Review/Comment on Real Estate Contracts
Residential and Commercial – Explanation and Engagement Letter
ONLINE LEGAL SERVICES
Our Firm’s Scope of Business. We advise on real estate transactions and prepare contracts, deeds, and other documents. We also form new LLCs and trusts in order to protect our clients’ assets. Many of our clients are real estate investors. We do not advise clients in any other areas of the law.
Online Screening. All new clients and all new cases are now screened and handled exclusively online, not by phone and not in the office. This includes the initial consultation. Details below.
Attorney-Client Communications. We are an email-oriented firm. We always begin with an email discussion so we can gather basic facts and documents before answering questions. Business hours apply.
Legal Fees. We offer a combination of flat fees and hourly billing. We do not offer free consultations or any free attorney time. Advance payment is required. Payment options are on the website. Details Below.
TREC AND TEXAS REALTORS (TXR) CONTRACTS ONLY
Unsigned TREC and TXR Contracts Only. We work with unsigned TREC and TXR (Texas Realtors) contracts and addenda only. We do not review other contracts (homegrown, amateur, Internet-sourced, derived from real estate seminars, etc.). These do not meet our professional standards and need to be replaced, not reviewed.
Contract Review/Comment. Review/comment is available for both residential and commercial earnest money contracts and addenda so long as they (1) are not yet fully signed by both parties, and(2) are fully completed on a TREC (Texas Real Estate Commission) or TXR (Texas Realtors) standard form. In certain complicate situations, a paid consultation may be first required in order to gather necessary facts.
Standard Addenda TREC and TXR Addenda. Review of TREC and TXR standard addenda is included in the review/comment fee. In addition, we strongly recommended our custom special provisions addendum (both seller-oriented and buyer-oriented versions) available at an extra charge of $150.
Reviewing Contracts Versus Preparing Contracts. The client must supply us with a completed contract so that we can provide legal review and comment. We do not write or negotiate real estate contracts (these are brokerage functions) unless the client is willing to pay us as a broker by commission. Low flat-fee contract review fees do not include the services that agents and brokers typically perform.
Letters of Intent. If you have not yet reached full agreement on the transaction terms, consider starting with a non-binding letter of intent (LOI) to establish basic terms of a proposed contract. An LOI can be especially helpful in a complex or creative transactions (e.g., wraparounds, owner finance, subject to, etc.). Getting an LOI at the beginning of a transaction is never a waste of time. We have an LOI template available for $250.
Custom-Drafted Contracts. We are not reviewing custom contracts (i.e., novel contracts that are not on the standard TREC or TXR forms) at this time.
New Construction Contracts. We are not reviewing new-build contracts at this time. The reason is that builders do not negotiate the legal factors that we point out, just the incentives and discounts that are better negotiated by a realtor who specializes in new construction and in working with that specific builder. A lawyer does not substitute for the right realtor in new construction.
THE REVIEW/COMMENT PROCESS
Getting Started. The first step is for the client or realtor to complete the TREC 1-4 Family Residential Contract including relevant standard TREC or TXR addenda. We will then offer review and comment. The TREC contract is available free on the TREC website. Send us a completed draft contract (unsigned) and we will get back to you with comments and suggestions.
Online Process. All review/comment consultations are now handled exclusively online, not in the office. No appointment is required. Our method is to go through the contract and addenda and make written comments and recommendations item-by-item. The result is quite thorough. Turnaround time is usually approximately one full business day, subject to our schedule and availability. Weekends not included.
Duration of Consultation. Contract review/comment consists of up to one hour of attorney time and is intended to substitute for the same time one would spend with an attorney in a physical law office. Expect that the entire available hour will be consumed by the attorney’s review and comment on your contract. Q&A and additional advice are not included in the initial flat fee. These are available at the hourly rate (one hour minimum).
Scope of Consultation. Questions and discussion items that go beyond the initial review/comment hour are not included and may not be packed into the review/comment flat fee. Additional services related to the transaction (review of the title commitment or closing documents for example) are available for an additional fee.
Engagement Letter Governs Scope of Services. This engagement letter explains our services and may not be expanded unilaterally by the client to include additional services without a signed agreement between attorney and client to this effect.
Documents Produced by Us. In the review/comment process, we go through the contract paragraph by paragraph and produce a written set of specific comments and suggestions. We also offer an optional custom special provisions addendum favoring the buyer or seller. Two documents total. Production of other legal documents is not included in the flat fees quoted.
