Common Types of Texas Deeds

Topics Covered

General Warranty Deeds
Special Warranty Deeds
Deeds without Warranties
Quitclaims
Gift Deeds
Assumption Deeds
“Subject To” Deeds
Wraparound Deeds
Foreclosure Deeds
Deeds Incident to Divorce
Deeds in Lieu of Foreclosure
Transfer on Death Deeds
Ladybird Deeds
Mineral and Water Deeds
Deeds Creating Joint Ownership
Deeds into Trusts
Deeds Evidencing Agreements between Parties

General Warranty Deed

The term warranty deed refers to a deed that contains both express and implied title warranties. (There is also a deed without warranties, discussed below.) The title warranties in a deed may be general or special. “A warranty of title may take the form of either a general or a special warranty. A general warranty applies to any failure or defect in the grantee’s title, whatever the source, By contrast, under a special warranty, the grantor warrants the title only against those claiming by, through or under the grantor.” Chicago Title Ins. v. Cochran Invs., 602 S.W.3d 895 (Tex. 2020).

A general warranty deed is the preferred form of deed for a buyer because it contains the most expansive warranty of title; it expressly warrants the entire chain of title all the way back to the sovereign, and it binds the grantor to defend against title defects even if those defects were created prior to the grantor’s period of ownership.

As a matter of custom, general warranty deeds predominate in sales of residential property.

Special Warranty Deed

In a special warranty deed, title is warranted only from the grantor and no further back than that. The grantor’s liability for title defects is therefore limited to his period of ownership up to and including conveyance to the grantee. “A special warranty clause speaks to [a limitation on] the grantor’s liability [to grantee], not its conveyance of [title to the] property. And unlike a quitclaim deed [which contains no warranties], a special warranty clause still protects the grantee with respect to a failure or defect of title created by the grantor [during Grantor’s period of ownership].” Chicago Title Insurance Company v. Cochran Investments, Inc., 602 S.W.3d 895 (Tex. 2020).

Acceptance of a special warranty should realistically temper the grantee’s expectations. “When a vendee accepts . . . a deed with special warranty, the presumption of law is that he acts upon his own judgment and knowledge of the title, and he will not be heard to complain that he has not acquired a perfect title.” McIntyre v. De Long, 8 S.W. 622 (Tex. 1888).

There is usually no reason not to use a general warranty deed if the property is residential—although executors and trustees commonly use special warranty deeds to convey residential properties. Commercial properties are typically conveyed by special warranty deed as a matter of custom. Deeds into an investor’s LLC may be either with general or special warranty, depending on the circumstances, but a general warranty is common.

Deed Without Warranties

A deed without warranties is a conveyance of title to real property without the usual title warranties found in general and special warranty deeds.

Why would anyone make or accept a conveyance without warranties? The usual case is when the parties are unsure as to the extent of the grantor’s interest, or if the grantor is willing to enter into the conveyance only on the condition that there is no liability for doing so. A deed without warranties may transfer the entire interest in a certain property, or it may not. The parties assume the risk of this uncertainty, which is presumably reflected in the (lower) price paid for the property.

A deed without warranties is considered a lesser form of deed but is nevertheless effective in formally transferring title. Another way to put it: a deed without warranties transfers record title but it does not necessarily transfer insurable title or marketable title. Even so, as a means of transfer, it is certainly superior to a quitclaim, discussed next.

In drafting a deed without warranties the two statutory implied covenants (the covenant of seisin and the covenant against encumbrances) should be expressly disclaimed in order to assure that the conveyance is entirely devoid of warranties.

Quitclaims

Clients often call a lawyer’s office and say they need a quitclaim deed. The lawyer’s response should almost always be No, you don’t. Why? A quitclaim is not a true deed but only a transfer of someone’s right, title, and interest in the property—such as that may be. The distinction is legally meaningful. Since there is no grant, sell, and convey language, title is not formally conveyed for chain of title purposes. A quitclaim only transfers to a recipient whatever interest the transferor possesses (which may be none at all). Rogers v. Ricane Enterprises, 884 S.W.2d 763, 769 (Tex. 1994).

What typically distinguishes a deed from a quitclaim is that the granting clause in a deed expressly grants, sells, and conveys title, whereas the granting clause in a quitclaim only quits (releases) to the recipient whatever right, title, and interest the transferor possesses.

