Government-Issued ID

Every person on the deed shows up at closing with two forms of valid, government-issued photo ID. The title company won’t start without it.

Driver’s license, state ID, U.S. passport, military ID, any of those work. But the name on the ID has to match the name on the deed exactly. A maiden name, a missing middle name, a clerical error from the original closing, all of these can pause the process while the title company figures out what to do.

Property Deed, and Which Type Matters

The deed transfers ownership. In Texas, the seller signs it at closing, not the buyer, and it has to be notarized before the county will record it. The title company prepares it. Sellers don’t need to draft anything themselves.

But knowing which deed type is being conveyed matters.

General Warranty Deed

Standard for Texas residential sales. The seller guarantees a clean title going back through the full ownership history, not just their own time owning it. Buyers and lenders expect this. It’s what Bodebuilders uses on every purchase.

Special Warranty Deed

Limits the title guarantee to the seller’s ownership period only. Common in estate sales and foreclosure transactions. Buyers carry more risk, which is why lenders sometimes push back.

Quitclaim Deed

Conveys whatever interest the seller has, with zero guarantees about what that interest actually is. Used between family members or to clear a title cloud. Not appropriate for a standard sale to a third-party buyer.

The title company will prepare a General Warranty Deed for most residential closings. But if there’s an estate or inherited property involved, confirm the deed type with an attorney before closing day.

Seller’s Disclosure Notice

Texas Property Code Section 5.008 makes this mandatory. It’s not optional and it’s not a formality.

The notice requires disclosure of all known material defects, structural problems, past flooding, roof condition, foundation issues, plumbing or electrical problems, pest infestations, environmental hazards, any permitted work. The 2021 update added specific flooding questions: has the property flooded during the seller’s ownership, is it in a flood zone, and has a lender ever required flood insurance. Sellers who skip those questions, or answer them wrong, face post-closing liability.

Once the buyer receives the disclosure, they have 7 days to terminate the contract. That window is their right under the law, which is why the disclosure has to be delivered before the contract effective date, not after.

The current TREC form is free at trec.texas.gov. Use the current version, TREC updates it, and an outdated form may not satisfy the statute.

Community Property and Spousal Signatures

Texas is a community property state. Property acquired during marriage generally belongs to both spouses, even when only one name is on the deed.

If the property is the seller’s homestead, both spouses must sign the deed at closing. Full stop. It doesn’t matter whose name is on the title. A husband can’t sell the family home without his wife signing. A wife can’t sell it without her husband. The title company requires it, and a non-titled spouse who refuses to sign can stop the closing entirely.

For non-homestead properties, investment homes, rentals, land, the rules depend on how title is held and when the property was acquired. An attorney can clarify the specific situation.

Divorce Situations

If the property was jointly owned with a former spouse, the divorce decree has to confirm the selling spouse now owns it outright. Without that documentation, the title company can’t clear title. The decree itself, or a deed prepared as part of the divorce settlement, serves as proof. District court records have certified copies if the original is lost.

Title Search, Title Insurance, and Affidavit of Title

A title search checks public records for anything attached to the property, unpaid taxes, mechanic’s liens, HOA liens, judgment liens, easements, ownership disputes. Every buyer’s lender requires it. And sellers benefit from knowing about problems before they surface at closing.

Common Texas title problems: unpaid property taxes from prior years, contractor liens from unpermitted work, HOA liens from delinquent dues, judgment liens from lawsuits. All of them have to be resolved, paid off and documented, before the title company will close.

In Texas, the seller typically pays for the owner’s title insurance policy. It protects the buyer against title problems that surface after closing. One-time premium, paid at the table.

Order the title search before listing, not after going under contract. Finding a lien with two weeks to closing is a problem. Finding it two months out is a manageable one.

Mortgage Payoff Statement and Property Tax Records

If there’s a mortgage, the lender gets paid before the seller sees a dollar. The payoff statement shows the exact amount owed, principal, accrued interest, any prepayment penalties. The title company sends payment to the lender directly from the closing proceeds.