RESIDENTIAL REVIEW/COMMENT FEES
Residential Contracts. Review/comment on a TREC or Texas Realtors residential contract is $250 for a sales price of up to $750,000; $350 for a sales price from $750,000 to $1.5M; $550 for a sales price from $1.5M to $2.0M; above $2M, inquire. This contemplates one hour of attorney time. Additional legal services are available at our regular $350 hourly rate (one hour minimum).
Residential Special Provisions Added to Your Contract. Addition of our custom residential special provisions addendum (highly recommended for both buyers and sellers to fill in the many gaps in the TREC contract) is $150. This increases to $250 if additional extensive custom provisions are required by the client.
One-Hour Attorney Time Frame is Contemplated. Flat fees for contract review/comment (whether residential or commercial) do not extend beyond the initial hour. Expect that the entire initial hour will be consumed by the attorney’s review/comment on your contract. That is how long it takes. Q & A and other services beyond the initial hour are not included in the flat fee. Q&A and other additional legal services beyond the initial hour incur fees at the $350 hourly rate.
Client’s Custom-Drafted Residential Special Provisions. We can review a client’s custom special provisions so long as we are provided with a coherent draft of the proposed provisions in Word. We do not substitute for a Realtor in the drafting of these provisions. You and your realtor will need to create a draft. Significant client-supplied special provisions increase the fee for the special provisions addendum from $150 to $250+. At our discretion, we may instead offer this option at our hourly rate if your custom items are very detailed or extensive.
Review of Title Commitment. This is a separate service available for $250.
Review of Closing Legal Documents (Deed, Note, and Deed of Trust). This is a separate service available for $250.
COMMERCIAL REVIEW/COMMENT FEES
Commercial Contracts. Commercial contract review/comment is limited to completed but unsigned Texas Realtors (TXR) standard commercial contracts. Flat fees for TXR contract review/comment are $350 for a sales price of up to $750,000; $450 for a sales price from $750K up to $1.5M; $550 for a sales price from $1.5M to 2.0M. Above $2M, inquire. Additional legal services are available at our regular $350 hourly rate (one hour minimum).
Commercial Special Provisions. Addition of our custom commercial special provisions addendum (strongly recommended for both buyers and sellers to fill in gaps and omissions in the TXR contract) increases from $250 (our standard package of special provisions) to $350 if the client adds significantly more custom clauses.
Client’s Custom-Drafted Residential Special Provisions. We can review a client’s custom special provisions so long as we are provided with a coherent draft of the proposed provisions in Word. We do not substitute for a Realtor in the drafting of these provisions. You and your realtor will need to create a draft. Significant client-supplied special provisions increase the fee for the special provisions addendum from $150 to $250+. At our discretion, we may instead offer this option at our hourly rate if your custom items are very detailed or extensive.
LIMITATIONS ON THE REVIEW/COMMENT PROCESS
Limited Availability. We do not accept every case, transaction, or contract review. Our schedule can be full at times. Accepting or declining a matter is entirely at our discretion and is not a reflection on your case.
No Review of Already-Signed Contracts. If a contract is already signed, the opportunity to negotiate changes, improvements, or special provisions has likely been lost, since 90% of the rights and remedies of the parties are established in the contract. Accordingly, in the case of a signed contract, our comments are necessarily limited to explaining what the client has already signed rather than focusing on suggested changes.
Contract Review is Not a Retainer for the Full Transaction. Engaging us for review/comment on a contract does not mean that we become your attorney for the whole transaction unless we expressly agree to do so in writing.
Negotiation of Contract Changes Not Included in Review/Comment. Negotiations and communications with the other side in a transaction are not included in the flat fee for contract review. If we are involved at all, the hourly rate would apply.
No Flat-Fee Review of Subdivision or HOA Restrictions. These are not included in a review/comment consultation which focuses on the contract and its addenda only. The hourly rate applies to a review of covenants and restrictions.
No Representation of “Everyone.” Our role as a real estate attorney is strictly limited to advising or representing one party only. We must know exactly who our client is (buyer, seller, lender, or broker). We advise and represent only one client in a transaction. We never “represent all sides.” Adverse parties must obtain their own legal counsel.