A quitclaim contains no covenant of seisen or warranty of title. Jackson v. Wildflower Prod. Co., Inc., 505 S.W.3d 80, 90 (Tex.App.—Amarillo 2016, pet. denied). Because of this, the recipient of a quitclaim is considered to be on notice that something about either seisen or title may be awry.

“A party cannot be a bona fide purchaser of an interest if it took via quitclaim deed.” Patch Energy LLC v. Indio Minerals LLC, 702 S.W.3d 911 (Tex.App.—Eastland 2024, no pet.). The grantee of a quitclaim deed cannot attain the status of bona fide purchaser for value against unrecorded instruments and equities that may exist when the quitclaim was made. Threadgill v. Bickerstaff, 29 S.W. 757 (Tex. 1895).

For all the above reasons, a quitclaim is for the grantee the least desirable of all means of receiving a property interest. However, if a quitclaim has been recorded for four or more years, Property Code Section 13.006 allows a subsequent purchaser to attain bona fide purchaser status free of any constructive notice of title defects such as unrecorded conveyances or encumbrances.

Title companies disdain quitclaims and frequently require that a proper deed be obtained instead. If the seller is unwilling to provide a conveyance with warranties (a general or special warranty deed), then a knowledgeable buyer will prefer a deed without warranties instead of a quitclaim.

Gift Deed

A gift deed transfers title to property without monetary or other exchange of value. In place of the usual nominal consideration language ($10 and other valuable consideration), it has long been customary in Texas to state that the basis of the transfer is “love and affection”—even when none exists. This is archaic and unnecessary and based on the notion that some basis must exist for the conveyance. In Texas, no consideration (monetary or emotional) is required for a valid conveyance by deed. Accordingly, it is sufficient to simply state that the property is conveyed by grantor to grantee as a gift.

Note that consideration language (or the absence thereof) may affect whether or not the conveyance is considered to be a sale. If so, the property conveyed will be presumed to be the community property of a married recipient.

Assumption Deed

Assumption deeds are general or special warranty deeds of the usual type. The difference is that assumption deeds expressly provide, as part of the consideration, that the grantee will assume liability for existing indebtedness and promise to discharge one or more existing liens against the property.

Title is functionally and conceptually separate from debt. They are related but different. One can take title to property without becoming liable to pay the underlying debt. This is what happens in the case of a “subject to” deed. Debts secured by liens against the property remain in place even if title is transferred.

Under an assumption deed the grantee undertakes an assumption obligation with respect to the grantor—but not to the lender since the grantee has not signed the lender’s note. Similarly, the grantor has not been released from the existing note unless the lender has approved the assumption and expressly released the grantor in writing.

An assumption deed may be accompanied by a deed of trust to secure assumption which enables the grantor to step in and make payments if the buyer fails to do so. The seller may then recover these advancements from the buyer. This enables the seller to proactively mitigate loss and preserve good credit. If reimbursement for advancements is not made, foreclosure may follow.

Can assumptions occur without the lender’s consent? Yes and they often do, in spite of the due-on-sale clause contained in the widely-used FNMA deed of trust, which gives the lender the option (but not the obligation) to accelerate the note in such cases.

“Subject To” Deed

The parties may agree that the property will be transferred even if there are one or more existing unpaid liens. As noted above, title and debt are different and divisible concepts, both practically and legally. In the case of a “subject to” deed the buyer takes title but assumes no liability for existing debts and liens.

This is a common device used by investors in order to buy property, fix it, and then flip it for a profit, all without taking any liability for the existing debt. Of course, the debt remains attached to the property—that has not changed.

Deed in a Wraparound Transaction

A wraparound transaction is a form of creative seller financing that leaves the original loan and lien in place when the property is sold. The buyer does not agree to directly assume the existing loan. A wrap is thus a type of “subject to” transaction. The buyer receives a warranty deed (general or special) which transfers title to the property into the buyer’s name.

The buyer usually makes a down payment and signs a new note to the seller (the wraparound note) for the balance of the sales price. This wrap note, secured by a new deed of trust (the wraparound deed of trust), becomes a junior (subordinate) lien on the property.

The buyer then makes monthly payments to the seller on the wrap note and the seller in turn makes payments to the original lender. The original lender’s note is referred to as the wrapped note and it remains in place and continues to be secured by the existing wrapped deed of trust.

