Real Estate

At Mitchell Nachtigal Law, we possess a profound understanding of the necessary elements to achieve favorable results in residential real estate cases in Texas. When you work with our attorney, you will benefit from the expertise of a legal team that is highly experienced in this specialized field of law.

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Contract Negotiation, Review & Drafting

Our attorneys will carefully review residential real estate contracts to ensure that all terms and conditions are fair, legally binding, and aligned with your objectives. They will pay particular attention to contingencies, deadlines, financing terms, and other crucial provisions.

We will also represent you during contract negotiations, advocating for favorable terms and conditions while maintaining open communication with the other party. We will work to achieve a balanced agreement that meets your needs.

For unique residential transactions or specific requirements, our attorneys can draft custom contracts tailored to your preferences and objectives. This includes addressing specific contingencies or incorporating special conditions into the agreement.

Lease Negotiation, Review & Drafting

Whether you are a property owner looking to rent out your property or a tenant seeking to lease a residential unit, our legal team’s expertise ensures that your rights and interests are protected throughout the leasing process. We will review lease agreements to ensure that all terms and conditions are fair, legally binding, and compliant with local and state landlord-tenant laws. 

Our real estate lawyers will also advocate on your behalf during lease negotiations, aiming to secure favorable terms and conditions while promoting open and constructive communication between landlords and tenants.

For unique leasing situations, we can draft customized lease agreements tailored to your needs and preferences.

Agent Representation & Commission Agreements

We can help real estate agents with agent representation and commission agreements. We will thoroughly review agent representation and commission agreements to ensure that all terms are fair, legally binding, and compliant with local real estate laws and regulations. We will also work to establish a fair and appropriate commission structure for the real estate agent’s services, ensuring that the compensation arrangement is clear and acceptable to both parties.

Boundary Line Agreements & Disputes

A real estate lawyer at Mitchel Nachtigal Law can arrange for a professional surveyor to conduct a boundary line survey to determine the accurate location of property lines and identify any encroachments or discrepancies.

We can also draft formal boundary line agreements that legally define the new property lines and establish the rights and responsibilities of each owner. As experienced mediators, our legal team can also help handle any dispute that arises and resolve the issue, ensuring that the solution is acceptable to both parties.

Easement Agreements & Disputes

Easements can significantly impact property rights and can lead to conflicts between property owners. We can represent you in negotiating easement agreements with other property owners and ensure that the terms and scope of the easement are clearly defined and that your interests are protected. We can draft customized easement agreements that outline the rights and obligations of both the property owner granting the easement and the party benefiting from the easement. In the event of an easement dispute, our attorneys work to resolve the conflict through negotiation, mediation, or other alternative dispute resolution methods.

Restrictive Covenant Preparation & Review

Restrictive covenants are typically found in deeds or homeowners’ association documents and serve to maintain the character, value, and harmony of a residential community. We can draft customized restrictive covenant agreements that address the specific needs and requirements of a residential community or development. These covenants may include restrictions on property use, architectural guidelines, landscaping rules, and other provisions to protect property values and ensure uniformity. Our attorneys will also review existing restrictive covenant agreements to ensure their enforceability, legality, and compliance with local laws.

Construction Contracts & Disputes

Whether you are a property owner, contractor, subcontractor, or developer, our expertise in construction law can guide you through the complexities of construction agreements and address any disputes that may arise. 

Planning & Zoning

Planning and zoning regulations are set by local governments to manage land use and development, ensuring that properties are used in a manner that is consistent with the community’s vision and zoning ordinances. We can review zoning maps and ordinances to determine the applicable zoning classification and any restrictions that may impact a residential property.

Our real estate attorneys help clients prepare and submit permit applications for residential development, renovation, or other construction projects, ensuring compliance with local zoning and building codes.

Deed Transfers

Whether you are buying, selling, gifting, or transferring residential property, our real estate attorneys will ensure that the process is legally sound and that your rights and interests are protected. We can conduct a thorough title examination to verify the property’s ownership history, identify any liens, encumbrances, or defects, and ensure that the title is clear for transfer. Our attorneys can also prepare the necessary legal documents, including the deed, to effect the transfer of ownership. They will ensure that the deed is accurate, legally valid, and compliant with state and local laws.

Transactional Document Preparation

Transactional documents are crucial for legally formalizing the rights and obligations of parties involved in buying, selling, leasing, or transferring residential properties. Our attorneys can draft comprehensive purchase and sale agreements that outline the terms and conditions of the residential property transaction, including the purchase price, contingencies, closing date, and other essential provisions. For residential rental properties, we can prepare lease agreements that define the rights and responsibilities of both landlords and tenants, including rent, lease duration, security deposit, maintenance obligations, and other pertinent terms.