No Ongoing Representation unless Agreed in Writing. Review/comment is a limited stand-alone one-time legal consultation. It begins and ends. It is not full, ongoing, or open-ended representation in the transaction. Engaging this firm for review/comment on a contract does not make us your attorney in the transaction. We may or may not agree to do so depending on the case.
No Unlimited Liability. The client agrees that our professional liability is limited. A contract review/comment is a limited stand-alone service and does not render us liable for what happens later in the full transaction. We have no liability for portions of the transaction that we do not directly review and expressly advise upon.
No Review of Amateur, Internet, or Seminar Documents. We do not advise upon or get involved with homegrown or amateur contracts, forms from the Internet, documents prepared by non-attorneys or non-brokers, or guru forms from real estate investment seminars. These do not meet our professional standards and must be replaced with correct Texas documentation prepared by an attorney.
No Review of Investor Templates. We do not work with an investor’s amateur templates in an effort to bring them up to professional standards. If you are looking for templates, we have our own available for seller financing, sub2 transactions, wholesaling, assumptions, and wraparounds.
No Title Company Services. As a law firm, we offer legal counsel, document preparation, and representation/counsel services only. We do not offer title company services such as in-office closings, escrow, hold or distribute funds, arrange payoffs and releases, or offer title searches or title insurance. An established title company is recommended for these services.
CONSULTATIONS
CONSULTATIONS GENERALLY
Initial Consultation is Recommended. An initial consultation ($250) is always recommended in order to provide the attorney with an overview and understanding of the facts and legal issues of your case or transaction. However, in simpler matters (a document order, for instance) an initial consultation is not usually required – but only so long as we are given clear and concise instructions that are readily and quickly understandable.
Initial Consultation is Required in Complex Matters. In complex, creative, or document-heavy cases and at our discretion, we may require that the process begin with a paid consultation in order to gather facts and discuss details. In such cases, determination of an exact fee quote may be deferred until the case can be discussed at the consultation.
Online Consultation Process. All initial one-hour consultations with new clients are now handled online, not in the office. We begin with an email exchange/discussion so we can gather basic facts and documents (1) so we can fully understand the case; and (2) before answering questions. An optional phone call is available afterward if time remains in the hour. Additional services past the initial hour are available at a $350 hourly rate.
Phone Call. An optional call is available so long as time remains within the allotted hour. Some clients find the phone call useful, others do not. In any case, we do not jump straight to a phone call without first gathering basic facts and documents.
Scope of Consultation. It is important to be realistic and reasonable about the quantity and scope of material that will be discussed in the introductory hour. Not every legal problem can be analyzed and solved in a one-hour consultation.
Duration. The introductory consultation is designed to substitute for the same hour one might spend in a lawyer’s physical office. It may last up to one hour spread over up to 3 consecutive business days (business hours apply) when it automatically concludes. Note please that this is not an unlimited three-day consultation. One hour is the limit.
No Specific Appointment Required for the Online Consult. No scheduling or fixed appointment time is required to begin an initial consultation. We will respond promptly to your request, although this can vary somewhat due to our backlog and the complexity of your inquiry.
Supporting Documents. Please have any relevant documents (the sales contract, for example) ready for review.If you have an LLC or other entity that is involved, we will likely need to see the formation and approval documents.
LIMITATIONS ON CONSULTATIONS
No Conditional Consultations. Beyond stating that a particular matter is within our expertise, we do not accept any client-imposed conditions on payment for the consultation (e.g., “only if your advice is helpful”). We do not agree to any pre-conditions or make assurances as to the outcome of a consultation. We do not guarantee that our legal advice will be what you expect or want to hear.
No Tax Advice. We are not tax advisors and do not give tax, accounting, or bookkeeping advice. Consult your CPA in conjunction with our legal advice.
No Fixing of Existing Defective or DIY Entities and Structures. This is not part of our business model as a law firm. We form new LLCs and other entities only.
No Bundling of Topics. Bundling multiple diverse legal topics or questions about multiple properties or transactions into a one-hour consultation is not permitted. This never works because it is too scattered. If multiple properties or topics need to be discussed, an hourly arrangement will apply instead.
No Shoehorning. Shoehorning (slipping in additional items and topics on top of an agreed flat-fee service) is not permitted. Additional topics and tasks incur additional fees.
No Coaching. We are a law firm that provides advice and prepares real estate and business documents. We are not a real estate school or an investment advisor and do not offer mentoring on real estate investing.