Payoff amounts change daily. Request a statement with a good-through date that extends at least 10 to 15 days past the expected closing date. If the closing gets delayed, request an update. Most servicers provide this free within 24 to 48 hours.

Texas law allows prorated property taxes, the seller pays for the days they owned the property that year, the buyer takes over from the closing date forward. The title company calculates it, but sellers should pull current tax records from the county appraisal district first. Delinquent taxes become a lien and come out of closing proceeds before the seller gets anything.

TREC Purchase Agreement and Key Addenda

Texas doesn’t allow sellers to use just any contract. The Texas Real Estate Commission publishes promulgated forms that must be used in most residential transactions. The standard for single-family homes is TREC Form 20-16. A generic template, even a well-written one, doesn’t satisfy the requirement.

The purchase agreement covers price, earnest money, contingencies, closing date, what’s included in the sale, and the terms under which either party can walk away. Nothing is legally binding without it.

Addenda to Know

• Third Party Financing Addendum, required when the buyer is using a mortgage
• Amendment to Contract, used when terms change after the original contract is signed
• Lead-Based Paint Addendum, federal law requires this for homes built before 1978
• Correction Statement and Agreement, requires both parties to fix errors discovered after closing

FSBO sellers should have a real estate attorney review the purchase agreement before signing. A contract error that costs $400 to catch upfront can cost tens of thousands to unwind after the fact.

Flood Elevation Certificate

Homes in a FEMA Special Flood Hazard Area need a Flood Elevation Certificate. Buyers financing in a flood zone can’t get a mortgage without one. And they can’t get flood insurance rates without it either.

Houston sellers especially: FEMA updated Harris County flood maps significantly after Harvey in 2017. Properties that weren’t in a flood zone five years ago may be now. Check before listing, not after a buyer’s lender flags it during underwriting.

A licensed surveyor prepares the certificate. Cost runs $300 to $600 in the Houston area. FEMA’s map service center at msc.fema.gov lets sellers check their flood zone status before ordering a full certificate.

And per the 2021 disclosure update, flood zone status has to be disclosed on the Seller’s Disclosure Notice regardless. The certificate and the disclosure are two separate requirements.

HOA Documents and Resale Certificate

Texas Property Code Chapter 207 requires sellers in HOA communities to provide the HOA’s bylaws, CC&Rs, current dues statements, any pending special assessments, and a resale certificate.

The resale certificate matters most. It’s a snapshot of the HOA’s financial health, reserve fund balance, outstanding dues, any pending litigation, confirmation the seller’s account is current. Once the buyer receives the full HOA package, they have 3 business days to terminate the contract if they don’t like what they find. That’s the law.

Contact the HOA management company early. The resale certificate costs $100 to $200 and takes 5 to 10 business days. Waiting until the property is under contract adds unnecessary pressure.

Inherited Property, Extra Paperwork Required

Selling an inherited property means proving legal authority to sell before the title company will close. The specific documents depend on how ownership transferred after the original owner died.

Letters Testamentary, if the estate went through probate, the executor gets this from the probate court. It confirms legal authority to manage and sell estate assets. Required before a title company will close on a probated property.

Affidavit of Heirship, when there’s no will and no probate, heirs can sometimes use this to establish ownership. Two disinterested witnesses sign it, and it gets recorded with the county. But not all title companies accept it. Confirm before counting on it.

Transfer on Death Deed (TODD), Texas allows owners to execute a TODD while living, passing property directly to a named heir without probate. If the property transferred this way, the heir needs the original TODD, a death certificate, and a recorded affidavit of survivorship.

Power of Attorney, if the owner is alive but can’t attend closing, a Texas Statutory Durable Power of Attorney lets someone sign on their behalf. It must comply with Texas Estates Code requirements. A generic POA form won’t hold up for a real estate transaction.

A real estate attorney is worth the cost for any inherited property situation. The paperwork combinations are specific to each case, and the wrong approach delays the closing.

Complete Document Checklist

Frequently Asked Questions