedule is available at “Fees & Policies” on the website. We strive for full transparency when it comes to fees.
Legal Fees are Guidelines. Fees quoted are guidelines only and may be adjust if a matter or transaction is unusually complex or document heavy. Posted fees are subject to change without notice. Also, we reserve the right to vary quoted fees based on specific circumstances and to decline any case at our sole discretion.
Recording Excluded from Legal Fees. Our online clients record their own documents since they have the original in hand(we do not) and only executed and notarized originals can be recorded in the county clerk’s real property records. We do not collect for recording fees, only document preparation. Our legal fees exclude both recording fees and the act of recording the document with the county clerk.
Recording of Executed Originals. Recording of the executed and notarized original warranty deed or deed of trust is easily done by the client by U.S. Mail. All 254 Texas counties post their per-page recording fees on their websites. Recording fees for deeds average $30. The longer the document, the larger the fee. We can provide a blank cover letter for you to use.
Initial Consultation. An initial consultation is not normally needed in the preparation of individual deeds, notes, and deeds of trust. However, in complex situations and at our option, we may require that the process begin with a paid consultation ($250) in order to gather facts and discuss the details of the transaction.
Keying in Metes and Bounds. If there is a metes and bounds legal description that needs to be re-keyed by us(rather than the usual brief lot and block) then an additional fee of $75 applies.
Special Deed Provisions. If the client wants special provisions or custom clauses included in the deed, please let us know what these are in advance. We may require an initial paid consultation to discuss these. Inclusion of extensive custom or creative provisions increases the fee to $450 – $550 per document.
Advance Payment is Required. We do not send bills after the fact for online services. If you require a statement before proceeding, please let us know.
No Hourly Accounting for Flat Fees. The flat fees quoted above are not held in trust or escrow. They are earned when paid. No hourly accounting is ever kept or made in flat-fee matters and the client has no right to demand one.
We Advise and Represent One Side Only. We only ever advise and represent one side of a real estate transaction. We never attempt to “represent both sides.” Absent advance instructions to the contrary, we always prepare documents in the best interests of our client.
Not Full Representation. Preparation of individual documents such as a deed is a limited, closed-end service that does not include ongoing legal advice or representation in the broader transaction. We are available for full representation but not at a low document-preparation fee.
Multiple Properties. If more than property is being transferred, we would ask that you write the full street address of the property at the top of the deed, or otherwise help us distinguish which file is which in the email attachments you send us.
No Carry-Over. Documents prepared for one transaction (e.g., a special provisions addendum) do not “carry over” to other properties or transactions. Our fees are per transaction and per property. Each transaction bears its own stand-alone legal fees and costs.
Finality of Documents. Documents we prepare are considered final 3 business days after delivery to you. Please get back to us with any needed corrections or changes before then.
Documents are Proprietary and Supplied in PDF Format. Deeds are supplied in pdf format only. These are proprietary documents subject to copyright and are licensed (not sold) to the client for single use in a specific transaction. They may not be copied, disseminated, or re-used.
Title Policy or Title Report. If our client is the buyer or lender, you are advised to obtain a title policy or at least a title report on the property prior to closing in order to determine if the seller has good title and/or if there are existing liens, judgments, easements, or restrictions affecting the property. This is not our responsibility. We are not a title company and do not check title.
Doc Prep Fees Not Contingent on Closing. Payment of fees for documents is never contingent upon a successful closing. Our office does not take that risk. There is no refund if a transaction does not close.
No Escrow Available. We do not offer escrow services. We do not receive, hold, or distribute client funds.
No Closings Available. We do not offer free in-office closings. This firm prepares documents only.
Our Attorney Also has a Real Estate Broker’s License. Our attorney is a licensed Texas real estate broker. However, this office is primarily a law firm and the services we provide are primarily legal in nature. Any brokerage representation by us requires a signed written agreement in advance.
A Lawyer Does NOT Replace a Realtor. Although this law firm offers real estate contract and document-related legal services, it is important to understand that we do not substitute for a real estate agent or broker and all the various services and ongoing support that these licensed persons typically provide. Requesting advice from a lawyer does NOT substitute for the broader services of a real estate agent or broker.
No Guarantees. Lawyers do not make guarantees. No guarantees are ever made as to the outcome of any matter on which this firm is engaged.
No Texting Please. We do not offer consultations or any other legal services by text. While texting may be suitable for casual communications, texting of sentence fragments and one-liners is not suitable for a nuanced legal case. Please use a keyboard device and take your time.
Business Hours, Weekends, and Holidays. We take business hours seriously. Traditional business hours apply (Monday through Friday, 8-5 CST) subject to our posted vacation schedule. After-hours emails are viewed as being received on the next regular traditional business day.
Client ID. The requirement of government-issued photo ID is now common at law firms, medical offices, and other professional firms everywhere. Fraud is rampant. We do not work with anyone who declines to provide ID.
Engagement Letter. This document is our engagement letter setting out the terms and conditions of document preparation. If you wish to proceed, your signature is required below.
Terms of Service. All of our firm’s general terms of service (found at the “Fees & Policies” tab on the website) apply without exception to all persons receiving legal services in addition to the specific TOS set forth in this engagement letter. No exceptions.
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