No Total Re-Write of Documents During a Consult. The fee for a consultation or review/comment on a document is not a flat fee for the total re-write of an existing legal document. Re-writing a legal document inevitably takes longer than a one-hour consultation, so either our posted flat fee for document preparation or the hourly rate applies.
No Assurances as to Medicare, Military, or Government Benefits. We do not offer any assurances as to the outcome or effect of any documents that we prepare on Medicare, military, or government benefits.
No Assurance of Future Services. A consultation or document preparation task is not an advance commitment on our part to handle the matter going forward. We may, at our discretion, decline to be further involved after initial services are rendered
ATTORNEY- CLIENT COMMUNICATIONS
Business Hours, Weekends, and Holidays. This is a law firm, not an online retailer. We adhere to traditional business hours (Monday through Friday 8-5 CST) for the well-being of the humans who work here. Please communicate with us during these hours. Late night and weekend calls and emails from clients are discouraged and we have no obligation to read or respond to these.
Sending Us Supporting Documents. Please provide us with legible copies of relevant supporting documents (if any) in easily downloadable form. Email attachments should be in pdf, Word, WordPerfect, Excel, or other common software. Do not send original documents in the physical mail. We do not handle originals.
No Encryption or Passwords. Please do NOT apply any form of encryption to emails or attachments. Avoid Dropbox or any method that requires us to get a password and enter a third-party site in order to view your documents. If you require that level of security, please consult another law firm.
Data Dumps. Please send us only the information or documentation that we request. Dozens or hundreds of extra and unnecessary pages make your file much more cumbersome and time-consuming for us to download, read, and manage. We rely on you to omit irrelevant material. The time it takes to sort through large data dumps is part of paid attorney time and will be charged accordingly.
Please Maintain the Email Thread. This is a required level of professional communication. We are unable to work with anyone who does not do this.
Screaming with Capital Letters. We do not work with clients who communicate this way.
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.
LEGAL FEES
LEGAL FEES GENERALLY
Legal Fees – Flat Fees and Hourly Billing. As an accommodation to our clients, we offer as many transparent flat fees as reasonably possible. However, certain matters are best handled by hourly billing or by retainer. Our discretion applies.
Legal Fees – Initial General Consultation. An initial one-hour consultation for new clients is recommended. The fee for an introductory residential consult is $250 for matters up to $750,000 and $350 (our usual hourly rate) for matters exceeding that amount. Commercial consultations are $350.
Online Format. The consultation is conducted online and lasts for up to one hour or three days, whichever occurs earlier, when it automatically concludes. An optional phone call is available but only if there is room left in the hour. Otherwise the hourly rate applies to time in excess of the hour.
Legal Fees for Review/Comment on Contracts. The fee for review/comment on a TREC or TXR (Texas Realtors) residential contract is $250 for a sales price of up to $750,000 and $350 (our usual hourly rate) for a sales price exceeding that amount. We work with unsigned TREC and TXR contracts and their addenda only. Addition of our custom special provisions addendum in Word (recommended for both buyers and sellers to fill in gaps in the standard contracts) is $150. Both are available within the one-hour consultation timeframe.
Legal Fees: Deeds, Notes, Deeds of Trust and the Like. Documents in this category are usually $350 each excluding recording. However, more customized or complex documents (including commercial documents) are higher, usually $450 to $550. If there is a metes and bounds legal description that needs to be re-keyed by us (instead of the usual brief lot and block) then an additional fee of $75 applies.
Fees for Customary Simpler Closing Documents. Simpler but customary closing documents (affidavits, notices, and the like but not deeds, notes or deeds of trust) range from $250 to $450 depending on customization and complexity.
Fees for Complex Custom Documents. Complex custom documents can range from $350 to $750. Fees in this category are difficult to predict. Inquire. A paid consultation may be required first, at our discretion, prior to preparing any complex custom documents.
Time of Payment. Our fees are due in advance when documents are prepared. We do not wait until closing for payment. Fees are not conditional upon closing or any other event.
Hourly Rate. If for some reason our posted flat fees do not apply then our $350 hourly rate applies.
Costs Such as Recording Fees. Legal fees never include any costs and recording fees that may arise. These are always separate and additional costs that are paid by the client.
Itemized Statement. An itemized statement is available upon request. Any statement we present to a client supersedes any prior fee estimates or quotes.