Lots of ancillary details (casualty insurance, for instance) need to be addressed in a wraparound transaction. These details are often included in a wraparound agreement separate from the deed. Unlike the deed, the wraparound agreement is not recorded, so items that are confidential can be addressed there.

Trustee’s Deed or Foreclosure Deed

A trustee’s deed is delivered by a lender’s trustee to the successful bidder at a foreclosure sale. The lender often bids the amount of the debt (plus accrued fees and costs) and acquires the property in this way. If the sale generates proceeds in excess of the debt, the trustee must distribute the excess funds to other lienholders in order of seniority and the remaining balance, if any, to the borrower.

Property Code Section 51.009 states that a buyer at a foreclosure sale “acquires the foreclosed property ‘as is’ without any expressed or implied warranties, except as to warranties of title, and at the purchaser’s own risk; and is not a consumer.”

The trustee’s deed itself will contain its own extensive disclaimers. Even with these limitations, a foreclosure deed is probably the cleanest title obtainable, though it does not eliminate taxes owed.

Deed Incident to Divorce

The parties to a divorce should not rely on the final divorce decree to transfer title to their real property. A divorce decree is a court order resolving litigation, not a conveyance of affected real estate. That is a necessary second step.

A special warranty deed (often accompanied by a deed of trust to secure assumption of an existing debt) should be executed and recorded. The deed may also include an “owelty partition” that creates a lien in favor of the grantor to secure payment of a certain sum from the other spouse. This is used to equalize the overall division of property.

Deed in Lieu of Foreclosure (DIL)

In the traditional sense, a deed in lieu of foreclosure is a specialized and technical instrument designed to transfer property to a lender in satisfaction of a lien on real property and in exchange for a full and complete release. DILs often contain a clause similar to the following:

This Deed is executed and delivered by Grantor and accepted by Grantee in lieu of Grantee demanding and collecting the Indebtedness and in lieu of the necessity for Grantee to give notice of default, notice of intent to accelerate, notice of acceleration, notice of posting for foreclosure, and conduct of a foreclosure sale of the Property.

The customary DIL occurs when both parties expressly consent to the mutual benefits of the arrangement. Morission v. Christie, 266 S.W.3d 89 (Tex.App.—Ft. Worth 2008, no pet.).

A DIL can be useful for a borrower if it avoids the negative consequences of foreclosure, including adverse credit impact for seven or more years; the potential for a deficiency lawsuit by the lender; and the prospect that the IRS will deem the deficiency amount to be ordinary income taxable to the borrower. That could be a large number and the borrower must take that amount as ordinary income all in one year (unless the property is homestead). For a real estate investor, the IRS consequences of foreclosure may be the worst aspect of the foreclosure process.

A DIL, unlike a foreclosure, does not wipe out subordinate liens or intervening interests. These remain attached to the property even if the lender accepts a DIL. Flag-Redfern Oil Co. v. Humble Exploration Co., Inc. 744 S.W.2d 6 (Tex. 1987).

A DIL is usually accomplished by means of a special warranty deed, but a deed without warranties may also be used. The instrument should contain specific statements and recitals if it is to have the desired effect. A simple warranty deed to the lender will not do the job. From the borrower’s perspective, the DIL should convey the property to the lender “as is” and include the following:

(1) agreement by the lender not to post the property for foreclosure or conduct a foreclosure sale;

(2) agreement that the indebtedness is fully paid, without forgiveness of debt and without deficiency, and the borrower is fully released;

(3) the liens (i.e., the vendor’s lien and the deed of trust lien) are canceled;

(4) the lender waives any claims and causes of action against borrower going forward;

(5) the lender agrees not to take any action that will damage the borrower’s credit; and

(6) the lender agrees not to report to the IRS that the borrower has received income as a consequence of the DIL agreement. In the optimal circumstance a separate release of lien should also be recorded.

From the lender’s perspective, a DIL should recite that the lender’s acceptance of the instrument does not result in merger of title—i.e., the lender’s lien is not extinguished by the DIL.

Few institutional lenders today will accept a DIL as a means of avoiding foreclosure. The reason is that the foreclosure process itself is usually advantageous to the lender since it cleans up title by eliminating junior liens and intervening interests. A foreclosure also clearly establishes a deficiency amount (the difference between the price at foreclosure and the balance on the note) for which the lender may then sue the borrower.

