Real Estate Attorney in Austin, Texas
Your goals are important. When it comes to real estate issues, concerns, or questions, look no further than the Law Office of Steve Davis. I am prepared to work with you as either a realtor or a lawyer – or both, depending on your needs. At my firm, I am prepared to give you the service that you deserve, and the longevity and confidence that come from my real estate services to many buyers and sellers have resulted in repeat and referral business. I strive to give you the successful service I have given to other clients that have had great lasting results. Reach out today for a consultation. Together, we can determine if something is a good decision to purchase based on the price, terms in the contract, financing and more.
My firm works with individual buyers, sellers, and commercial investors in real estate transactions spanning all price ranges and property types. I am prepared to serve you with most any real estate needs. I have 35 years’ experience as a real estate attorney and nearly 20 years as a real estate broker, as well as being a former Mortgage Broker, Escrow Officer, Title Fee Office owner, and RMLO (Residential Mortgage Loan Originator), including reverse mortgages. Because of my experience, I have a perspective that nobody else has, and I can serve you in all areas of real estate. Some of my services include, but are not limited to, the following:
Real Estate Closing Documents & Contracts
Lending Notes, Deeds of Trust and Releases
Leases both residential and commercial
Addendums and Exhibits to existing Agreements
Transfers of ownership rights in Trusts
Transactions of most kinds of real estate and beneficial interests
No matter your needs, no matter if you’re a buyer or seller, I will diligently serve you. I have handled thousands of closings, from the offer to the final payment, and everything in between. Reach out today for passionate guidance.
Deeds transfer the ownership (the title) of a property to another person. However, both parties signing the document must understand the contract in its entirety and avoid common pitfalls or possible issues. An attorney can read through, understand, and lay out the details of your deed, as well as help you understand if you should accept the contract based on deed restrictions and reservations. If you have already accepted terms in a deed, I can help you know how you can be in compliance or even relieve you of your obligations legally. Call for consultations and review of your real estate documents to better understand your obligations and opportunities.
Deeds of Trust
When buying or selling a property with a loan, it’s important you have an official document that will protect you. A deed of trust states the home buyer will repay the loan, and the mortgage lender will hold a lien on the property title. The Trustee holds power to take back your title to the property until the secured loan on the property is fully paid. Sometimes, after it’s been paid, lenders fail to release the title to the property, and in this case, the buyer may need an attorney to force the bank to give them a clear title to the property.
A promissory note is a written agreement that states the terms under which a borrower will pay back a loan. The note includes general terms of the agreement, such as the borrowed amount, date the payments are due, interest rate, terms of default and the authorized signatures from both parties.
Transfer on Death Deed
A transfer on death deed is used to transfer real estate but the transfer will only be put into effect after the death of the current property owner. Usually this type of a deed helps family members to keep from probating property that could be included in a will (i.e. probating a will most of the time includes going to Court to verify a will, process the terms of a will, verification of assets and debts, then determining distribution according to the terms of the will, all with costs that includes attorney’s fees, possible professional evaluation of assets, even contested terms of the will with handwriting experts, as well as costs of Court and sometimes unplanned and undesirable outcomes of the testator or maker of the will).
When an offer is made, it’s important that it’s drafted so that it is binding on all parties and avoids contradictions. I can help you with a clearly drafted understanding of all parties to the contract to prevent possible future issues. This includes duties, obligations, and benefits.
Promulgated Contracts and Addendums
Promulgated contracts are contracts that are published from some legally official source, including the Texas Real Estate Commission, Texas Property Code and even the Texas Supreme Court. If you need to make an addendum to your contract, you need the support of an attorney. Addendums can modify, alter, or make material changes to a signed contract with the written agreement of all parties to the original contract.
If you’re looking to rent a home, building, or land, a lease controls the legal rights you have in the land and its improvements. Leases should always include the proper designations of the Landlord and Tenant, duration of the lease, address, responsibilities of the landlord and tenants, the rent amount and due dates, consequences for breach of contract, policies, and more. Also, an attorney can help you find any “gotcha clauses” and avoid them.
Condo regimes are similar to HOAs, created to protect owners of a property grouped into a common area. Because multiple parties are owners of a shared property, each party needs to know the expectations, rules, and benefits of owning the condominium. Reach out to me to better understand your obligations within the condo regime. I have drafted and reviewed condo regimes, and I can help you understand most aspects of them that may affect your ownership interest in your condo and the common areas of the regime.
Powers of Attorney
A power of attorney can help you protect your assets. It is a document that gives someone you trust the power to act on your behalf in the case of incapacity before your death. The powers of an individual stop when the person giving the powers passes away. I can help you create a durable power of attorney for finances or health care, a non-durable power of attorney, or a springing power of attorney.
When buying or investing in property, a real estate joint venture is a risky but rewarding option for those involved. Remember a Joint Venture is treated like a general partnership in law. Everyone in the contract is responsible for costs, income, profits, and losses. There may be one or a few decisions makers, but be sure you have vetted any person who you are giving authority over your money. Best practice in this area is fully disclosing to your attorney your objectives and planned partners so your risks and rewards can be made clearer to you before you commit to ventures. No matter your questions, I am here to answer them.
Types of Real Estate
Residential Single Family
Our residential single-family services connect buyers with sellers daily, and we do it with professionalism and total dedication to our clients. This property type is the majority of my firm's market transactions, but by far not the only one in which I have experience.
While condominiums are generally residential, business or office condos are a very different market focus. Regardless of who plans to own a condo, it is best to have an attorney review the terms and conditions of the condo regime before buying a condo, residential or commercial. There may be unacceptable restrictions on the property and the common area, unanticipated fees and rising costs in the regime, and strict rules and regulations that do not fit your intended use of the condo; once you have contracted to buy a condo it can be very difficult to withdraw the offer.
Investors are great clients for Davis Realty. Multi–family properties are a complex and unique market. The detailed return on investment and valuation calculations investors need to evaluate properties for rental are just part of deciding to buy a multi-family income property. I can suggest enhancements that can increase income which may make the purchase more attractive with less risk.
Whether it’s an apartment complex, a shopping mall, a small office building, or a restaurant space, we’re commercial property specialists. Contact me for your commercial property needs in the Austin real estate markets.
Land is a very special property class. It’s relatively easy to show a gourmet cook a fabulous commercial kitchen in a home and see their eyes light up. It’s more of a challenge to help a buyer or seller to realize the potential of a piece of land. My firm is the best at it in the Austin real estate markets.
Real Estate Attorney in Austin, Texas
I'm Steve Davis, attorney at law, and I've been a Texas Broker for over fifteen years, serving buyers and sellers of residential, commercial, and other properties successfully for his clients. With over 1080 accredited Real Estate Education hours recognized by the Texas Real Estate Commission, I am highly educated in real estate matters and ready to help you and your family build the future you envision. Call or message my firm in Austin, Texas today to start a discussion of your needs, hopes and dreams that we can help you reach.