Addition of Custom Special Provisions. Addition of extensive custom or creative provisions in our customary documents increases legal fees at our discretion. Also, in any complex matter, we may require an initial paid consultation to discuss the transaction before proceeding. Determination of an exact fee quote is then deferred until after the consultation.
General Format of Documents is Not Variable. Our documents rely on our established professional format and presentation. While documents are lightly tailored to conform to the transaction, very extensive customization or reorganization of documents is not included and incurs higher fees. Highly customized or complex transactions require an initial consultation before proceeding. Determination of an exact fee quote is then be deferred until after the consultation.
Fees Quoted are for Services Online by Email. Office visits, phone calls, and Zoom calls are not included in online fees unless the engagement letter expressly so states.
FLAT-FEE POLICIES
Flat Fees are Guidelines. Fees quoted are guidelines only and may be adjusted at our discretion if a matter or transaction is unusually complex, creative, or document heavy. We reserve the flexibility to vary our usual fees based on specific circumstances. Fees are subject to change without notice.
Flat Fees Stand Alone. In a flat-fee system, all fees stand alone. Payment of one flat fee (including a consultation fee) does not include any other services or result in a credit toward future legal services. Flat fees are specific. Multiple diverse tasks incur separate flat fees.The alternative is our hourly rate.
No Carry-Over of Flat Fees. Flat fees relating to one transaction or property do not “carry over” to other transactions or properties. Our fees are per transaction and per property. Each transaction bears its own stand-alone legal fees and costs.
Scope of Flat Fees. Flat fees are offered for a specific task or transaction. Absolutely nothing else is “included.” Additional tasks or services may not be shoehorned into a flat fee. Third-party costs and expenses (filing or recording fees, for example) are additional and never included in flat fees.
Flat Fees are Earned When Paid. There is no requirement that flat fees or flat-fee retainers be held in trust or in escrow or deposited in a separate account until some future event. There is no requirement that interest be paid on such funds. Flat fees are earned when paid.
No Hourly Accounting for Flat Fees. No hourly accounting is ever kept or made in flat-fee matters and the client has no right to demand one. Flat fees are earned when paid.
Switching to Hourly Billing. As a case develops, it may become apparent that hourly billing is more appropriate than a flat fee. We reserve the right to switch the case to $350 hourly billing (at our discretion) if work substantially or unexpectedly expands beyond what is ordinary and customary for the specific flat-fee task.
Expiration of Flat Fees. We do not carry long-term positive client balances unless there is a specific engagement letter expressly calling for us to do so. All payments, retainers, overpayments, or credits to a client´s account must be used within six months or they automatically expire in their entirety. No exceptions.
Flat Fees Distinguished from Retainers. Consultations and document preparation tasks are designed to be short-term. They begin and end in a limited timeframe. By contrast, retainers are intended to be a longer-term commitment to your case. Retainers may be flat-fee (for a specific period) or hourly. Inquire.
PAYMENT POLICIES
Advance Payment is Required. We do not send bills after the fact for online services. Payment options are as listed on the payment page of the website. Checks are not accepted.
No Conditional or Contingent Fees. Payment of fees is never conditional or contingent upon a successful closing, loan approval, appraisal, title policy, or any other event. There is no refund if such events do not occur as anticipated.
Itemized Statement. We customarily provide statements in larger matters. If you require an itemized statement of fees and costs before proceeding with a smaller matter, please let us know.
Refunds. If it is determined very early in the process to terminate engagement (before substantial attorney time is expended) we will promptly provide a full refund by means of: (1) an immediate Paypal refund or (2) a law firm check sent by U.S. Mail. However, there is no refund once the attorney expends time and effort examining a file and discussing it with the client. Reading client documents and answering questions consumes attorney time and is a service to the client. Once this happens, legal services have occurred and the client’s payment becomes entirely non-refundable. Also, there are no refunds if legal advice provided is not what the client expected or wanted to hear. Client acceptance of a refund entirely releases this firm from further involvement in the case.
Client Default. If a client defaults on payment of legal fees then we may immediately terminate the attorney-client relationship and cease providing services.
DOCUMENTS
DOCUMENT PREPARATION POLICIES
Extensive Customization. Our documents rely on an established professional format, organization, and presentation. Fees for document preparation do not include re-writing or re-formatting our documents in a customized way. Extensive customization increases fees at our discretion. The hourly rate my apply.