It is desirable for the borrower to obtain the lienholder’s express acceptance to a DIL, if at all possible. Executing a unilateral DIL runs the risk of lender rejection by means of an affidavit recorded with four years as permitted by Property Code Section 51.006(c).

Query: What happens if a borrower executes a unilateral DIL that recites that it is executed and delivered in satisfaction of the debt, and the lender never files a contradicting affidavit? Can the borrower then argue that there was an implied agreement to waive the deficiency in exchange for the DIL?

Deeds with Life Estate Reserved

A life estate is a severable estate in land that may be conveyed or reserved (retained) in a deed. For example, an older person may be willing to sell but wishes to retain the right to reside in the property until his or her death.

Mineral and Water Deeds

Minerals are a severable estate in land. A mineral deed does not convey title to the surface of the property but only (for example) “ownership of all sub-surface minerals including but not limited to all of the oil, gas, and other minerals in and under the property including: (1) the right to develop (the right of ingress and egress), (2) the right to lease (the executive right), (3) the right to receive bonus payments, (4) the right to receive delay rentals, and (5) the right to receive royalty payments.”

The mineral estate may also be partitioned by means of a mineral partition deed.

Water (surface water or groundwater) is not considered a mineral but water rights may be transferred in a manner similar to a mineral deed. Water Code Section 11.040 states that “a permanent water right is an easement and passes with the title to land. . . A written instrument conveying a permanent water right may be recorded in the same manner as any other instrument relating to a conveyance of land.”

DEEDS INTENDED TO AVOID PROBATE

Deeds Involving Joint Ownership and Rights of Survivorship

Joint ownership of real property with rights of survivorship (JTWROS) is authorized by Article XVI, Section 15 of the Texas Constitution which states that “spouses may agree in writing that all or part of their community property becomes the property of the surviving spouse on the death of a spouse. . . .“ Statutory law implementing this provision is found in Estates Code Chapter 112 (which governs spousal community property) and Chapter 111 (which applies to non-spouses).

Joint ownership of real property with rights of survivorship combines two distinct concepts: (1) co-ownership of an undivided fee simple interest in and to the entire property, plus (2) automatic succession to sole ownership upon death of the other co-owner. JTWROS contrasts with the ordinary, presumed case in Texas in which co-grantees are presumed to be tenants-in-common. Est. Code Sec. 101.002.

As to married persons, spouses may at “any time agree between themselves that all or a part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse . . . by means of a written agreement signed by both spouses. . . .” Est. Code Sections 112.051 and 112.052.

As to unmarried persons, the statute states: “Notwithstanding Section 101.002 [regarding descent of a non-spousal property interest to the heirs], two or more persons who hold an interest in property jointly may agree in writing that the interest of a joint owner who dies survives to the surviving joint or owner or owners.” Est. Code Sec. 111.001(a).

When the right of survivorship exists as a result of a signed written agreement, sole ownership vests in the surviving co-owner automatically without need for notice, probate, or other action by anyone. “A community property survivorship agreement that satisfies the requirements of [Estates Code Chapter 112] is effective and enforceable without an adjudication.” Est. Code Sec. 112.053.

Article XVI and the Estates Code supersede the old common-law rules relating to the four unities of time, title, interest, and possession. At common law, in order to create JTWROS, all joint owners were required to receive their interest in the property at the same time; through the same legal document; with each having an equal and undivided ownership share; and with each having an equal right to possess and use the entire property. While these traditional criteria have been superseded by the Estates Code, they can still be relevant in cases where there is ambiguity and judicial interpretation is required.

Creating JTWROS

There are two practical methods of creating JTWROS when acquiring property for the first time:

(1) a survivorship agreement can be executed as a stand-alone instrument (pursuant to Estates Code Section 112.051 for married persons or Section 111.001 for unmarried persons) that is separate from the deed transferring title; or,

(2) a survivorship agreement can be incorporated into the deed by which the property is transferred into the grantees. Such a combination instrument, when signed at closing by the grantor and both grantees, must fulfil the Code requirement of a signed written survivorship agreement between the new joint owners.

In the case of a combined instrument, a complete signed survivorship agreement must be included within the four corners of the deed (including the signatures of both grantees). This all-in-one approach is the preference for most buyers, who tend to want a traditional JTWROS deed that plainly states survivorship provisions on its face.