Our legal team can also help with:

  • Option agreements
  • Deeds
  • Mortgage and financing documents 
  • Title documents 
  • Addendums and amendments 
  • Disclosure statements 
  • Closing documents 
  • HOA documents 
  • Escrow instructions

Loan Document Preparation & Review

Whether you are a borrower seeking a mortgage or a lender extending financing for a residential property purchase, our attorneys can ensure that the loan documents are accurately drafted, comply with applicable laws, and protect the interests of all parties involved.

Due Diligence Sellers, Purchasers, Lenders & Third Party

Our attorneys will conduct a comprehensive title search to ensure that the seller has a clear and marketable title to the property, free from any liens or encumbrances that could impede the sale.

We can assist sellers in providing the necessary property disclosures required by law, ensuring that all material defects and conditions are disclosed to potential buyers.

For purchasers, our attorneys can review the title report to confirm that the property has a clear title and to identify any potential title issues or defects.

For lenders, our legal team will conduct a title search to verify the property’s ownership and assess any existing liens or encumbrances.

For third parties, we will review contracts and agreements related to the residential property transaction to protect the interests of third parties involved.

Landlord & Tenant

Our residential real estate attorneys provide valuable legal assistance to both landlords and tenants, helping them navigate the complexities of landlord-tenant relationships and ensuring that their rights and responsibilities are upheld. 

For landlords, our attorneys can prepare lease agreements that protect the landlord’s interests, outline the terms of the tenancy, and comply with applicable laws.

We also handle:

  • Eviction proceedings
  • Property compliance
  • Tenant disputes
  • Lease renewals and termination
  • Fair housing compliance

For tenants, our attorneys can carefully review lease agreements on behalf of tenants to ensure that their rights are protected and that the terms are fair.

We also offer services for:

  • Security deposit disputes
  • Rent increase disputes
  • Lease termination
  • Tenant rights protection
  • Accommodation requests

Lien Release

Our attorneys can verify that the debt or obligation secured by the lien has been fully paid or otherwise satisfied. They ensure that all necessary payments and obligations have been fulfilled.

Non-Judicial Foreclosures & Workouts

For non-judicial foreclosures, our attorneys can review the loan documents to ensure that the foreclosure process complies with the terms outlined in the mortgage or deed of trust.

We can also assist with:

  • Foreclosure notice preparation
  • Foreclosure timeline compliance
  • Communicating with borrowers
  • Title and ownership issues

For workouts, our attorneys can negotiate loan modifications with lenders on behalf of borrowers to adjust the loan terms and make them more affordable.

Other ways we can assist our clients include:

  • Forbearance agreements
  • Short sales
  • Deed in lieu of foreclosure
  • Repayment plans
  • Negotiating with multiple parties
  • Reviewing workout offers

Seller & Owner Finance

At Mitchell Nachtigal Law, our legal team can facilitate seller and owner financing arrangements, which involve the seller acting as the lender to finance the purchase of a residential property by the buyer. 

For sellers offering owner financing, we can help establish the terms of the owner financing, including the interest rate, repayment schedule, and any other conditions.

We can also assist with:

  • A promissory note and mortgage preparation 
  • Title search
  • Disclosure statements
  • Negotiation 
  • Closing documentation
  • Enforcement of terms

For buyers considering owner financing, our attorneys can review the financing terms offered by the seller to ensure they are fair and reasonable. They can also conduct due diligence on the property to ensure there are no hidden issues or liens that could affect the buyer’s interests.

Title Searches

Our attorneys can conduct a thorough examination of various public records, including county records, to trace the chain of ownership of the property. We can verify that the seller or current owner has a valid and marketable title to the property, allowing them to legally transfer ownership. Our attorneys can also identify any liens, mortgages, judgments, easements, or other encumbrances on the property that could affect the buyer’s interests.

Title Insurance Claims and Disputes

At Mitchell Nachtigal Law, our attorneys can assess the validity of title insurance claims, determining whether the issue falls within the policy’s coverage. They can conduct a thorough examination of the property’s title history to identify any defects or encumbrances that may have triggered the claim. Our legal team can also review the terms and scope of the title insurance policy to determine the extent of coverage and potential benefits for the claimant. We can also act as intermediaries between the claimant and the title insurance company, advocating for the claimant’s rights and interests.

Other services include: 

  • Document review
  • Resolution negotiation
  • Dispute mediation
Residential real estate attorney

Contact Us Today

At Mitchell Nachtigal Law, our attorneys are dedicated to assisting clients in a wide range of residential real estate-related legal matters. Whether you are a buyer, seller, investor, developer, landlord, tenant, or lender, our legal team is well-prepared to offer comprehensive guidance and support throughout the entire process. If you have any questions, concerns, or require experienced legal support for your residential real estate matters, schedule an appointment with a member of our skilled legal team today.