Document Preparation Fees are Not a Long-Term Retainer. Legal advice over time is called a retainer. That is an extra level of service which is available but is not included in a consultation or document preparation fee.
Document Preparation is Not Full Representation. Document preparation is a limited, closed-end service that does not include ongoing legal advice and counsel. Engaging us to prepare a document is not the same as retaining us to represent you in a transaction.
Document Preparation Excludes Negotiations. A flat fee for document preparation is a one-time stand-alone item that begins and ends. It does not include negotiations, future or later revisions of the document, or any other ongoing services. Additional attorney time is handled on an hourly basis.
Finality of Documents We Prepare. The document process is not indefinite or open-ended. Documents we prepare or review are considered final 3 business days after delivery to you. Please get back to us with any needed corrections or changes before then. Afterwards, a revision fee will apply.
Documents are Proprietary and Supplied in PDF Format. Except for templates, documents are supplied in pdf format only. All our documents are proprietary, subject to copyright, and licensed (not sold) to the client. Our documents may not be copied or disseminated to third parties.
Document Preparation – Additional Fees. Add $75 if metes and bounds (rather than the usual lot and block) must be keyed in by us. Add $25 if we are named as trustee in the Deed of Trust.
No Amateur, Internet, or Seminar Documents. We do not advise upon or get involved with homegrown or amateur documents, forms from the Internet, documents prepared by non-attorneys or non-brokers, or guru forms from real estate investment seminars. These do not meet our professional standards and must be replaced with correct Texas documentation prepared by an attorney.
No Professional Liability Beyond the Specific Document(s) We Prepare. Preparing one or two documents for a transaction does not make us professionally liable for the entire transaction. We have no liability whatsoever for any part of any case or transaction that we do not directly handle, directly advise upon, or directly prepare documents for. No exceptions. A client’s DIY activities are entirely at the client’s own risk.
RECORDING OF DOCUMENTS AND FinCEN REPORTING
Recording with County Clerk Excluded from Legal Fees. Our legal fees exclude both recording fees and the act of recording a document with the county clerk unless there is a prior express (not assumed) agreement otherwise. Online clients generally 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.
Recording of Executed Originals with County Clerk. 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. Upon request, we can provide a blank cover letter to the clerk for you to use.
If We Do County Clerk Recording. If we agree to this (express agreement required in advance) add $50 handling per document plus the applicable filing fee if we are asked to perform the task of recording documents with the county clerk. Note that only original notarized documents can be filed, so the executed original will have to be mailed to us. We then have to write a check and send it on to the county clerk.
Federal FinCEN Reporting Suspended. The FinCEN Residential Rule requiring reporting of cash or no-considerationdeed transfers into LLCs and trusts has been invalidated by a U.S. District Court pending potential appeal by the government. Flowers Title Companies, LLC v. Bessent.
LEGAL VERSUS BROKERAGE SERVICES
Scope of Legal Services. Engaging our law firm for contract review or other legal service does NOT mean that we agree to replace your broker or agent. Requesting contract review, legal advice, or closing document preparation does NOT substitute for the broader services of a real estate agent or broker.
We are Not Your Realtor. Consulting a lawyer does NOT replace an agent or broker and all the various services, expertise, and ongoing support that Realtors provide. We explicitly disclaim any effort to put our attorney into the role of an agent or broker in the transaction. We offer legal advice only. The scope of our legal services is strictly limited by the terms of this engagement letter.
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. Engaging this firm in a legal capacity does not also engage us in a brokerage capacity. We are not currently offering full brokerage services. Any brokerage representation by us requires a specific signed written brokerage agreement, not just a legal services agreement. This engagement letter covers legal services only.
Information on Brokerage Services (IABS). See TREC’s Information about Brokerage Services at https://lonestarlandlaw.com/wp-content/uploads/2020/04/IABS-1-0.pdf.
TITLE COMPANIES AND APPRAISAL DISTRICTS
Our Law Firm is Not a Title Company. We do not check title, provide title reports or polices, obtain tax certificates, or pay off existing liens. We do not employ staff to perform these title company functions.
No In-Office Closings. Our law firm does not offer title company style closings in the office. We do not escrow or distribute funds. We do not notarize or record documents. We do not file any forms with the IRS.
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.