JTWROS is not intended to replace the broader scope of a last will and testament. “The legislature did not intend for [the JTWROS statute] to validate agreements allowing testamentary disposition of a person’s entire estate, including real property, without the requirements of a will or the formalities a will or the formalities of will execution.” Hibbler v. Knight, 735 S.W.2d 924 (Tex.App.—Houston [1st Dist.] 1987, writ ref’d n.r.e).

Deed in the Drawer

Executing and delivering a deed without immediately recording it can be a useful, inexpensive estate planning device—sometimes called the deed in the drawer. If, for example, a parent wants to insure that property is transferred to a child without probate or other difficulty then he or she can sign and deliver a deed with the intention that it be held (unrecorded) until death. This is an entirely legal method that has been used for ages.

A gift deed omits the usual mention of monetary or nominal consideration. “The essential elements of a gift made during a grantor’s life are donative intent, delivery, and acceptance.” Gannon v. Baker, 830 S.W.2d 706 (Tex. App.—Houston [1st Dist.] 1992, writ denied). It is thus the preferred practice to label a gift deed as such and include such language as love and affection in the section of the instrument where consideration would normally be stated.

There is another and probably better option in this area—the transfer on death deed, discussed next.

Transfer on Death Deed (TODD)

A transfer on death deed (TODD) is an uncomplicated, non-probate method of transferring title to real estate when the owner dies. The Texas Real Property Transfer on Death Act is found in Estates Code Chapter 114. Section 114.051 states that “An individual may transfer the individual’s interest in real property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed . . . [that is recorded while the grantor is still living].”

A transfer on death deed must be recorded contemporaneously (It may not be held for later). It is effective without consideration and without notice or delivery to or acceptance by the designated beneficiary during the life of the grantor (Est. Code Sec. 114.056). However, vestment is not immediate. A TODD transfer does not actually vest title in the grantee until the grantor’s death.

The statutory form that was once available for a TODD has been repealed, so lawyers are left to their own devices in the crafting of these conveyances. Clearly, at the very least, the instrument must comply with the usual legal formalities of a deed and it must be recorded.

A TODD cannot be revoked by a last will and testament but can be revoked by a recorded revocation. Est. Code Sec. 114.052. In fact, a TODD is revocable even if the instrument states otherwise.Also, if the grantor sells the property by means of a recorded transfer subsequent to executing a TODD, then the TODD is automatically revoked: “If a transferor during the transferor’s lifetime conveys to any person all of the transferor’s interest in real property that is the subject of a transfer on death deed, the transfer on death deed is void as to that interest in real property.” Est. Code Sec. 114.102.

Can a living trust be a person for purposes of being a beneficiary of a TODD? Yes, since in this context the term person has the meaning assigned by Government Code Section 31.005. In most situations, however, it would make more sense just to convey the property into the living trust contemporaneously, without waiting for the death of the grantor.

TODDsmay not be executed by means of a power of attorney (i.e., they must be executed by the named grantor); must be recorded in the county clerk’s real property records in order to be effective; do not trigger the due on sale clause in the deed of trust; do not defeat or undo homestead rights; are not subject to the beneficiary’s creditors; are not considered a gift and thus are not subject to the Medicare 60 month look-back rule; and are not considered to be part of the decedent’s taxable estate.

All in all, a TODD is a good basic estate planning tool, particularly if the grantee does not require warranties of title (which are not permitted in TODDs under Estates Code Section 114.103(d)). It is also possible to combine joint ownership (JTWROS) with a TODD, so that (for example) parents now have an inexpensive alternative method to pass real property to a child upon the death of the last parent. Note that the designated beneficiary of a TODD must survive the decedent by at least 120 hours.

TODDs were intended to provide a statutory alternative to Lady Bird deeds (described next).

Lady Bird Deed

Transfer on death deeds have partially replaced the former widespread use of Lady Bird deeds, which are revocable deeds retaining a life estate. They are based not on statute but on common law. The Texas Supreme Court acknowledged in a recent case that a Lady Bird deed is “a deed that allows a property owner to transfer ownership of the property to another while retaining the right to hold and occupy the property and use it as if the transferor were still the sole owner.” Tex. HHS Comm’n v. Est. of Burt, No. 22-0437, 67 Tex. Sup. Ct. J. 622, 2024 Tex. Lexis 316 (2024).