Title Company Policies or Actions. Our documents are always legally effective, but we make no guarantees or assurances concerning any particular title company´s preferences, demands, or underwriting criteria, since these can vary. Negotiating with title companies, addressing their objections or requirements, and dealing with title company attorneys is not included in flat fees. The hourly rate applies.
Appraisal Districts. There are around 254 appraisal districts in Texas, all with their own independent policies and procedures. We make no guarantees or assurances that an appraisal district will (for example) grant a homestead exemption or take any other action in any particular case or circumstance. Negotiating with appraisal districts or addressing their objections or requirements incurs our hourly rate.
LIMITATIONS ON OUR LEGAL SERVICES
SPECIFIC EXCLUSIONS FROM OUR SERVICES
No Tax Advice. We are not tax advisors and do not give tax, accounting, or bookkeeping advice. Consult your CPA in conjunction with our legal advice.
No Escrow Services. We do not offer escrow or trust account services. We do not receive, hold, or disburse client funds or funds in escrow or trust, ever. We suggest a title company for this purpose.
No In-Office Closings. We do not offer free in-office closings. This firm gives advice and prepares documents only. We recommend a title company for closing and funding.
No Assurances or Guarantees. We never guarantee the outcome of a transaction or a negotiation.
No Trustee Services. We never accept the duty of acting as the trustee of a client’s trust.
No Realtor Services. We do not perform services typically provided by real estate brokers and agents unless we expressly agree to do so in writing. Otherwise, only legal services are available.
No Representation of “Everyone.” Our role as a real estate attorney is strictly limited to advising or representing only one party in a transaction.
No DIYers. We do not assist DIYers in handling legal projects or on drafting their own legal documents.
No Liability Beyond the Specific Task. Our firm has no professional duty or liability whatsoever for any part of a case or transaction that we do not directly handle, directly advise upon, or directly prepare documents for. The client’s DIY activities are entirely at the client’s own risk.
No Client Fraud or Illegality. If it is determined that a client is engaging in unlawful activities, representation will be immediately terminated without refund.
No Physical Inspections of Property. We do not physically view or inspect property. We do not physically walk surveys on the ground to verify them. These functions belong to the parties and their agents, brokers, and surveyors.
No Litigation or Disputed Matters at this Time. Our legal services are limited to real estate representation, business transactions, closing documents, and asset protection including LLC formation. Our schedule for litigation and disputed matters is currently full.
NO GUARANTEES OR ASSURANCES
Generally. Lawyers may offer an assessment of future probabilities, but lawyers NEVER give guarantees or assurances of any kind as to the outcome any case, document, or transaction. NO EXCEPTIONS.
Contracts. We offer no guarantees or assurances that contract or document amendments we recommend will be accepted by the other side.
Closings. We offer no guarantees or assurances that a transaction will successfully close and fund.
Title Policies. We offer no guarantees or assurances that a title policy will issue in any particular transaction.
Loans. We offer no guarantees or assurances as to whether or not a client will be able to secure a loan.
Property Taxes. We offer no guarantees or assurances about how an appraisal district will evaluate or assess any real property or any conveyance of real property. This includes whether or not the appraisal district considers any particular property to be homestead or considered a qualifying trust.
Tax Outcomes. We offer no guarantees or assurances about tax outcomes. We are not tax advisors and offer no tax advice. Always consult your CPA in conjunction with our legal and asset protection advice.
Title Transfers and Due-on-Sale. We offer no guarantees or assurances about how any particular lender will or will not choose to exercise its power to call a loan due. We discuss probabilities only.
Lawsuits. We offer no guarantees or assurances as to whether or not a client will be sued or what the outcome of any litigation will be.
MISCELLANEOUS
The Client’s File. Clients receive copies of relevant documents as the legal matter progresses. This is the client´s file. Keeping these copies and maintaining them in an orderly manner is the client´s responsibility. We have no obligation to provide any additional documents or information.
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 and any identifying information that we may (at our discretion) request.
AI Agents. If your intention is to do business with us through an AI agent, please contact another law firm. We interact with humans only, no exceptions.
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 tothe specific terms of service set forth in this engagement letter. No exceptions.
Engagement Letter. This document is our engagement letter setting out the terms and conditions of this particular engagement for legal services. If you wish to proceed, please sign and date below.
AGREED:
___________________________________________ _______________
SIGNATURE DATE SIGNED