Lady Bird Deeds are sometimes called enhanced life estate deeds since the life estate retained by the grantor is entirely revocable. In other words, a Lady Bird Deed immediately vests a remainder interest in the grantee that is subject to divestment—the grantor’s optional ability to revoke the whole conveyance at will. Any other, subsequent conveyance of the property will have the effect of revoking a Lady Bird Deed.

Lady Bird Deeds have been traditionally used to avoid both probate and recovery against the grantor’s probate estate by the Texas Medicaid Recovery Program. When a Lady Bird Deed is used, Medicaid does not require that a deceased’s home be sold in order to pay reimbursement. Note, however, a transfer on death deed accomplishes this same objective since Property Code Section 114.106(b) expressly provides that real property transferred by means of a TODD is not considered to be a part of the grantor’s estate.

A Lady Bird Deed may be “activated” on behalf of the heirs by means of a simple affidavit of death stating that the grantor has died. No affidavit of heirship is necessary.

In contrast to a TODD, a Lady Bird Deed may be executed on the grantor’s behalf by means of a power of attorney (at least so long as the POA provides that the attorney-in-fact is empowered to execute gift deeds of real property). Note, however, that title companies look askance on situations where the attorney-in-fact and the grantee are the same person. Avoid this practice since it can raise real problems.

Deed into a Living Trust

The advantages of a living trust can be significant. In establishing a trust that includes the homestead, it is a necessary part of the process to execute a deed of the property into the living trust (or, more properly stated, into the trustee acting on behalf of the trust). The deed into trust should be recorded but the trust agreement remains a private document.

Since record title is held by the living trust (acting by and through its trustees) and the trust does not die, the surviving beneficiaries automatically “inherit” the trust property upon death of the trustor (or for married persons, upon death of the last spouse-trustor). There is no need for probate, although the beneficiaries would be wise at that point to engage an attorney to overhaul and update the trust agreement.

In order to preserve the homestead tax exemption, both the trust agreement and the deed into trust must be drafted so as to meet the “qualifying trust” requirements of Property Code Section 41.0021 and Tax Code Section 11.13(j). The requirements are complex. This is absolutely not a project that should be attempted on a DIY basis.

DEEDS EVIDENCING AGREEMENTS
BETWEEN THE PARTIES

Custom Agreements and Special Provisions

The deed is a critical document because (in most cases) the deed entirely replaces contracts and agreements that have gone before it (the doctrine of merger), making the deed the final word on all aspects of the transfer of title.

Spelling out any additional agreements between the parties within the four corners of the deed itself can eliminate any doubt or ambiguity as to the content of those agreements.

Some lawyers take the view that a deed should be a pure and spare conveyance, uncluttered by clauses and agreements that do not bear directly upon the transfer of title or warranties of title. This minimalist approach often necessitates preparation of companion documents containing deal-points that have been agreed to between the parties. As a result, several documents are required rather than one. This may have value when the parties’ side agreements are confidential, but otherwise it is often simpler and more direct to include such agreements in the deed itself.

The “As Is” Clause as an Example

An important example of a custom agreement between grantor and grantee is conveyance of the property in “as is” condition, without obligation on the part of the grantor to repair or remediate the property and without post-closing liability for conditions that may be found upon it. How can a grantor insure that the “as is” provision is unconditionally accepted by the grantee? One good answer is to require that the grantee sign and acknowledge the deed. Otherwise, the grantee is presumed to have accepted the terms of the deed according to the doctrine of estoppel-by-deed. Armour Pipe Line Co. v. Sandel Energy, Inc., 672 S.W.3d 505 (Tex.App.—Houston [14th Dist.] 2023, no pet.).

Preserving Agreements from the Contract

Some agreements between the parties are expressed in the earnest money contract. These might survive closing and or might not. The doctrine of merger states that the terms of the contract merge into the deed in the absence of an express survival clause. “The merger doctrine provides that when a deed is delivered and accepted as performance of a contract to convey, the contract is merged into the deed. Thus where terms of the deed vary from those contained in the contract, courts must look to the deed alone to determine the rights of the parties.” In other words, in most cases and unless otherwise provided, the contract disappears and is replaced by the deed and other closing documents. Chicago Title Insurance Company v. Cochran Investments, Inc. 602 S.W.3d 895 (Tex. 2020).

Survival or non-survival of the parties’ agreements can significantly affect the post-closing liability and the potential for future litigation. It may therefore be beneficial, even necessary, to recite these agreements in the deed itself.